§ 1174. Overtaking and passing school bus. (a) The driver of a vehicle\nupon a public highway, street or private road upon meeting or overtaking\nfrom either direction any school bus marked and equipped as provided in\nsubdivision twenty of section three hundred seventy-five of this chapter\nwhich has stopped on the public highway, street or private road for the\npurpose of receiving or discharging any passengers, or which has stopped\nbecause a school bus in front of it has stopped to receive or discharge\nany passengers, shall stop the vehicle before reaching such school bus\nwhen there is in operation on said school bus a red visual signal as\nspecified in subdivision twenty of section three hundred seventy-five of\nthis chapter and said driver shall not proceed until such school bus\nresumes motion, or until signaled by the driver or a police officer to\nproceed. For the purposes of this section, and in addition to the\nprovisions of section one hundred thirty-four of this chapter, the term\n"public highway" shall mean any area used for the parking of motor\nvehicles or used as a driveway located on the grounds of a school or of\na board of cooperative educational services facility or any area used as\na means of access to and egress from such school or facility.\n (b) The driver of such school bus, when receiving or discharging\npassengers who must cross a public highway, street or private road,\nshall instruct such passengers to cross in front of the bus and the\ndriver thereof shall keep such school bus halted with red signal lights\nflashing until such passengers have reached the opposite side of such\nhighway, street or private road. Whether such passengers are crossing\nsuch highway street or private road or discharging to the same side of\nsuch highway, street or private road, the driver of such bus shall keep\nsuch school bus halted with red signal lights flashing until such\npassengers are at least fifteen feet from the bus and either off the\nhighway, street or private road or on a sidewalk.\n (c) Every person convicted of a violation of subdivision (a) of this\nsection shall: for a first conviction thereof, be punished by a fine of\nnot less than two hundred fifty dollars nor more than four hundred\ndollars or by imprisonment for not more than thirty days or by both such\nfine and imprisonment; for a conviction of a second violation, both of\nwhich were committed within a period of three years, such person shall\nbe punished by a fine of not less than six hundred dollars nor more than\nseven hundred fifty dollars or by imprisonment for not more than one\nhundred eighty days or by both such fine and imprisonment; upon a\nconviction of a third or subsequent violation, all of which were\ncommitted within a period of three years, such person shall be punished\nby a fine of not less than seven hundred fifty dollars nor more than one\nthousand five hundred dollars or by imprisonment for not more than one\nhundred eighty days or by both such fine and imprisonment.\n (d) For the purposes of this section, the term "passengers" shall mean\nthose persons designated in paragraph (d) of subdivision twenty of\nsection three hundred seventy-five of this chapter.\n
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