Out of all the traffic tickets in Ontario “fail to stop for a school bus” is the most serious. This is based on the vulnerable and valued passengers they are transporting. Therefore, every driver has an obligation to stop when approaching a school bus with its overhead red lights activated. Some people get confused and think it is ok to proceed if the stop sign arm is not out, which is not only incorrect but very dangerous. A driver MUST stop once the overhead red lights are activated, regardless of the bus’s stop sign arm being out.
This charge is taken very seriously by the courts and prosecutors. Rarely is a charge reduced or dropped in these situations. Drivers charged with this ticket will likely end up going to trial.
Different charges and penalties related to failing to stop for a school bus
In the province of Ontario there are two specific charges a driver can receive when they fail to stop for a school bus:
Section 175(11) H.T.A Fail to stop for a school bus-Meeting, which states:
Duty of drivers when school bus stopped
(11) Every driver or street car operator, when meeting on a highway, other than a highway with a median strip, a stopped school bus that has its overhead red signal-lights flashing, shall stop before reaching the bus and shall not proceed until the bus moves or the overhead red signal-lights have stopped flashing. 2017, c. 26, Sched. 4, s. 21 (1).
Same
(11.1) Every driver or street car operator, when meeting on a highway, other than a highway with a median strip, a stopped school bus that has its stop arm actuated, shall stop before reaching the bus and shall not proceed until the bus moves or the stop arm is no longer actuated. 2017, c. 26, Sched. 4, s. 21 (1).
This section explains that if a driver is going in the opposite direction of a school bus, and there is no median strip between the bus and the driver, the driver must stop when the bus’s overhead red lights are flashing. The driver must stop their vehicle and is only allowed to proceed once the stop sign arm and overhead red lights stop flashing. Further confusion tends to arise on a six-lane roadway. When on a six-lane roadway with no median, all drivers going in the opposite direction of a school bus must stop. Regardless of the number of lanes separating the driver from the lane the bus is in, it is NOT okay to proceed; only in the instance where a median is present and separating the directions of traffic can you continue driving.
Section 175(11) H.T.A Fail to stop for a school bus-Approaching, which states:
Same
(12) Every driver or street car operator on a highway, when approaching from the rear a stopped school bus that has its overhead red signal-lights flashing, shall stop and shall not proceed until the bus moves or the overhead red signal-lights have stopped flashing. 2017, c. 26, Sched. 4, s. 21 (1).
Same
(12.1) Every driver or street car operator on a highway, when approaching from the rear a stopped school bus that has its stop arm actuated, shall stop and shall not proceed until the bus moves or the stop arm is no longer actuated. 2017, c. 26, Sched. 4, s. 21 (1).
Same
(12.2) Every driver or street car operator on a highway, when approaching from the rear a stopped school bus that has its overhead red signal-lights flashing, or that has its stop arm actuated, shall stop at least 20 metres before reaching the bus. 2017, c. 26, Sched. 4, s. 21 (1).
This section specifically speaks to having to stop your vehicle when approaching a school bus from behind when the overhead red lights are flashing, regardless of a median. It also indicates that you are required to stop 20 meters behind the school bus.
Fail to stop for school bus-Vehicle Owner which states:
Certificate of offence — owner
(19) A person who issues a certificate of offence or who prepares an information to be laid under the Provincial Offences Act for a contravention of subsection (11) shall, despite that Act and the regulations under that Act, specify this subsection, instead of subsection (11), as the provision that was contravened, if the defendant is being charged as the owner of the vehicle. 2004, c. 22, s. 5 (2).
Same
(19.1) A person who issues a certificate of offence or who prepares an information to be laid under the Provincial Offences Act for a contravention of subsection (11.1) shall, despite that Act and the regulations under that Act, specify this subsection, instead of subsection (11.1), as the provision that was contravened, if the defendant is being charged as the owner of the vehicle. 2017, c. 26, Sched. 4, s. 21 (3).
This section speaks about Owner Provision, which means two things:
- If a school bus driver sees a vehicle pass the school bus, they can record the license plate and an officer of the law can then lay a charge against the owner of the vehicle regardless of who was driving.
- Camera systems are being placed on school buses to record licence plates of vehicles that fail to stop. They act the same way as a red-light camera or speed camera system. The owner of the vehicle will receive a ticket in the mail with the fine, regardless of who was driving the vehicle.
Keep in mind that in Ontario, camera ticketing systems do not carry points and do not impact your insurance, as there is no proof of who was operating the vehicle. The owner of the vehicle will get the fine, and if it is not paid, the owner will not be able to renew their sticker.
School Bus Ticket Penalty:
The penalty for failing to stop for a school bus is:
- 6 Demerit points
- Minimum fine of $400
- Maximum fine of $2,000
- 30-day licence suspension for G1 and G2 driver’s (novice drivers)
- Commercial licence points (CVOR) – 5 CVOR points
- Increase or cancellation of insurance
We at FIX-A-TICKET Legal services have experience fighting these charges in court. We know which evidence and details to look at. Was the stop sign arm or overhead red lights activated? Were the lights working properly? Were the occupants children? Was there a clear/unobstructed view? There are many defenses a qualified representative can use to challenge.
For Safety tips, please visit: https://www.ontario.ca/page/school-bus-safety
For the highway traffic act, please visit: https://www.ontario.ca/laws/statute/90h08#BK282
If you need experience defending your driving rights in Ontario regarding a traffic ticket, you should contact us for a free consultation. We at FIX-A-TICKET Legal services have the skills and experience to help drivers defend against traffic tickets in court. We provide honest and transparent legal advice. For a free consultation, please call or text 613-282-5299 or visit www.fixaticket.ca.