Operation of School Buses

  1. Law
  2. Georgia Code
  3. Motor Vehicles and Traffic
  4. Uniform Rules of the Road
  5. School Buses
  6. Operation of School Buses

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  1. Prior to moving a school bus from a stop at which passengers have been loaded or unloaded, the driver of the bus shall check all mirrors to ensure that it is safe to place the bus in motion.
  2. Prior to loading or unloading passengers from a school bus, the driver shall engage the parking brakes of the bus and shall not release such brakes until each passenger boarding the bus is on board and until each passenger disembarking from the bus is off the roadway and safely on the pedestrian areas of the roadway.
  3. Prior to loading or unloading passengers from a school bus, the driver shall display the stop arm on the bus and shall not retract the stop arm until each passenger boarding the bus is on board and until each passenger disembarking from the bus is off the roadway and safely on the pedestrian areas of the roadway.
  4. The driver of a school bus shall not use or operate a wireless telecommunications device, as such term is defined in Code Section 40-6-241, or two-way radio while loading or unloading passengers.
  5. The driver of a school bus shall not use or operate a wireless telecommunications device, as such term is defined in Code Section 40-6-241, while the bus is in motion, unless it is being used in a similar manner as a two-way radio to allow live communication between the driver and school officials or public safety officials.
  6. The driver of a school bus shall instruct all passengers exiting the bus of the proper procedures of crossing the roadway in front of the bus only.
  7. The driver of a school bus shall ensure that the red flasher lights on the bus remain illuminated and flashing until all passengers have boarded or have exited the bus and have safely crossed the roadway and are safely on the pedestrian areas of the roadway.
  8. The driver of a school bus shall extend the extension arm or gate on the front of the bus until all passengers have boarded or have exited the bus and have safely crossed the roadway and are safely on the pedestrian areas of the roadway.

(Code 1981, §40-6-165, enacted by Ga. L. 2004, p. 621, § 7; Ga. L. 2016, p. 380, § 1/HB 777; Ga. L. 2018, p. 127, § 3/HB 673.)

The 2016 amendment, effective July 1, 2016, added ", unless it is being used in a similar manner as a two-way radio to allow live communication between the driver and school officials or public safety officials and in accordance with the provisions of paragraph (2) of subsection (b) and of subsection (c) of Code Section 40-6-241.2" at the end of subsection (e).

The 2018 amendment, effective July 1, 2018, substituted "wireless telecommunications device, as such term is defined in Code Section 40-6-241," for "cellular telephone" in subsections (d) and (e); and deleted "and in accordance with the provisions of paragraph (2) of subsection (b) and of subsection (c) of Code Section 40-6-241.2" following "safety officials" at the end of subsection (e).

Cross references.

- Training of school bus drivers, § 20-2-1125.

Editor's notes.

- Ga. L. 2004, p. 621, § 5, not codified by the General Assembly, provides: "This part [consisting of §§ 5-8 of the Act] shall be known and may be cited as 'Aleana's Law.'"

Ga. L. 2018, p. 127, § 1/HB 673, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Hands-Free Georgia Act.'"

Law reviews.

- For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 139 (2018).

RESEARCH REFERENCES

Am. Jur. 2d.

- 7A Am. Jur 2d, Automobiles and Highway Traffic, § 309.

C.J.S.

- 60A C.J.S., Motor Vehicles, § 870.

ARTICLE 9 SPEED RESTRICTIONS

JUDICIAL DECISIONS

Motorist may be tried and convicted in two counties for speeding.

- When a motorist is charged with speeding and driving under the influence in two counties, the motorist may be tried and convicted in both counties for speeding, but a conviction for driving under the influence in one county will bar prosecution in the other as this charge arises out of the same conduct in both counties. State v. Willis, 149 Ga. App. 509, 254 S.E.2d 743 (1979).

Cited in Hardison v. Shepard, 246 Ga. 196, 269 S.E.2d 458 (1980); Reed v. Carolina Cas. Ins. Co., 327 Ga. App. 130, 755 S.E.2d 356 (2014); State v. Osterloh, 342 Ga. App. 668, 804 S.E.2d 696 (2017).

OPINIONS OF THE ATTORNEY GENERAL

Prosecuting legislators for speeding violations.

- There is no constitutional immunity for members of the General Assembly from prosecution for speeding violations or other violations of the criminal law. 1985 Op. Att'y Gen. No. U85-50.

RESEARCH REFERENCES

ALR.

- Applicability of motor vehicle regulations to public officials or employees, 19 A.L.R. 459; 23 A.L.R. 418.

Driving automobile at a speed which prevents stopping within length of vision as negligence, 44 A.L.R. 1403; 58 A.L.R. 1493; 87 A.L.R. 900; 97 A.L.R. 546.

Excessive speed of automobile as affecting question whether excavation or other defect in highway is the proximate cause of accident, 82 A.L.R. 294.

Inference or presumption that owner of motor vehicle was its driver at time of traffic, driving, or parking offense, 49 A.L.R.2d 456.

Meaning of "residence district," "business district," "school area," and the like, in statutes and ordinances regulating speed of motor vehicles, 50 A.L.R.2d 343.

Construction, application, and effect, in civil motor vehicle accident cases, of "slow speed" traffic statutes prohibiting driving at such a slow speed as to create danger, to impede normal traffic movement, or the like, 66 A.L.R.2d 1194.

Custom or practice of drivers of motor vehicles as affecting question of negligence, 77 A.L.R.2d 1327.

Speed, alone or in connection with other circumstances, as gross negligence, wantonness, recklessness, or the like, under automobile guest statute, 6 A.L.R.3d 769.

Legal aspects of speed bumps, 60 A.L.R.4th 1249.


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