{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-844.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-844.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-844.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-844.html"}],"law_id":69210,"edition_id":1,"section_id":69210,"structure_id":14283,"section_number":"46.2-844","catch_line":"Passing stopped school buses; prima facie evidence; penalty","history":"1985, c. 511, \u00a7 46.1-212.1; 1987, c. 106; 1989, c. 727; 1997, cc. 622, 800, 908; 2001, c. 126; 2002, c. 541; 2011, cc. 787, 838; 2016, cc. 637, 700; 2019, cc. 543, 544; 2020, c. 783; 2023, cc. 148, 149, 382, 401, 402; 2024, c. 221.","full_text":"A\n\nThe driver of a motor vehicle approaching from any direction a clearly marked school bus that is stopped on any highway, private road, or school driveway for the purpose of taking on or discharging children, elderly individuals, or individuals with mental or physical disabilities, who, in violation of § 46.2-859, fails to stop and remain stopped until all such individuals are clear of the highway, private road, or school driveway and the bus is put in motion is subject to a civil penalty of $250, and any prosecution shall be instituted and conducted in the same manner as prosecutions for traffic infractions.\n\t\t\tA prosecution or proceeding under § 46.2-859 is a bar to a prosecution or proceeding under this section for the same act, and a prosecution or proceeding under this section is a bar to a prosecution or proceeding under § 46.2-859 for the same act.\n\t\t\tIn any prosecution for which a summons charging a violation of this section was issued within 30 business days of the alleged violation, proof that the motor vehicle described in the summons was operated in violation of this section, together with proof that the defendant was at the time of such violation the registered owner of the vehicle, as required by Chapter 6 (§ 46.2-600 et seq.) shall give rise to a rebuttable presumption that the registered owner of the vehicle was the person who operated the vehicle at the place where, and for the time during which, the violation occurred. Such presumption shall be rebutted if (i) the owner of the vehicle files an affidavit by regular mail with the clerk of the general district court that he was not the operator of the vehicle at the time of the alleged violation, (ii) the owner testifies in open court under oath that he was not the operator of the vehicle at the time of the alleged violation, or (iii) a certified copy of a police report showing that the vehicle had been reported to the police as stolen prior to the time of the alleged violation of this section is presented prior to the return date established on the summons issued pursuant to this section to the court adjudicating the alleged violation. Nothing herein shall limit the admission of otherwise admissible evidence.\n\t\t\tThe testimony of the school bus driver, the supervisor of school buses, or a law-enforcement officer that the vehicle was yellow, conspicuously marked as a school bus, and equipped with warning devices as prescribed in § 46.2-1090 is prima facie evidence that the vehicle is a school bus.\n\t\t\tRecorded images from a video-monitoring system that show the bus was stopped with at least one warning device prescribed in § 46.2-1090 activated shall be considered prima facie evidence that the bus was stopped for the purpose of taking on or discharging children, elderly individuals, or individuals with mental or physical disabilities.B\n\n1. For purposes of this section, “video-monitoring system” means a system with one or more camera sensors and computers installed and operated on a school bus that produces live digital and recorded video of motor vehicles being operated in violation of \u00a7 46.2-859. All such systems installed shall, at a minimum, produce a recorded image of the license plate and shall record the activation status of at least one warning device as prescribed in \u00a7 46.2-1090 and the time, date, and location of the vehicle when the image is recorded.2\n\nA locality may, by ordinance, authorize the school division of the locality to install and operate a video-monitoring system in or on the school buses operated by the division or to contract with a private vendor to do so on behalf of the school division for the purpose of recording violations of subsection A. Such ordinance may direct that any civil penalty levied for a violation of subsection A shall be payable to the local school division. In any locality that has adopted such an ordinance, a summons for a violation of subsection A may be executed as provided in § 19.2-76.2 and, notwithstanding the provisions of § 19.2-76, the summons may be executed by mailing by first-class mail a copy thereof to the address of the owner of the vehicle contained in the records of the Department. Every such mailing shall include, in addition to the summons, a notice of (i) the summoned person’s ability to rebut the presumption that he was the operator of the vehicle at the time of the alleged violation through the filing of an affidavit as provided in subsection A and (ii) instructions for filing such an affidavit, including the address to which the affidavit is to be sent. If the summoned person fails to appear on the date of return set out in the summons mailed pursuant to this section, the summons shall be executed in the manner set out in § 19.2-76.3. No proceedings for contempt or arrest of a person summoned by mailing shall be instituted for failure to appear on the return date of the summons. Any summons executed for violation of this section shall provide to the person summoned at least 30 business days from the mailing of the summons to inspect information collected by a video-monitoring system in connection with the violation.3\n\nAny private vendor contracting with a school division pursuant to this subsection may impose and collect an administrative fee in addition to the civil penalty imposed for a violation of subsection A and payable pursuant to this subsection, so as to recover the expenses of collecting any unpaid civil penalty when such penalty remains due more than 30 days after the date of the mailing of the summons and notice. The administrative fee shall be reasonably related to the actual cost of collecting the civil penalty and shall not exceed $100 per violation. The operator of the vehicle shall pay the unpaid civil penalty and any administrative fee detailed in a notice or citation issued by the private vendor. If paid no later than 60 days after the date of the mailing of the summons and notice, the administrative fee shall not exceed $25. No contract entered into pursuant to this subsection shall require a minimum quota of violations captured or citations issued in order for the video-monitoring system to be deployed.4\n\nAny private vendor contracting with a school division pursuant to this subsection may enter into an agreement with the Department of Motor Vehicles, in accordance with the provisions of subdivision B 30 of § 46.2-208, to obtain vehicle owner information regarding the registered owners of vehicles that improperly pass stopped school buses. Information provided to such private vendor shall be protected in a database with security comparable to that of the Department of Motor Vehicles’ system and used only for enforcement against individuals who violate the provisions of this section. The school division shall annually certify compliance with this subdivision and make all records pertaining to such system available for inspection and audit by the Commissioner of Highways or the Commissioner of the Department of Motor Vehicles or their designee. Any person who discloses personal information in violation of the provisions of this subdivision shall be subject to a civil penalty of $1,000 per disclosure. Any unauthorized use or disclosure of such personal information shall be grounds for termination of the agreement between the Department of Motor Vehicles and the private vendor.","order_by":null,"text":{"0":{"id":250417,"text":"The driver of a motor vehicle approaching from any direction a clearly marked school bus that is stopped on any highway, private road, or school driveway for the purpose of taking on or discharging children, elderly individuals, or individuals with mental or physical disabilities, who, in violation of § 46.2-859, fails to stop and remain stopped until all such individuals are clear of the highway, private road, or school driveway and the bus is put in motion is subject to a civil penalty of $250, and any prosecution shall be instituted and conducted in the same manner as prosecutions for traffic infractions.\n\t\t\tA prosecution or proceeding under § 46.2-859 is a bar to a prosecution or proceeding under this section for the same act, and a prosecution or proceeding under this section is a bar to a prosecution or proceeding under § 46.2-859 for the same act.\n\t\t\tIn any prosecution for which a summons charging a violation of this section was issued within 30 business days of the alleged violation, proof that the motor vehicle described in the summons was operated in violation of this section, together with proof that the defendant was at the time of such violation the registered owner of the vehicle, as required by Chapter 6 (§ 46.2-600 et seq.) shall give rise to a rebuttable presumption that the registered owner of the vehicle was the person who operated the vehicle at the place where, and for the time during which, the violation occurred. Such presumption shall be rebutted if (i) the owner of the vehicle files an affidavit by regular mail with the clerk of the general district court that he was not the operator of the vehicle at the time of the alleged violation, (ii) the owner testifies in open court under oath that he was not the operator of the vehicle at the time of the alleged violation, or (iii) a certified copy of a police report showing that the vehicle had been reported to the police as stolen prior to the time of the alleged violation of this section is presented prior to the return date established on the summons issued pursuant to this section to the court adjudicating the alleged violation. Nothing herein shall limit the admission of otherwise admissible evidence.\n\t\t\tThe testimony of the school bus driver, the supervisor of school buses, or a law-enforcement officer that the vehicle was yellow, conspicuously marked as a school bus, and equipped with warning devices as prescribed in § 46.2-1090 is prima facie evidence that the vehicle is a school bus.\n\t\t\tRecorded images from a video-monitoring system that show the bus was stopped with at least one warning device prescribed in § 46.2-1090 activated shall be considered prima facie evidence that the bus was stopped for the purpose of taking on or discharging children, elderly individuals, or individuals with mental or physical disabilities.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":250418,"text":"1. For purposes of this section, “video-monitoring system” means a system with one or more camera sensors and computers installed and operated on a school bus that produces live digital and recorded video of motor vehicles being operated in violation of \u00a7 46.2-859. All such systems installed shall, at a minimum, produce a recorded image of the license plate and shall record the activation status of at least one warning device as prescribed in \u00a7 46.2-1090 and the time, date, and location of the vehicle when the image is recorded.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B2"},"2":{"id":250419,"text":"A locality may, by ordinance, authorize the school division of the locality to install and operate a video-monitoring system in or on the school buses operated by the division or to contract with a private vendor to do so on behalf of the school division for the purpose of recording violations of subsection A. Such ordinance may direct that any civil penalty levied for a violation of subsection A shall be payable to the local school division. In any locality that has adopted such an ordinance, a summons for a violation of subsection A may be executed as provided in § 19.2-76.2 and, notwithstanding the provisions of § 19.2-76, the summons may be executed by mailing by first-class mail a copy thereof to the address of the owner of the vehicle contained in the records of the Department. Every such mailing shall include, in addition to the summons, a notice of (i) the summoned person’s ability to rebut the presumption that he was the operator of the vehicle at the time of the alleged violation through the filing of an affidavit as provided in subsection A and (ii) instructions for filing such an affidavit, including the address to which the affidavit is to be sent. If the summoned person fails to appear on the date of return set out in the summons mailed pursuant to this section, the summons shall be executed in the manner set out in § 19.2-76.3. No proceedings for contempt or arrest of a person summoned by mailing shall be instituted for failure to appear on the return date of the summons. Any summons executed for violation of this section shall provide to the person summoned at least 30 business days from the mailing of the summons to inspect information collected by a video-monitoring system in connection with the violation.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B","next_prefix":"B3"},"3":{"id":250420,"text":"Any private vendor contracting with a school division pursuant to this subsection may impose and collect an administrative fee in addition to the civil penalty imposed for a violation of subsection A and payable pursuant to this subsection, so as to recover the expenses of collecting any unpaid civil penalty when such penalty remains due more than 30 days after the date of the mailing of the summons and notice. The administrative fee shall be reasonably related to the actual cost of collecting the civil penalty and shall not exceed $100 per violation. The operator of the vehicle shall pay the unpaid civil penalty and any administrative fee detailed in a notice or citation issued by the private vendor. If paid no later than 60 days after the date of the mailing of the summons and notice, the administrative fee shall not exceed $25. No contract entered into pursuant to this subsection shall require a minimum quota of violations captured or citations issued in order for the video-monitoring system to be deployed.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"4":{"id":250421,"text":"Any private vendor contracting with a school division pursuant to this subsection may enter into an agreement with the Department of Motor Vehicles, in accordance with the provisions of subdivision B 30 of § 46.2-208, to obtain vehicle owner information regarding the registered owners of vehicles that improperly pass stopped school buses. Information provided to such private vendor shall be protected in a database with security comparable to that of the Department of Motor Vehicles’ system and used only for enforcement against individuals who violate the provisions of this section. The school division shall annually certify compliance with this subdivision and make all records pertaining to such system available for inspection and audit by the Commissioner of Highways or the Commissioner of the Department of Motor Vehicles or their designee. Any person who discloses personal information in violation of the provisions of this subdivision shall be subject to a civil penalty of $1,000 per disclosure. Any unauthorized use or disclosure of such personal information shall be grounds for termination of the agreement between the Department of Motor Vehicles and the private vendor.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3"}},"ancestry":[{"id":14283,"edition_id":1,"name":"Passing","identifier":"4","label":"article","depth":4,"order_by":1,"parent_id":12875,"metadata":{},"date_created":"2026-06-26 03:47:36","date_modified":"2026-06-26 03:47:36","permalink":{"id":230801,"object_type":"structure","relational_id":14283,"identifier":"4","token":"46.2\/III\/8\/4","url":"\/46.2\/III\/8\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12875,"edition_id":1,"name":"Regulation of Traffic","identifier":"8","label":"chapter","depth":3,"order_by":1,"parent_id":12827,"metadata":{},"date_created":"2026-06-26 03:43:58","date_modified":"2026-06-26 03:43:58","permalink":{"id":230189,"object_type":"structure","relational_id":12875,"identifier":"8","token":"46.2\/III\/8","url":"\/46.2\/III\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12827,"edition_id":1,"name":"Operation","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":228597,"object_type":"structure","relational_id":12827,"identifier":"III","token":"46.2\/III","url":"\/46.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12770,"edition_id":1,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225289,"object_type":"structure","relational_id":12770,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":66732,"structure_id":14283,"section_number":"46.2-837","catch_line":"Passing vehicles proceeding in opposite directions","url":"\/46.2-837\/","token":"46.2\/III\/8\/4\/46.2-837","metadata":false},{"id":55642,"structure_id":14283,"section_number":"46.2-838","catch_line":"Passing when overtaking a vehicle","url":"\/46.2-838\/","token":"46.2\/III\/8\/4\/46.2-838","metadata":false},{"id":76605,"structure_id":14283,"section_number":"46.2-839","catch_line":"Passing bicycle, electric personal assistive mobility device, electric power-assisted bicycle, moped, animal, or animal-drawn vehicle","url":"\/46.2-839\/","token":"46.2\/III\/8\/4\/46.2-839","metadata":false},{"id":63992,"structure_id":14283,"section_number":"46.2-840","catch_line":"Repealed","url":"\/46.2-840\/","token":"46.2\/III\/8\/4\/46.2-840","metadata":false},{"id":57236,"structure_id":14283,"section_number":"46.2-841","catch_line":"When overtaking vehicle may pass on right","url":"\/46.2-841\/","token":"46.2\/III\/8\/4\/46.2-841","metadata":false},{"id":55552,"structure_id":14283,"section_number":"46.2-842","catch_line":"Driver to give way to overtaking vehicle","url":"\/46.2-842\/","token":"46.2\/III\/8\/4\/46.2-842","metadata":false},{"id":81994,"structure_id":14283,"section_number":"46.2-842.1","catch_line":"Drivers to give way to certain overtaking vehicles on divided highways","url":"\/46.2-842.1\/","token":"46.2\/III\/8\/4\/46.2-842.1","metadata":false},{"id":67851,"structure_id":14283,"section_number":"46.2-843","catch_line":"Limitations on overtaking and passing","url":"\/46.2-843\/","token":"46.2\/III\/8\/4\/46.2-843","metadata":false},{"id":69210,"structure_id":14283,"section_number":"46.2-844","catch_line":"Passing stopped school buses; prima facie evidence; penalty","url":"\/46.2-844\/","token":"46.2\/III\/8\/4\/46.2-844","metadata":false}],"previous_section":{"id":67851,"structure_id":14283,"section_number":"46.2-843","catch_line":"Limitations on overtaking and passing","url":"\/46.2-843\/","token":"46.2\/III\/8\/4\/46.2-843","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-844\/","history_text":"

This law was first created in 1985. The record of its establishment is cataloged in chapter 511 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1985 \u201cActs\u201d aren\u2019t available online. It has been modified 11 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1987, chapter 106; in 1989, chapter 727; in 1997, chapters 622<\/a>, 800<\/a>, and 908<\/a>; in 2001, chapter 126<\/a>; in 2002, chapter 541<\/a>; in 2011, chapters 787<\/a> and 838<\/a>; in 2016, chapters 637<\/a> and 700<\/a>; in 2019, chapters 543<\/a> and 544<\/a>; in 2020, chapter 783<\/a>; in 2023, chapters 148<\/a>, 149<\/a>, 382<\/a>, 401<\/a>, and 402<\/a>; in 2024, chapter 221<\/a>.<\/p>","references":[{"id":86357,"section_number":"46.2-1090","catch_line":"Warning devices on school buses; other buses; use thereof; penalties","order_by":null,"url":"\/46.2-1090\/"},{"id":57127,"section_number":"46.2-1090.1","catch_line":"Warning lights on school buses","order_by":null,"url":"\/46.2-1090.1\/"},{"id":59691,"section_number":"46.2-208","catch_line":"Records of Department; when open for inspection; release of privileged information","order_by":null,"url":"\/46.2-208\/"}],"refers_to":[{"id":80529,"section_number":"19.2-76","catch_line":"Execution and return of warrant, capias or summons; arrest outside county or city where charge is to be tried","order_by":null,"url":"\/19.2-76\/"},{"id":66460,"section_number":"19.2-76.2","catch_line":"Mailing of summons in certain cases","order_by":null,"url":"\/19.2-76.2\/"},{"id":83631,"section_number":"19.2-76.3","catch_line":"Failure to appear on return date for summons issued under \u00a7 19.2-76.2","order_by":null,"url":"\/19.2-76.3\/"},{"id":86357,"section_number":"46.2-1090","catch_line":"Warning devices on school buses; other buses; use thereof; penalties","order_by":null,"url":"\/46.2-1090\/"},{"id":59691,"section_number":"46.2-208","catch_line":"Records of Department; when open for inspection; release of privileged information","order_by":null,"url":"\/46.2-208\/"},{"id":87484,"section_number":"46.2-600","catch_line":"Owner to secure registration and certificate of title or certificate of ownership","order_by":null,"url":"\/46.2-600\/"},{"id":54383,"section_number":"46.2-859","catch_line":"Passing a stopped school bus; prima facie evidence","order_by":null,"url":"\/46.2-859\/"}],"permalink":{"id":230835,"object_type":"law","relational_id":69210,"identifier":"46.2-844","token":"46.2\/III\/8\/4\/46.2-844","url":"\/46.2-844\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-844\/","token":"46.2\/III\/8\/4\/46.2-844","dublin_core":{"Title":"Passing stopped school buses; prima facie evidence; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-844","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The driver<\/span> of a motor vehicle<\/span> approaching from any direction a clearly marked school bus<\/span> that is stopped on any highway<\/span>, private road, or school driveway for the purpose of taking on or discharging children, elderly individuals, or individuals with mental or physical disabilities, who, in violation of § 46.2-859<\/a>, fails to stop and remain stopped until all such individuals are clear of the highway<\/span>, private road, or school driveway and the bus is put in motion<\/span> is subject to a civil penalty<\/span> of $250, and any prosecution<\/span> shall be instituted and conducted in the same manner as prosecutions<\/span> for traffic infractions<\/span>.\n\t\t\tA prosecution<\/span> or proceeding under § 46.2-859<\/a> is a bar to a prosecution<\/span> or proceeding under this section for the same act, and a prosecution<\/span> or proceeding under this section is a bar to a prosecution<\/span> or proceeding under § 46.2-859<\/a> for the same act.\n\t\t\tIn any prosecution<\/span> for which a summons<\/span> charging a violation of this section was issued within 30 business days of the alleged violation, proof that the motor vehicle<\/span> described in the summons<\/span> was operated in violation of this section, together with proof that the defendant<\/span> was at the time of such violation the registered owner<\/span> of the vehicle, as required by Chapter 6 (§ 46.2-600<\/a> et seq.) shall give rise to a rebuttable presumption<\/span> that the registered owner<\/span> of the vehicle was the person who operated the vehicle at the place where, and for the time during which, the violation occurred. Such presumption<\/span> shall be rebutted if (i) the owner<\/span> of the vehicle files an affidavit<\/span> by regular mail with the clerk of the general district court<\/span> that he was not the operator<\/span> of the vehicle at the time of the alleged violation, (ii) the owner<\/span> testifies in open court<\/span> under oath<\/span> that he was not the operator<\/span> of the vehicle at the time of the alleged violation, or (iii) a certified copy of a police report showing that the vehicle had been reported to the police as stolen prior to the time of the alleged violation of this section is presented prior to the return date established on the summons<\/span> issued pursuant to this section to the court<\/span> adjudicating the alleged violation. Nothing herein shall limit the admission of otherwise admissible<\/span> evidence<\/span>.\n\t\t\tThe testimony<\/span> of the school bus<\/span> driver<\/span>, the supervisor of school buses, or a law<\/span>-enforcement officer<\/span> that the vehicle was yellow, conspicuously marked as a school bus<\/span>, and equipped with warning devices as prescribed in § 46.2-1090<\/a> is prima facie evidence<\/span> that the vehicle is a school bus<\/span>.\n\t\t\tRecorded images from a video-monitoring system<\/span> that show the bus was stopped with at least one warning device prescribed in § 46.2-1090<\/a> activated shall be considered prima facie evidence<\/span> that the bus was stopped for the purpose of taking on or discharging children, elderly individuals, or individuals with mental or physical disabilities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> 1. For purposes of this section, “video-monitoring system<\/span>” means a system with one or more camera sensors and computers installed and operated on a school bus<\/span> that produces live digital and recorded video of motor vehicles<\/span> being operated in violation of \u00a7 46.2-859<\/a>. All such systems installed shall, at a minimum, produce a recorded image of the license plate<\/span> and shall record the activation status of at least one warning device as prescribed in \u00a7 46.2-1090<\/a> and the time, date, and location of the vehicle when the image is recorded. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A locality may, by ordinance<\/span>, authorize the school division of the locality to install and operate a video-monitoring system<\/span> in or on the school buses operated by the division or to contract<\/span> with a private vendor to do so on behalf of the school division for the purpose of recording violations of subsection A. Such ordinance<\/span> may direct that any civil penalty<\/span> levied for a violation of subsection A shall be payable to the local school division. In any locality that has adopted such an ordinance<\/span>, a summons<\/span> for a violation of subsection A may be executed as provided in § 19.2-76.2<\/a> and, notwithstanding the provisions of § 19.2-76<\/a>, the summons<\/span> may be executed by mailing by first-class mail a copy thereof to the address of the owner<\/span> of the vehicle contained in the records of the Department<\/span>. Every such mailing shall include, in addition to the summons<\/span>, a notice of (i) the summoned person’s ability to rebut the presumption<\/span> that he was the operator<\/span> of the vehicle at the time of the alleged violation through the filing of an affidavit<\/span> as provided in subsection A and (ii) instructions for filing such an affidavit<\/span>, including the address to which the affidavit<\/span> is to be sent. If the summoned person fails to appear on the date of return set out in the summons<\/span> mailed pursuant to this section, the summons<\/span> shall be executed in the manner set out in § 19.2-76.3<\/a>. No proceedings for contempt<\/span> or arrest<\/span> of a person summoned by mailing shall be instituted for failure to appear on the return date of the summons<\/span>. Any summons<\/span> executed for violation of this section shall provide to the person summoned at least 30 business days from the mailing of the summons<\/span> to inspect information collected by a video-monitoring system<\/span> in connection with the violation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Any private vendor contracting with a school division pursuant to this subsection may impose and collect an administrative fee in addition to the civil penalty<\/span> imposed for a violation of subsection A and payable pursuant to this subsection, so as to recover the expenses of collecting any unpaid civil penalty<\/span> when such penalty<\/span> remains due more than 30 days after the date of the mailing of the summons<\/span> and notice. The administrative fee shall be reasonably related to the actual cost of collecting the civil penalty<\/span> and shall not exceed $100 per violation. The operator<\/span> of the vehicle shall pay the unpaid civil penalty<\/span> and any administrative fee detailed in a notice or citation<\/span> issued by the private vendor. If paid no later than 60 days after the date of the mailing of the summons<\/span> and notice, the administrative fee shall not exceed $25. No contract<\/span> entered into pursuant to this subsection shall require a minimum quota of violations captured or citations<\/span> issued in order<\/span> for the video-monitoring system<\/span> to be deployed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Any private vendor contracting with a school division pursuant to this subsection may enter into an agreement with the Department<\/span> of Motor Vehicles<\/span>, in accordance with the provisions of subdivision B 30 of § 46.2-208<\/a>, to obtain vehicle owner<\/span> information regarding the registered owners<\/span> of vehicles that improperly pass stopped school buses. Information provided to such private vendor shall be protected in a database with security comparable to that of the Department<\/span> of Motor Vehicles<\/span>’ system and used only for enforcement against individuals who violate the provisions of this section. The school division shall annually certify compliance with this subdivision and make all records pertaining to such system available for inspection and audit by the Commissioner<\/span> of Highways<\/span><\/span> or the Commissioner<\/span> of the Department<\/span> of Motor Vehicles<\/span> or their designee. Any person who discloses personal information in violation of the provisions of this subdivision shall be subject to a civil penalty<\/span> of $1,000 per disclosure. Any unauthorized use or disclosure of such personal information shall be grounds for termination of the agreement between the Department<\/span> of Motor Vehicles<\/span> and the private vendor. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPASSING STOPPED SCHOOL BUSES; PRIMA FACIE EVIDENCE; PENALTY (\u00a7 46.2-844)\n\nA. The driver of a motor vehicle approaching from any direction a clearly marked\nschool bus that is stopped on any highway, private road, or school driveway for\nthe purpose of taking on or discharging children, elderly individuals, or\nindividuals with mental or physical disabilities, who, in violation of §\n46.2-859, fails to stop and remain stopped until all such individuals are clear\nof the highway, private road, or school driveway and the bus is put in motion is\nsubject to a civil penalty of $250, and any prosecution shall be instituted and\nconducted in the same manner as prosecutions for traffic infractions.\n\t\t\tA prosecution or proceeding under § 46.2-859 is a bar to a prosecution\nor proceeding under this section for the same act, and a prosecution or\nproceeding under this section is a bar to a prosecution or proceeding under\n§ 46.2-859 for the same act.\n\t\t\tIn any prosecution for which a summons charging a violation of this section\nwas issued within 30 business days of the alleged violation, proof that the\nmotor vehicle described in the summons was operated in violation of this\nsection, together with proof that the defendant was at the time of such\nviolation the registered owner of the vehicle, as required by Chapter 6 (§\n46.2-600 et seq.) shall give rise to a rebuttable presumption that the\nregistered owner of the vehicle was the person who operated the vehicle at the\nplace where, and for the time during which, the violation occurred. Such\npresumption shall be rebutted if (i) the owner of the vehicle files an affidavit\nby regular mail with the clerk of the general district court that he was not the\noperator of the vehicle at the time of the alleged violation, (ii) the owner\ntestifies in open court under oath that he was not the operator of the vehicle\nat the time of the alleged violation, or (iii) a certified copy of a police\nreport showing that the vehicle had been reported to the police as stolen prior\nto the time of the alleged violation of this section is presented prior to the\nreturn date established on the summons issued pursuant to this section to the\ncourt adjudicating the alleged violation. Nothing herein shall limit the\nadmission of otherwise admissible evidence.\n\t\t\tThe testimony of the school bus driver, the supervisor of school buses, or a\nlaw-enforcement officer that the vehicle was yellow, conspicuously marked as a\nschool bus, and equipped with warning devices as prescribed in § 46.2-1090\nis prima facie evidence that the vehicle is a school bus.\n\t\t\tRecorded images from a video-monitoring system that show the bus was stopped\nwith at least one warning device prescribed in § 46.2-1090 activated shall\nbe considered prima facie evidence that the bus was stopped for the purpose of\ntaking on or discharging children, elderly individuals, or individuals with\nmental or physical disabilities.\n\nB. 1. For purposes of this section, “video-monitoring system” means\na system with one or more camera sensors and computers installed and operated on\na school bus that produces live digital and recorded video of motor vehicles\nbeing operated in violation of \u00a7 46.2-859. All such systems installed shall, at\na minimum, produce a recorded image of the license plate and shall record the\nactivation status of at least one warning device as prescribed in \u00a7 46.2-1090\nand the time, date, and location of the vehicle when the image is recorded.\n\n 2. A locality may, by ordinance, authorize the school division of the locality\n to install and operate a video-monitoring system in or on the school buses\n operated by the division or to contract with a private vendor to do so on\n behalf of the school division for the purpose of recording violations of\n subsection A. Such ordinance may direct that any civil penalty levied for a\n violation of subsection A shall be payable to the local school division. In\n any locality that has adopted such an ordinance, a summons for a violation of\n subsection A may be executed as provided in § 19.2-76.2 and,\n notwithstanding the provisions of § 19.2-76, the summons may be executed\n by mailing by first-class mail a copy thereof to the address of the owner of\n the vehicle contained in the records of the Department. Every such mailing\n shall include, in addition to the summons, a notice of (i) the summoned\n person’s ability to rebut the presumption that he was the operator of\n the vehicle at the time of the alleged violation through the filing of an\n affidavit as provided in subsection A and (ii) instructions for filing such an\n affidavit, including the address to which the affidavit is to be sent. If the\n summoned person fails to appear on the date of return set out in the summons\n mailed pursuant to this section, the summons shall be executed in the manner\n set out in § 19.2-76.3. No proceedings for contempt or arrest of a person\n summoned by mailing shall be instituted for failure to appear on the return\n date of the summons. Any summons executed for violation of this section shall\n provide to the person summoned at least 30 business days from the mailing of\n the summons to inspect information collected by a video-monitoring system in\n connection with the violation.\n\n 3. Any private vendor contracting with a school division pursuant to this\n subsection may impose and collect an administrative fee in addition to the\n civil penalty imposed for a violation of subsection A and payable pursuant to\n this subsection, so as to recover the expenses of collecting any unpaid civil\n penalty when such penalty remains due more than 30 days after the date of the\n mailing of the summons and notice. The administrative fee shall be reasonably\n related to the actual cost of collecting the civil penalty and shall not\n exceed $100 per violation. The operator of the vehicle shall pay the unpaid\n civil penalty and any administrative fee detailed in a notice or citation\n issued by the private vendor. If paid no later than 60 days after the date of\n the mailing of the summons and notice, the administrative fee shall not exceed\n $25. No contract entered into pursuant to this subsection shall require a\n minimum quota of violations captured or citations issued in order for the\n video-monitoring system to be deployed.\n\n 4. Any private vendor contracting with a school division pursuant to this\n subsection may enter into an agreement with the Department of Motor Vehicles,\n in accordance with the provisions of subdivision B 30 of § 46.2-208, to\n obtain vehicle owner information regarding the registered owners of vehicles\n that improperly pass stopped school buses. Information provided to such\n private vendor shall be protected in a database with security comparable to\n that of the Department of Motor Vehicles’ system and used only for\n enforcement against individuals who violate the provisions of this section.\n The school division shall annually certify compliance with this subdivision\n and make all records pertaining to such system available for inspection and\n audit by the Commissioner of Highways or the Commissioner of the Department of\n Motor Vehicles or their designee. Any person who discloses personal\n information in violation of the provisions of this subdivision shall be\n subject to a civil penalty of $1,000 per disclosure. Any unauthorized use or\n disclosure of such personal information shall be grounds for termination of\n the agreement between the Department of Motor Vehicles and the private vendor.\n\nHISTORY: 1985, c. 511, \u00a7 46.1-212.1; 1987, c. 106; 1989, c. 727; 1997, cc. 622,\n800, 908; 2001, c. 126; 2002, c. 541; 2011, cc. 787, 838; 2016, cc. 637, 700;\n2019, cc. 543, 544; 2020, c. 783; 2023, cc. 148, 149, 382, 401, 402; 2024, c.\n221.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}