Passing Stopped School Bus on School Property

Subject:

Requested By: Alan Leonard District Attorney Twenty-ninth Judicial District

Questions: (1)

: Does passing a stopped school bus displaying a mechanical stop signal while receiving or discharging passengers on a driveway on school property, which is not a street or highway, violate G.S. 20-217?
(2): Does passing a stopped school bus displaying a mechanical stop signal while receiving or discharging passengers on a public vehicular area violate G.S. 20-217?

Conclusion: (1)

: No.
(2): No.

Pleasant Gardens Elementary School in McDowell County is served by a semi-circular driveway, named "John Roach Drive", which leaves State Road #1430 (Pleasant Garden School Road) at one point, circles in front of the school and rejoins State Road #1430 at another point. John Roach Drive is entirely on school property, about the width of four school buses parked side by side, and is not a state-maintained road. John Roach Drive is marked at both ends with a sign that reads, "buses only". It is primarily used by school buses, which pull up to the front of the school, stop, display their mechanical stop signals and discharge the children onto the sidewalk leading into the school door. The buses are then parked around the drive. After all of the buses have arrived and are parked, a yellow barricade is usually placed across one entrance to the drive and remains there throughout the day until the afternoon when it is removed so that other vehicles can enter the driveway to pick up children after the buses have left the campus.

G.S.: 20-4.01 defines "highway" and "street" as follows:

"(13) Highway — The entire width between property or right-of-way lines of every way or place of whatever nature, when any part thereof is open to the use of the public as a matter of right for the purposes of vehicular traffic. The terms ‘highway’ and ‘street’ and their cognates are synonymous."

"(46) Street — A highway, as defined in subdivision (13). The terms ‘highway’ and ‘street’ and their cognates are synonymous."

G.S. 20-217 is a safety statute designed to prevent the passing of a school bus, displaying its mechanical stop signal while receiving or discharging passengers, by a motorist from either direction on the same street or highway for the purpose of assuring safe passageway of children or senior citizens across the street or highway or to a place of safety. The only exception is where the street or highway is divided into two roadways which are separated by an intervening space or a physical barrier and such roadway is not occupied by a school bus. G.S. 20-217(c).

Statutes creating criminal offenses must be strictly construed against the State and in favor of a defendant. State v. Ross, 272 NC 67, 157 SE 2d 712 (1967); State v. Hageman, 307 NC 1, 296 SE 2d 433 (1982); State v. Richardson, 307 NC 692, 300 SE 2d 379 (1983); State v. Glidden, 317 NC 557, 346 SE 2d 470 (1986).

By its clear wording, G.S. 20-217 applies only to streets and highways. Since John Roach Drive is not open to the public as a matter of right, it is not a street or highway as defined by G.S. 204.01(13) and, therefore, it is not within the purview of G.S. 20-217. Passing a stopped school bus displaying a mechanical stop signal while receiving or discharging passengers on John Roach Drive would not be a violation of G.S. 20-217. A "public vehicular area" is defined by G.S. 204.01(32) and includes any area that is generally open to and used by the public for vehicular traffic. While some of the motor vehicle laws apply to "public vehicular areas" (i.e. G.S. 20138.1; G.S. 20-140; G.S. 20-140.2) as well as streets and highways, G.S. 20-217 has no application to "public vehicular areas".

LACY H. THORNBURG Attorney General

William B. Ray Assistant Attorney General