(a) Definition: for the purposes of this article the term “school bus” means every motor vehicle owned by a public or governmental agency and operated for the transportation of children to or from school or privately owned and operated for compensation for the transportation of children to or from school.
(b) The driver of a vehicle upon meeting or overtaking from either direction any school bus which has stopped for the purpose of receiving or discharging any school children shall stop the vehicle before reaching such school bus when there is in operation on such school bus flashing warning signal lights, as referred to in W.Va. Code § 17C-12-8 and the driver may not proceed until the school bus resumes motion, or is signaled by the school bus driver to proceed or the visual signals are no longer actuated. This section applies wherever the school bus is receiving or discharging children including, but not limited to, any street, highway, parking lot, private road or driveway; provided, that the driver of a vehicle upon a controlled access highway need not stop upon meeting or passing a school bus which is on a different roadway or adjacent to the highway and where pedestrians are not permitted to cross the roadway.
(c) Any driver acting in violation of subsection (b) above is guilty of a misdemeanor and, upon conviction for a first offense, shall be fined not less than $250 or more than $500. Upon conviction of a second violation of subsection (b) above, the driver shall be fined not less than $500 nor more than $1,000, Upon conviction of a third or subsequent violation of subsection (b) above, the driver shall be fined $1,000.
(d) Where the actual identity of the operator of a motor vehicle operated in violation of subsection (b) above is unknown but the license plate number of the motor vehicle is known, it may be inferred that the operator was an owner or lessee of the motor vehicle for purposes of the probable cause determination. Where there is more than one registered owner or lessee, the inference created by this subsection (d) shall apply to the first listed owner or lessee as found on the motor vehicle registration.
(e) Service of process of a complaint issued pursuant to subsection (d) above shall be effected consistent with West Virginia Rule of Criminal Procedure 4.
(f) Every bus used for the transportation of school children shall bear upon the front and rear of the bus a plainly visible sign containing the words “school bus” in letters not less than eight inches in height. When a contract school bus is being operated upon a highway for purposes other than the actual transportation of children either to or from school, all markings on the contract school bus indicating “school bus” shall be covered or concealed. Any school bus sold or transferred to another owner by a county board of education, agency or individual shall have all flashing warning lights disconnected and all lettering removed or permanently obscured, except when sold or transferred for the transportation of school children.
(W.Va. Code § 17C-12-7) (Ord. passed 11-7-2017)