Know the Law: When You Must Stop for a School Bus

Aug 19, 2026 at 07:30 am

Tom Anglim

By Tom Anglim

District Attorney

It is that time of year. Schools have begun classes or soon will be starting. This means the big yellow buses with large letters, red lights and red stop signs will be traveling to and from school. Their cargo is precious to us all.

Anyone who drives on our streets and highways should know the laws governing school buses — particularly when you must stop your vehicle as one approaches. Unfortunately, some drivers fail to properly stop for school buses, creating grave risks to the children aboard, the bus driver, and others on the road. As district attorney, I take these cases very seriously, for the simple reason that a child's life could be at stake.

I've received questions from parents and others about when drivers must stop for a school bus. Unlike simpler rules — like "wear your seatbelt" — this one requires more than a "don't do it" answer. First rule of thumb: when in doubt, stop.

Nevertheless, here are some guidelines. Most people know it is unlawful to pass a school bus, when approaching from any direction, while the bus is displaying its mechanical stop signal (arm) or flashing red lights. Notice the key word "or," as opposed to "and." A common but unfounded defense I often hear goes something like this: "The bus had its arm out, but no lights were flashing!" Both are not required to constitute a violation of this law. Obviously, this law applies only when the bus is stopped to receive or discharge students. Another important reminder: nearly every school bus has multiple cameras mounted to cover the entire exterior of the bus — front, side and rear.

The more confusing part of this law involves divided and undivided highways. Here's the deal: if you are traveling in the opposite direction of a school bus, and the highway is divided into separate lanes of traffic (including by a center turn lane, if the roadway has at least four travel lanes) or by a physical barrier, such as a concrete median, then you need not stop. I've attached a diagram published by the North Carolina Department of Transportation depicting different stopped-school-bus situations and a driver's responsibility to stop or not stop. The situation described above is reflected in Scenarios 4 and 5 on the NCDOT diagram. The key word is "opposite" — this exception does not apply if you are traveling behind the bus in the same direction. As you'll see, in all five scenarios, cars following the bus are required to stop. In addition, in Scenarios 1, 2 and 3, cars traveling in both directions must stop for the bus.

As a reminder, in a world where everyone seems to be in a hurry: a school bus loaded with children is not permitted to travel faster than 45 miles per hour. A school bus is defined as a vehicle whose primary purpose is to transport students to and from school, and it must display the words "School Bus" in large letters on the front and back. This differs from the white school activity bus, whose main purpose is to transport students to events other than regular schoolwork, such as sports. The maximum speed for a school activity bus is 55 miles per hour. So when you're stuck behind a bus that seems to be creeping along, keep in mind the driver is simply obeying the law.

If you're wondering what the big deal is — aside from the lives of children — a person convicted of passing a stopped school bus faces, in addition to any fine and court costs, an assessment of five points on their license and a steep increase in their auto insurance rates.

Stay alert and on the lookout for school buses. If you don't want to end up in court in front of a judge — or the district attorney — please stay alert and drive safely.

Tom Anglim is the district attorney for Beaufort, Hyde, Martin, Tyrrell and Washington counties. He maintains offices in Washington and Williamston.

Sections: Opinion



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