What defence could I have for failing for stop for a school bus?

Like every other charge in an Ontario court, the prosecutor must prove its case against you. This means they must prove that the school bus had its stop sign activated, the stop arm was actuated, the flashing lights or overhead red signal lights were visible and in use, the school bus passengers were children, and several other factors. If any of these elements are not proven by the prosecutor, an experienced legal representative will make an argument to have the ticket withdrawn. Other factors include weather, speed, driving record; all cases are unique.

What if I was given a ticket for failing to stop for a school bus in my mailbox?

If you received a ticket for failing to stop for a school bus in your mailbox, it is likely because the school bus driver observed your vehicle passing a school bus when the bus was stopped to let children off or on. In this situation, the bus driver records the license plate number and reports it to the police. Since it was not observed by a police officer, they will often mail or drop off the ticket at your house. If this is the case, you may only be issued a fine. It is important to note that you have the right to not incriminate yourself if a police officer knocks on your door to ask you about an incident involving your vehicle. If you provide the officer with information about the driver of the vehicle, you may be issued a ticket that includes demerit points and other serious consequences. It is always best to call our office if you have any questions or concerns about your school bus ticket. One of our experienced paralegals can determine what section of the Highway Traffic Act you are charged under and explain the penalties and engineer a defence. 

Are the consequences different for novice drivers?

The consequences for novice drivers are more severe. If you have a G1/G2 or M1/M2 and are convicted of a school bus offence, you will receive a 30-day license suspension. For subsequent offences, your license will be suspended for 90 days or may even be revoked. School bus tickets are considered major or serious violations and a conviction on a novice driver’s driving record will likely result in high-risk insurance rates. This means your current insurance rate could double or triple.

What does the law say about passing a school bus?

Section 175 of the Highway Traffic Act addresses school bus tickets as follows:

Duty of drivers when school bus stopped

(11) Every driver or streetcar operator, when meeting on a highway, other than a highway with a median strip, a stopped school bus that has its overhead red signal-lights flashing, shall stop before reaching the bus and shall not proceed until the bus moves or the overhead red signal-lights have stopped flashing. 2017, c. 26, Sched. 4, s. 21 (1).

(11.1) Every driver or streetcar operator, when meeting on a highway, other than a highway with a median strip, a stopped school bus that has its stop arm actuated, shall stop before reaching the bus and shall not proceed until the bus moves or the stop arm is no longer actuated. 2017, c. 26, Sched. 4, s. 21 (1).

(12) Every driver or streetcar operator on a highway, when approaching from the rear a stopped school bus that has its overhead red signal-lights flashing, shall stop and shall not proceed until the bus moves or the overhead red signal-lights have stopped flashing. 2017, c. 26, Sched. 4, s. 21 (1).

(12.1) Every driver or streetcar operator on a highway, when approaching from the rear a stopped school bus that has its stop arm actuated, shall stop and shall not proceed until the bus moves or the stop arm is no longer actuated. 2017, c. 26, Sched. 4, s. 21 (1).

(12.2) Every driver or streetcar operator on a highway, when approaching from the rear a stopped school bus that has its overhead red signal-lights flashing, or that has its stop arm actuated, shall stop at least 20 metres before reaching the bus. 2017, c. 26, Sched. 4, s. 21 (1).