(A) (1) 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 such driver shall not proceed until such 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 such highway and where pedestrians are not permitted to cross the roadway.
(2) If the identity of the driver cannot be ascertained, then any such owner or lessee of the vehicle in violation of this section shall be subject to the penalty provided for a violation of this section; provided, however, that such conviction shall not subject such owner or lessee to further administrative or other penalties for such offense, notwithstanding other provisions of the West Virginia Code or this title to the contrary.
(B) Every bus used for the transportation of school children shall bear upon the front and rear thereof 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 street or highway for purposes other than the actual transportation of children either to or from school, all markings thereon 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.
(Ord. passed 5-11-2021) Penalty, see § 72.99