Pupil Transportation Section ALABAMA DEPARTMENT OF EDUCATION Pupil Transportation Section

Signed by Gov. Bob Riley on April 5, 2006 ALABAMA’S NEW ILLEGAL PASSING LAW Act 2006-311 Signed by Gov. Bob Riley on April 5, 2006 The annual illegal passing survey conducted by the SDE and taken by school bus drivers across the state demonstrated the great need for new legislation. Thanks to Alabama school bus drivers and local school systems, Rep. Randy Davis and Sen. Ted Little took notice of this survey and did something about it. Along with other co-sponsors, they guided it through the Alabama Legislature. This new legislation does not go into effect until October 1, 2006. This presentation will provide information on Alabama’s new school bus illegal passing law and provide ideas to help inform people in local communities across Alabama. Effective October 1, 2006

“The driver of a vehicle upon meeting or overtaking from either direction any school bus which has stopped for the purpose of receiving or discharging any school children on a highway, on a roadway, on school property, or upon a private road shall bring the vehicle to a complete stop before reaching the school bus …” “The driver of a vehicle upon a divided highway having four or more lanes which permits at least two lanes of traffic to travel in opposite directions need not stop the vehicle upon meeting a school bus which is stopped in the opposing roadway …” This slide shows a major change in the law requiring motorists to stop for school buses that are loading and unloading students. Vehicles are still required to stop in virtually all situations as in the old law. However, on a divided four-lane highway a change has been made. This change makes Alabama’s law like most other states in the Southeast. This bill also allows police enforcement agencies to write citations on school property and private property. See the SDE website (pupil transportation section) for the entire law. “Divided Highway” is defined as a roadway where opposing lanes are divided in order to impede traffic traveling in one direction from crossing over into the opposing lane(s). This includes grass medians, concrete barriers, guardrails, etc.

ABOUT THE LAW Increases Penalties Establishes Minimum Fine Traffic not required to stop on divided four-lane highway Tag Number – Inference of Violation 90% of fines to enforcement agency Some of what the law’s impact will have on society. Penalties and fines are found elsewhere in this presentation.

Loading/Unloading Fatalities As of April 5, 2006 Increase in Student Fatalities Alabama - 4 since 1998 Nationally - 6 in 2004-05 Loading/Unloading Fatalities As of April 5, 2006 Mobile County 8-year-old boy September 20, 2005 Dekalb County 6-year-old girl October 31, 2001 Auburn City 5-year-old girl May 5, 2000 Lawrence County 7-year-old boy Dec. 17, 1998 Loading/unloading fatalities in Alabama since 1998. Reasons for seeking new legislation. Increase in Illegal Passings Enforcement Difficulties Inconsistent Penalties

Illegal Passing Survey (State)   Illegal Passing Survey (State) 2001 2002 2003 2004 2005 Illegal Passings 1996 1778 1959 1746 1862 Afternoon 55% 54% 52% 53% 55%  1 - 5 Students 68% 63% 71% 73% 72%  Passed - Front 80% 81% 83% 83%  Passed - Left 94% 97% 95% 97%  Cars 72% 69% 68%  Light Truck/Van 22% 27% 25% 27%  Two Lane Roads 70% 64% 62% 66%  4 Lanes or More 23% 28% 35% 32%  The annual illegal passing survey conducted by the SDE and taken by school bus drivers across the state demonstrated the great need for new legislation. This survey is usually taken on the second Wednesday of November.

TWO-LANE ROADWAY When school bus stops for passengers, all traffic from both directions must stop! This will not change. Traffic in both lanes will have to stop.

An example of a two lane roadway.

FOUR-LANE ROADWAY WITHOUT A MEDIAN SEPARATION When school bus stops for passengers, all traffic from both directions must stop! This will not change. All lanes will have to stop. This is not a four lane divided highway.

[An example of a four lane undivided highway.] Would traffic have to stop if a school bus was stopped and loading/unloading in the opposing lanes? [Yes] Would traffic have to stop if a school bus was stopped and loading/unloading in the same direction? [Yes]

ROADWAY OF FOUR LANES OR MORE WITH A CENTER TURNING LANE When school bus stops for passengers, all traffic from both directions must stop! This is also an undivided four lane highway. Even though there is a turning lane, it does not impede traffic. All lanes will have to stop.

[Example of four lane highway with a turning lane.] Supervisors may also want to identify other variables that may create unsafe situations. Even though all four lanes of traffic must stop while a school bus is loading/unloading, the hill presents an additional hazard. It is recommended that students not cross this four lane for loading/unloading even though all lanes of traffic must stop.

TWO-LANE ROADWAY WITH A CENTER TURNING LANE When school bus stops for passengers, all traffic from both directions must stop! This will not change. All traffic must stop.

DIVIDED HIGHWAY OF FOUR LANES OR MORE WITH A MEDIAN SEPARATION When school bus stops for passengers, only traffic following the bus must stop! This is a four lane divided highway. Traffic in the opposing lanes will not have to stop. Be sure school bus drivers are loading/unloading in the far right lane and not in an intersection or where there is a turning lane. This is the biggest change from the old law with respect to traffic flow.

[Example of a four lane divided highway.] Would this vehicle have to stop if a school bus was stopped and loading/unloading in the opposing lanes? [No] Would this vehicle have to stop if a school bus was stopped and loading/unloading in the same direction? [Yes]

[Another example of a divided four lane highway.] Would traffic have to stop if a school bus was stopped and loading/unloading in the opposing lanes? [No] Would traffic have to stop if a school bus was stopped and loading/unloading in the same direction? [Yes]

This sign is normally found on roadways that are less than four lanes This sign is normally found on roadways that are less than four lanes. The roadway may be a U.S. highway, state highway, or a county road. All lanes of traffic are required to stop regardless of the direction they are traveling and the direction the school bus is traveling.

These signs should be no longer be found on divided four-lane highways These signs should be no longer be found on divided four-lane highways. They will continue to be found on other multilane situations. New signs may be needed for divided four-lane highways. These decisions and actions will be addressed by the Department of Transportation. In this instance, the roadway is a divided so traffic traveling in the opposite direction from the school bus will not have to stop.

Supervisors and school bus drivers need to assess all stops in their school system to identify “problem” areas as depicted here and make decisions as how to approach loading/unloading. In this particular situation the highway is divided, but changes to undivided. A grass median meets the “impediment” definition, but the turning lane does not. The danger here is that, within a very short distance, the road changes from a situation where all traffic is required to stop to a situation where the traffic in the opposing lanes does not have to stop. Again, it is strongly recommended that students not be required to cross the four-lane highways to load or unload. Many school systems have already eliminated stops where students would have to cross highways of four or more lanes.

PENALTIES FOR ILLEGALLY PASSING A STOPPED SCHOOL BUS This new law strongly addresses the penalties for illegally passing a school bus. The new law is clear on the consequences of running a school bus stop sign! Fines and penalties are now consistent across the State and a minimum fine has been established. These uniform penalties will provide direction to judges as they help enforce the law.

WHERE DO WE GO FROM HERE? What needs to be done before October 1, 2006 and thereafter? Much will need to be done to inform everyone who could be affected. This includes students, bus drivers, parents, teachers, supervisors, law enforcement personnel, local and state highway departments, and many, many others including the general public.

PUBLIC AWARENESS This is critical. What can local school systems, transportation supervisors, and school bus drivers do to help educate the public? The SDE Pupil Transportation Section has developed and disseminated documents including a flyer on the new law and safety brochure. Both of these documents are found later in this presentation.

SCHOOL BUS STOP LAW FLYER This flyer can be downloaded from the SDE website and copied for distribution. This flyer should be distributed as widely as possible in local communities. They can be distributed through churches, civic clubs, PTAs and PTOs, doctor’s and dentist’s offices, enforcement agencies, public buildings and offices, the media, etc. Some local newspapers may be willing to publish it in the paper or include it as an insert. Schools could also send them home to parents.

SCHOOL BUS SAFETY BROCHURE These brochures are available from the SDE for distribution to parent and other adult groups such as PTO/PTA, church groups, local professional organizations, civic clubs, etc. However, due to limited numbers, they are not available from the SDE for schools to send home with students. This brochure may be downloaded from the SDE website and sent home to parents, posted on school bulletin boards, or for other uses. Additionally, this brochure was developed as a school bus safety discussion guide for parents or other adults to use with children.

STUDENT TRAINING LEA’s must educate schoolchildren about the new legislation and how it will affect traffic. Even high school students need to know, especially those that drive. School bus drivers need to begin re-training their students and reiterate the importance of students waiting for permission (safe-load/unload signal) from the driver before loading/unloading. The primary job of school system transportation programs is the safety of students. The reduction of illegal school bus passings will help protect the safety of student loading and unloading school buses in Alabama. However, students must be informed so they can do their part.

DRIVER TRAINING As it has been in the past, school bus drivers are the key to student safety on and around school buses. School bus drivers will need inservice on the new legislation. SDE school bus driver instructors will begin discussing the law in recertification classes as well as teaching it in new driver classes. Changes regarding the requirements of the new law have already been made to SDE training documents. Local training documents and procedures may also need to be reviewed and changed.

ROUTE/STOP ASSESSMENT Supervisors and school bus drivers will need to assess every stop on every route to determine if hazardous conditions exist. This will be an ongoing process and frequent changes may be necessary due to road construction and other conditions. Again, student safety is our number one priority!

COMMUNICATION WITH OTHER AGENCIES The SDE is working with state level agencies, but LEA’s may need to communicate with local highway and law enforcement agencies to discuss local issues. It will be particularly important that local system transportation supervisors and others meet with local law enforcement agencies regarding enforcement of the new law in their cities and counties.

WHAT ARE YOUR THOUGHTS? ? ? ? Question and answer period.

joel@alsde.edu bholley@alsde.edu FOR MORE INFORMATION Joe Lightsey, Director or Brad Holley, State Field Specialist Alabama Department of Education Pupil Transportation Section Montgomery, Alabama 36130 334-242-9730 joel@alsde.edu bholley@alsde.edu Visit our website at www.alsde.edu

ALABAMA DEPARTMENT OF EDUCATION www.alsde.edu