Failure to Stop for a School Bus in New Jersey

N.J.S.A. 39:4-128.1 · Moving Violations & Driving Offenses

What the law says

The section requires motorists to stop or reduce speed when approaching or passing certain stopped school buses, and requires bus drivers to keep flashing red lights on and not start until children who alighted have reached a place of safety. A person who violates any provision of the act is subject to the penalties stated in the section.

Motor vehicle offenses like this are heard in the municipal court where the ticket was issued. A motor vehicle conviction isn't a criminal record, but it can bring fines, MVC points, surcharges, license suspension, and higher insurance costs.

What the statute covers

Key rules in N.J.S.A. 39:4-128.1 that the State relies on:

How the charge is graded

• First offense: a fine of not less than $100.00, imprisonment for not more than 15 days or community service for 15 days in such form and on such terms as the court shall deem appropriate, or both.
• Each subsequent offense: a fine not less than $250.00, imprisonment for not more than 15 days, or both.

Penalties in the statute

• For a first offense: a fine of not less than $100.00.
• For a first offense: imprisonment for not more than 15 days or community service for 15 days in such form and on such terms as the court shall deem appropriate, or both.
• For each subsequent offense: a fine not less than $250.00, imprisonment for not more than 15 days, or both.
• A person who suppresses, by way of concealment or destruction, any evidence of a violation of this section or who suppresses the identity of the violator is subject to a fine of $100.
• The Chief Administrator of the Motor Vehicle Commission may revoke the license to drive a motor vehicle of a person guilty of a willful violation that, in the chief administrator’s discretion, justifies revocation.

MVC points and surcharges

• Points: 5 points.
• Collecting 6 or more points within three years brings a surcharge of $150 plus $25 for each additional point, and 12 or more points leads to a license suspension.

Other rules that can matter

• For purposes of this section, “highway” means the entire width between the boundary lines of every way, whether publicly or privately maintained, when any part of it is open to the public for purposes of vehicular travel.
• A bus required to be designated as a school bus under the first paragraph must have one sign on the front and one sign on the rear, with each letter on the signs at least four inches in height.
• Drivers may pass without stopping, at a speed not in excess of 10 miles per hour, when a school bus is parked at the curb to receive children directly from or discharge children to a school, summer day camp, or school-connected activity located on the same side of the street as the bus.
• Drivers may pass without stopping, at a speed not in excess of 10 miles per hour, when a school bus is parked at the curb to receive or discharge a person who has a developmental disability on the same side of the street as the bus.
• The penalties are enforced and recovered pursuant to chapter 5 of Title 39 of the Revised Statutes.
• There is a rebuttable presumption that the registered owner of the vehicle involved in the violation committed the act.
• The Chief Administrator may validate a license that has been revoked or grant a new license to a person whose license was revoked pursuant to this act.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Radar and lidar calibration and operator training records
• Officer observation and the officer's vantage point
• Negotiating to a lower-point or no-point offense
• Protecting CDL holders and drivers close to suspension

What to do right now

1. Don't pay the ticket online. Paying is a guilty plea.
2. Check your driver history abstract so you know your current points.
3. Keep the summons and write down what happened at the stop.
4. Tell your lawyer if you hold a CDL or already have points or suspensions.
5. Call before your court date. Many tickets can be resolved without you missing work.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Failure to Stop for a School Bus charge.

Related charges

• Reckless Driving →
• Careless Driving →
• Unsafe Operation of a Motor Vehicle →
• Speeding →
• Racing on Highways →
• Leaving the Scene of an Accident →
• Failure to Report an Accident →
• Using a Handheld Cell Phone While Driving →

Sources

• N.J.S.A. 39:4-128.1 on Justia (2024 New Jersey Revised Statutes)
• NJ MVC points schedule
• NJ MVC surcharges

Statute summaries are based on the 2024 compilation of the New Jersey Revised Statutes. Laws change, so confirm the current version with counsel.

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.