NY Traffic Points and Penalties
Passing Stopped School Bus
(a) The driver of a vehicle upon a public highway, street or private road upon meeting or overtaking from either direction any school bus marked and equipped as provided in § 375(20) which has stopped on the public highway, street or private road for the purpose of receiving or discharging any passengers, or which has stopped because a school bus in front of it has stopped to receive or discharge any passengers, shall stop the vehicle before reaching such school bus when there is in operation on said school bus a red visual signal as specified in § 375(20) and said driver shall not proceed until such school bus resumes motion, or until signaled by the driver or a police officer to proceed.
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(c) Every person convicted of a violation of § 1174(a) shall: for a
- first conviction thereof, be punished by a fine of $250 to $400 or by imprisonment for not more than 30 days or by both such fine and imprisonment; for a conviction of a
- second violation, both of which were committed within a period of three years, such person shall be punished by a fine of $600 to $750 or by imprisonment for not more than 180 days or by both such fine and imprisonment; upon a conviction of a
- third or subsequent violation, all of which were committed within a period of three years, such person shall be punished by a fine of $750 to $1,000 or by imprisonment for not more than 180 days or by both such fine and imprisonment.
It is a traffic infraction for any person to violate any of the provisions of the VTL … unless such violation is by the VTL or other law of New York declared to be a misdemeanor or felony.
(1)(c) Whenever proceedings in an administrative tribunal or a court of New York result in a conviction for an offense … or a traffic infraction under the VTL…, there shall be levied a crime victim assistance fee in the amount of $5 and a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of $55.
(9) Notwithstanding the provisions of § 1809(1), in the event a proceeding is in a town or village court, the court shall add an additional $5 to the surcharges imposed by § 1809(1).
Notwithstanding any other provision of law, whenever proceedings in a court or an administrative tribunal of New York result in a conviction for an offense … or for a traffic infraction under the VTL, … there shall be levied in addition to any sentence, penalty or other surcharge required or permitted by law, an additional surcharge of $28.
The following violations shall be assigned a point value of five points:
(ii) any violation involving overtaking or passing a stopped school bus[.]
Such licenses [as defined in § 510(1)] shall be revoked and such registrations may also be revoked where the holder is convicted:
(viii) of a third violation, committed within a period of three years, of any provision of § 1174(a)[.]
Last verified: 2018-03-31