Transportation Code § 545.066 – Passing Certain Vehicles (Move-Over/Slow-Down Law)

Table of Contents

• Code Details
• Exact Statute Text
• Transportation Code § 545.066 Summary
• Purpose of Transportation Code § 545.066
• Real-World Example of Transportation Code § 545.066
• Related Statutes
• Case Law Interpreting Transportation Code § 545.066
• Why Transportation Code § 545.066 Matters in Personal Injury Litigation

Code Details

TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE C. RULES OF THE ROAD

CHAPTER 545. OPERATION AND MOVEMENT OF VEHICLES

Exact Statute Text

Click to view the complete statute text

PASSING A SCHOOL BUS; OFFENSE. (a) An operator on a highway, when approaching from either direction a school bus stopped on the highway to receive or discharge a student:

(1) shall stop before reaching the school bus when the bus is operating a visual signal as required by Section 547.701; and

(2) may not proceed until:

(A) the school bus resumes motion;

(B) the operator is signaled by the bus driver to proceed; or

(C) the visual signal is no longer actuated.

(b) An operator on a highway having separate roadways is not required to stop:

(1) for a school bus that is on a different roadway; or

(2) if on a controlled-access highway, for a school bus that is stopped:

(A) in a loading zone that is a part of or adjacent to the highway; and

(B) where pedestrians are not permitted to cross the roadway.

(c) An offense under this section is a misdemeanor punishable by a fine of not less than $500 or more than $1,250, except that the offense is:

(1) a misdemeanor punishable by a fine of not less than $1,000 or more than $2,000 if the person is convicted of a second or subsequent offense under this section committed within five years of the date on which the most recent preceding offense was committed;

(2) a Class A misdemeanor if the person causes serious bodily injury to another; or

(3) a state jail felony if the person has been previously convicted under Subdivision (2).

(d) The court may order that the driver’s license of a person convicted of a second or subsequent offense under this section be suspended for not longer than six months beginning on the date of conviction. In this subsection, “driver’s license” has the meaning assigned by Chapter 521.

(e) If a person does not pay the previously assessed fine or costs on a conviction under this section, or is determined by the court to have insufficient resources or income to pay a fine or costs on a conviction under this section, the court may order the person to perform community service. The court shall set the number of hours of service under this subsection.

(f) For the purposes of this section:

(1) a highway is considered to have separate roadways only if the highway has roadways separated by an intervening space on which operation of vehicles is not permitted, a physical barrier, or a clearly indicated dividing section constructed to impede vehicular traffic; and

(2) a highway is not considered to have separate roadways if the highway has roadways separated only by a left turn lane.

Transportation Code § 545.066 Summary

Texas Transportation Code § 545.066 outlines the legal requirements for drivers encountering a stopped school bus on a highway. This statute mandates that an operator approaching a school bus from either direction must stop before reaching the bus if it is displaying its visual signals (flashing red lights and stop sign arm) for receiving or discharging students. Drivers are prohibited from proceeding until the bus moves, the bus driver signals them to go, or the visual signals are turned off.

There are specific exceptions to this stopping requirement. Drivers on highways with separate roadways are not required to stop for a bus on a different roadway. Additionally, on a controlled-access highway, drivers do not need to stop for a school bus if it is stopped in a designated loading zone where pedestrians are not permitted to cross the roadway. The statute clarifies that “separate roadways” means those divided by an intervening space, physical barrier, or a clearly indicated dividing section meant to impede traffic, explicitly excluding left turn lanes as constituting separate roadways.

Violating this law is a misdemeanor offense, carrying a fine between $500 and $1,250 for a first offense. Penalties increase significantly for repeat offenses within five years, ranging from $1,000 to $2,000, and can become a Class A misdemeanor if serious bodily injury is caused, or a state jail felony if the driver has a previous conviction for causing serious bodily injury. Courts may also suspend a driver’s license for up to six months for repeat offenders and can order community service if fines or costs cannot be paid.

Purpose of Transportation Code § 545.066

The legislative intent behind this section of the Texas Transportation Code is paramount: to protect children. School buses are critical for transporting students, and their stops are inherently vulnerable moments when children are entering or exiting the bus and may be crossing the road. This law aims to create a safe zone around stopped school buses, significantly reducing the risk of accidents, injuries, and fatalities involving students. By requiring all approaching traffic to stop, the statute ensures that drivers exercise extreme caution and yield right-of-way, preventing potential collisions with children who may dart out unexpectedly or be obscured from view. It underscores the community’s commitment to child safety on public roadways and serves as a strong deterrent against reckless driving behavior near school buses.

Real-World Example of Transportation Code § 545.066

Imagine a typical weekday afternoon in a suburban Texas neighborhood. A bright yellow school bus, traveling along a two-lane road without a median, activates its flashing red lights and extends its stop sign arm as it pulls over to drop off elementary school students. A car approaching the bus from the opposite direction, driven by a distracted individual named Mark, sees the bus but assumes he doesn’t need to stop because the bus is on the other side of the road. Mark continues driving, passing the bus just as a child steps off and begins to cross in front of the bus to reach their home. Although no one is hit, Mark’s actions are a clear violation of Transportation Code § 545.066 because the road does not have “separate roadways” as defined by the statute (i.e., it lacks a physical barrier or wide median). Mark would likely be pulled over by law enforcement, issued a citation, and face the standard misdemeanor fine for failing to stop for a school bus. If a child had been injured, the penalties would have been far more severe.

Related Statutes

• Transportation Code § 547.701 – Additional Lighting Equipment for School Buses: This statute specifies the requirements for the visual signals (flashing lights and stop sign arm) that school buses must operate when stopping to receive or discharge students, which is directly referenced in § 545.066(a)(1). Understanding 547.701 clarifies when a driver’s obligation to stop under 545.066 is triggered.
• Transportation Code Chapter 521 – Driver’s Licenses and Certificates: This chapter defines “driver’s license” for the purpose of the state’s driving laws, which is relevant to § 545.066(d) concerning the suspension of a driver’s license for repeat offenders.
• Penal Code § 22.04 – Injury to a Child, Elderly Individual, or Disabled Individual: While not directly cited in § 545.066, if a driver’s failure to stop for a school bus results in serious bodily injury to a child, more severe criminal charges under the Texas Penal Code, such as Injury to a Child, could potentially be pursued in addition to or instead of the enhanced penalties under Transportation Code § 545.066(c)(2) or (3).
• Transportation Code § 545.157 – Passing Certain Vehicles: This is the broader “Move Over or Slow Down” law, requiring drivers to move over or slow down for stopped emergency vehicles, tow trucks, and other specified service vehicles. While distinct from the school bus law, both statutes share the common goal of protecting individuals on the roadside and emphasize driver responsibility in vulnerable situations.

Case Law Interpreting Transportation Code § 545.066

Due to the relatively straightforward language and clear directives of Transportation Code § 545.066, appellate case law specifically interpreting subtle nuances of this statute is not as extensive as with more complex legal provisions. However, courts have addressed its application in various contexts, particularly concerning the definition of “separate roadways” and the circumstances triggering the stopping requirement.

One example where a court addressed a key definitional aspect of the statute is *State v. Kight*, 2004 WL 1632734 (Tex. App.—Waco July 21, 2004, no pet.). Although this case involved a prior version of the statute, it addressed whether a concrete median created “separate roadways” under the law, illustrating the type of factual inquiry courts engage in when applying this section. The court reversed a trial court’s order suppressing evidence, finding that the concrete median at issue did not, as a matter of law, create “separate roadways” that would relieve the driver of the duty to stop for a school bus. This type of analysis helps clarify the practical application of the exceptions outlined in subsection (b) and (f) of the statute.

Case law tends to focus on the factual determination of whether a violation occurred and the proper application of penalties rather than deep statutory interpretation. Many cases cite this statute in the context of traffic violations or when discussing the duty of care in negligence claims.

Why Transportation Code § 545.066 Matters in Personal Injury Litigation

Transportation Code § 545.066 plays a critical role in Texas personal injury litigation, especially in cases involving accidents with school buses or children crossing the road near a bus stop. A violation of this statute can significantly impact the determination of fault and liability.

• Negligence Per Se: In Texas, the unexcused violation of a safety statute, like Transportation Code § 545.066, can be considered “negligence per se.” This means that the act of violating the statute is, by itself, evidence of negligence. If a driver fails to stop for a school bus displaying its visual signals and, as a direct result, causes injury to a child or another person, the injured party (the plaintiff) may argue that the driver was negligent as a matter of law. This simplifies the plaintiff’s burden of proof regarding the driver’s duty and breach of that duty, shifting the focus to causation and damages.
• Establishing Causation and Damages: For plaintiffs, demonstrating that a defendant violated this law strengthens the case for causation – showing that the defendant’s illegal actions directly led to the injuries. This can lead to compensation for medical expenses, lost wages, pain and suffering, and other damages.
• Defense Arguments: For defendants, understanding the nuances of the statute is crucial. They might argue that one of the exceptions applied (e.g., separate roadways, controlled-access highway with a specific loading zone) or that the school bus’s visual signals were not properly actuated. However, these defenses often require specific factual evidence to overcome the clear requirements of the statute.
• Increased Duty of Care: The existence of a specific law designed to protect children around school buses highlights the heightened duty of care expected of drivers in these situations. Juries are often swayed by evidence of a driver ignoring such a fundamental safety measure, making it more challenging for defendants to argue against liability.
• Enhances Settlement Value: When a clear violation of Transportation Code § 545.066 leads to injury, it often increases the settlement value of a personal injury claim because the liability aspect is more straightforward and less open to dispute.

For both legal professionals and general readers, understanding this statute is not just about avoiding a traffic ticket; it’s about recognizing the severe legal and personal consequences that can arise from disregarding a law designed to safeguard the most vulnerable members of our community: children.