TOP STORY OF THE DAY - Teaming up to “protect our children”

School buses are designed to be highly visible, including safety features such as flashing red lights, cross-view mirrors, and stop-sign arms. In Indiana, it’s against the law for motorists to pass a stopped bus with red lights flashing and stop-arm extended.

NOTE: The only exception is when motorists on a divided highway with a barrier - a cable barrier, concrete wall, or grassy median - must stop if traveling in the same direction as the school bus.

However, those safety features don’t mean anything if motorists pass a school bus while the stop sign is engaged, endangering children crossing streets.

Clay Community School Corporation’s Police Chief Josh Clarke confirmed that the department has been paying attention to the number of stop-arm violations and is concerned about the “magnitude of the situation.”

“We have had a slew of them. So much so that we’re worried about the safety of the children,’ said Clarke about keeping track of the bus security cameras. “The intersection of State Road 59 and US40, and along those roads are probably our worst areas.”

Sheriff Brison Swearingen confirmed, “There have been many complaints during the first semester of the school year, and the Sheriff’s Office has worked to patrol the problem areas.”

The CCSPD’s Police Department recently worked with the Clay County Sheriff’s Department to be proactive about school bus safety.

Officers from both departments worked jointly on the buses, along the routes, and at the hot spots to try to catch violators.

“Clay Community School Corporation Police Department and the Clay County Sheriff’s Office will continue working throughout the school year to curb the violations,” Swearingen added.

Clarke confirmed citations are being issued based on the camera footage. Technology is available now that law enforcement doesn’t need to be on the scene to ticket violators.

“There are pictures, and we are going to start sending citations,” said Clarke. “We don’t have to pull you over to send the citation to get you now.”

Clarke hopes that sharing information with the public will educate them on the importance of school bus safety.

“People need to be cautious because these kids are getting off the bus,” Clarke said, adding the corporation has taken preventative maintenance by ensuring children aren’t crossing the roads. “But sometimes they have to cross the road. It’s just not conducive. But we, the community, must be more aware of those school bus stop arms.”

In today’s world of technology, Clarke said there is a myriad of distractions - phones or radio, eating, putting on makeup - who knows what, “but we need to be more observant. Those big, bright yellow school buses with bright red and yellow flashing lights are very easy to see.

“We just need to pay attention as a community,” said Clarke. “Because right now, we’re having way too many violations.”

STOP ARM VIOLATION NATIONAL COUNT

In April 2023, the National Association of State Directors of Pupil Transportation Services initiated its national survey to determine the prevalence of illegal passing of school buses.

Indiana reported 6,408 bus drivers participating in a one-day count, reporting 2,149 violations throughout the day. (2,149 x 180 school days - 386,820 total potential violations)

SCHOOL BUS STOP ARM VIOLATION ENFORCEMENT

Indiana Code 9-21-8-52. Reckless driving, passing a school bus with an extended stop arm, can be pointed on a driver’s license and has an ultimate potential license suspension penalty by the Indiana Bureau of Motor Vehicles.

“After so many violations or points for infractions, the BMV could suspend your license,” said Clarke.

STATE LAWS POSSIBLY CHANGING

An Indiana State Senate committee recently endorsed a bill (Tuesday, January 9, 2024) to make it easier to issue stiffer penalties against the owners of vehicles caught passing stopped school buses.

Senate Bill 30 would allow authorities to issue a Class B infraction against the registered vehicle owner who failed to stop when a school bus stop arm is extended and/or the vehicle’s license plate information is recorded by a camera on the bus.

PLUGGING THE LOOPHOLES

There are hundreds of instances throughout the state where people discovered a “loophole” in state law by claiming they were not driving the car when cameras caught the vehicle violating the law.

This bill allows the vehicle owner to provide evidence that they were not driving it during the violation. It does allow the Bureau of Motor Vehicles to assess violation points against the owner’s driving license. But it also requires the owner to employ this tactic to cooperate with law enforcement to determine who was driving.

The same committee delayed action on another bill changing the process under which the Bureau of Motor Vehicles could suspend a driver’s license for not providing proof of insurance after a crash.

SCHOOL BUS SAFETY TIPS

The Indiana Criminal Justice Institute provides school bus safety information annually, including the most basic of tips for motorists:-

“Red flashing lights and extended stop arms indicate the bus has stopped and children are getting on or off. Motorists must stop their cars and wait until the red lights stop flashing, the extended stop-arm is withdrawn, and the bus begins moving before they can start driving again.”

INDIANA’S SAVE PROGRAM

The Indiana Criminal Justice Institute launched the Stop Arm Violation Enforcement (SAVE) Grant Program in 2019 to provide safe transportation routes for students in and from Indiana.

Grants are awarded to law enforcement agencies to conduct high visibility patrols targeting stop-arm violations, speeding, and reckless driving around school buses and school zones when children are present. Follow-up investigations utilizing on-board dash camera footage from school buses or other reported violations are also eligible activity and encouraged to deter stop-arm violations.