{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-859.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-859.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-859.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-859.html"}],"law_id":54383,"edition_id":1,"section_id":54383,"structure_id":13413,"section_number":"46.2-859","catch_line":"Passing a stopped school bus; prima facie evidence","history":"Code 1950, \u00a7\u00a7 46-209, 46-209.1; 1950, p. 880; 1952, c. 671; 1954, cc. 225, 401, 458; 1958, c. 541, \u00a7 46.1-190; 1960, c. 510; 1964, c. 266; 1966, c. 694; 1968, c. 575; 1970, c. 521; 1974, cc. 222, 455; 1975, c. 633; 1978, c. 27; 1979, c. 86; 1981, cc. 333, 585; 1985, c. 148; 1989, c. 727; 2001, c. 126; 2002, c. 541; 2011, cc. 325, 326; 2023, cc. 148, 149, 382.","full_text":"A person driving a motor vehicle shall stop such vehicle when approaching, from any direction, any school bus which 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, and shall remain stopped until all the individuals are clear of the highway, private road or school driveway and the bus is put in motion; any individual violating the foregoing is guilty of reckless driving. The driver of a vehicle, however, need not stop when approaching a school bus if the school bus is stopped on the other roadway of a divided highway, on an access road, or on a driveway when the other roadway, access road, or driveway is separated from the roadway on which he is driving by a physical barrier or an unpaved area. The driver of a vehicle also need not stop when approaching a school bus which is loading or discharging passengers from or onto property immediately adjacent to a school if the driver is directed by a law-enforcement officer or other duly authorized uniformed school crossing guard to pass the school bus. This section shall apply to school buses which are equipped with warning devices prescribed in \u00a7 46.2-1090 and are painted yellow with the words “School Bus” in black letters at least eight inches high on the front and rear thereof. Only school buses which are painted yellow and equipped with the required lettering and warning devices shall be identified as school buses.\n\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 \u00a7 46.2-1090 is prima facie evidence that the vehicle is a school bus.\n\t\tEvidence that the bus was stopped with at least one warning device prescribed in \u00a7 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.","order_by":null,"text":{"0":{"id":199667,"text":"A person driving a motor vehicle shall stop such vehicle when approaching, from any direction, any school bus which 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, and shall remain stopped until all the individuals are clear of the highway, private road or school driveway and the bus is put in motion; any individual violating the foregoing is guilty of reckless driving. The driver of a vehicle, however, need not stop when approaching a school bus if the school bus is stopped on the other roadway of a divided highway, on an access road, or on a driveway when the other roadway, access road, or driveway is separated from the roadway on which he is driving by a physical barrier or an unpaved area. The driver of a vehicle also need not stop when approaching a school bus which is loading or discharging passengers from or onto property immediately adjacent to a school if the driver is directed by a law-enforcement officer or other duly authorized uniformed school crossing guard to pass the school bus. This section shall apply to school buses which are equipped with warning devices prescribed in \u00a7 46.2-1090 and are painted yellow with the words “School Bus” in black letters at least eight inches high on the front and rear thereof. Only school buses which are painted yellow and equipped with the required lettering and warning devices shall be identified as school buses.\n\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 \u00a7 46.2-1090 is prima facie evidence that the vehicle is a school bus.\n\t\tEvidence that the bus was stopped with at least one warning device prescribed in \u00a7 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":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13413,"edition_id":1,"name":"Reckless Driving and Improper Driving","identifier":"7","label":"article","depth":4,"order_by":1,"parent_id":12875,"metadata":{},"date_created":"2026-06-26 03:44:51","date_modified":"2026-06-26 03:44:51","permalink":{"id":230871,"object_type":"structure","relational_id":13413,"identifier":"7","token":"46.2\/III\/8\/7","url":"\/46.2\/III\/8\/7\/","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":81167,"structure_id":13413,"section_number":"46.2-852","catch_line":"Reckless driving; general rule","url":"\/46.2-852\/","token":"46.2\/III\/8\/7\/46.2-852","metadata":false},{"id":79974,"structure_id":13413,"section_number":"46.2-853","catch_line":"Driving vehicle which is not under control; faulty brakes","url":"\/46.2-853\/","token":"46.2\/III\/8\/7\/46.2-853","metadata":false},{"id":82702,"structure_id":13413,"section_number":"46.2-854","catch_line":"Passing on or at the crest of a grade or on a curve","url":"\/46.2-854\/","token":"46.2\/III\/8\/7\/46.2-854","metadata":false},{"id":63229,"structure_id":13413,"section_number":"46.2-855","catch_line":"Driving with driver's view obstructed or control impaired","url":"\/46.2-855\/","token":"46.2\/III\/8\/7\/46.2-855","metadata":false},{"id":81455,"structure_id":13413,"section_number":"46.2-856","catch_line":"Passing two vehicles abreast","url":"\/46.2-856\/","token":"46.2\/III\/8\/7\/46.2-856","metadata":false},{"id":57560,"structure_id":13413,"section_number":"46.2-857","catch_line":"Driving two abreast in a single lane","url":"\/46.2-857\/","token":"46.2\/III\/8\/7\/46.2-857","metadata":false},{"id":55484,"structure_id":13413,"section_number":"46.2-858","catch_line":"Passing at a railroad grade crossing","url":"\/46.2-858\/","token":"46.2\/III\/8\/7\/46.2-858","metadata":false},{"id":54383,"structure_id":13413,"section_number":"46.2-859","catch_line":"Passing a stopped school bus; prima facie evidence","url":"\/46.2-859\/","token":"46.2\/III\/8\/7\/46.2-859","metadata":false},{"id":63384,"structure_id":13413,"section_number":"46.2-860","catch_line":"Failing to give proper signals","url":"\/46.2-860\/","token":"46.2\/III\/8\/7\/46.2-860","metadata":false},{"id":79399,"structure_id":13413,"section_number":"46.2-861","catch_line":"Driving too fast for highway and traffic conditions","url":"\/46.2-861\/","token":"46.2\/III\/8\/7\/46.2-861","metadata":false},{"id":55489,"structure_id":13413,"section_number":"46.2-861.1","catch_line":"Drivers to yield right-of-way or reduce speed when approaching stationary vehicles displaying certain warning lights on highways; penalties","url":"\/46.2-861.1\/","token":"46.2\/III\/8\/7\/46.2-861.1","metadata":false},{"id":81999,"structure_id":13413,"section_number":"46.2-862","catch_line":"Exceeding speed limit","url":"\/46.2-862\/","token":"46.2\/III\/8\/7\/46.2-862","metadata":false},{"id":59229,"structure_id":13413,"section_number":"46.2-863","catch_line":"Failure to yield right-of-way","url":"\/46.2-863\/","token":"46.2\/III\/8\/7\/46.2-863","metadata":false},{"id":57003,"structure_id":13413,"section_number":"46.2-864","catch_line":"Reckless driving on parking lots, etc","url":"\/46.2-864\/","token":"46.2\/III\/8\/7\/46.2-864","metadata":false},{"id":69860,"structure_id":13413,"section_number":"46.2-865","catch_line":"(Effective July 1, 2026) Racing or exhibition driving; definitions; penalties","url":"\/46.2-865\/","token":"46.2\/III\/8\/7\/46.2-865","metadata":false},{"id":71115,"structure_id":13413,"section_number":"46.2-865.1","catch_line":"Injuring another or causing the death of another while engaging in a race or exhibition driving; penalties.","url":"\/46.2-865.1\/","token":"46.2\/III\/8\/7\/46.2-865.1","metadata":false},{"id":86611,"structure_id":13413,"section_number":"46.2-866","catch_line":"Racing or exhibition driving; aiders or abettors; penalty.","url":"\/46.2-866\/","token":"46.2\/III\/8\/7\/46.2-866","metadata":false},{"id":73373,"structure_id":13413,"section_number":"46.2-867","catch_line":"Racing; seizure of motor vehicle","url":"\/46.2-867\/","token":"46.2\/III\/8\/7\/46.2-867","metadata":false},{"id":79469,"structure_id":13413,"section_number":"46.2-867.1","catch_line":"Exhibition driving; impoundment of motor vehicle.","url":"\/46.2-867.1\/","token":"46.2\/III\/8\/7\/46.2-867.1","metadata":false},{"id":71700,"structure_id":13413,"section_number":"46.2-868","catch_line":"Reckless driving; penalties","url":"\/46.2-868\/","token":"46.2\/III\/8\/7\/46.2-868","metadata":false},{"id":64733,"structure_id":13413,"section_number":"46.2-868.1","catch_line":"Aggressive driving; penalties","url":"\/46.2-868.1\/","token":"46.2\/III\/8\/7\/46.2-868.1","metadata":false},{"id":72718,"structure_id":13413,"section_number":"46.2-869","catch_line":"Improper driving; penalty","url":"\/46.2-869\/","token":"46.2\/III\/8\/7\/46.2-869","metadata":false}],"previous_section":{"id":55484,"structure_id":13413,"section_number":"46.2-858","catch_line":"Passing at a railroad grade crossing","url":"\/46.2-858\/","token":"46.2\/III\/8\/7\/46.2-858","metadata":false},"next_section":{"id":63384,"structure_id":13413,"section_number":"46.2-860","catch_line":"Failing to give proper signals","url":"\/46.2-860\/","token":"46.2\/III\/8\/7\/46.2-860","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-859\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 19 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 1952, chapter 671; in 1954, chapters 225, 401, and 458; in 1958, chapter 541; in 1960, chapter 510; in 1964, chapter 266; in 1966, chapter 694; in 1968, chapter 575; in 1970, chapter 521; in 1974, chapters 222 and 455; in 1975, chapter 633; in 1978, chapter 27; in 1979, chapter 86; in 1981, chapters 333 and 585; in 1985, chapter 148; in 1989, chapter 727; in 2001, chapter 126<\/a>; in 2002, chapter 541<\/a>; in 2011, chapters 325<\/a> and 326<\/a>; in 2023, chapters 148<\/a>, 149<\/a>, and 382<\/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":69210,"section_number":"46.2-844","catch_line":"Passing stopped school buses; prima facie evidence; penalty","order_by":null,"url":"\/46.2-844\/"}],"refers_to":[{"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\/"}],"permalink":{"id":230901,"object_type":"law","relational_id":54383,"identifier":"46.2-859","token":"46.2\/III\/8\/7\/46.2-859","url":"\/46.2-859\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-859\/","token":"46.2\/III\/8\/7\/46.2-859","dublin_core":{"Title":"Passing a stopped school bus; prima facie evidence","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-859","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A person driving a motor vehicle<\/span> shall stop such vehicle when approaching, from any direction, any school bus<\/span> which 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, and shall remain stopped until all the individuals are clear of the highway<\/span>, private road or school driveway and the bus is put in motion<\/span>; any individual violating the foregoing is guilty of reckless driving<\/span>. The driver<\/span> of a vehicle, however, need not stop when approaching a school bus<\/span> if the school bus<\/span> is stopped on the other roadway<\/span> of a divided highway<\/span>, on an access road, or on a driveway when the other roadway<\/span>, access road, or driveway is separated from the roadway<\/span> on which he is driving by a physical barrier or an unpaved area. The driver<\/span> of a vehicle also need not stop when approaching a school bus<\/span> which is loading or discharging passengers from or onto property immediately adjacent to a school if the driver<\/span> is directed by a law<\/span>-enforcement officer<\/span> or other duly authorized uniformed school crossing guard to pass the school bus<\/span>. This section shall apply to school buses which are equipped with warning devices prescribed in \u00a7 46.2-1090<\/a> and are painted yellow with the words “School Bus<\/span>” in black letters at least eight inches high on the front and rear thereof. Only school buses which are painted yellow and equipped with the required lettering and warning devices shall be identified as school buses.\n\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 \u00a7 46.2-1090<\/a> is prima facie evidence<\/span> that the vehicle is a school bus<\/span>.\n\t\tEvidence<\/span> that the bus was stopped with at least one warning device prescribed in \u00a7 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.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPASSING A STOPPED SCHOOL BUS; PRIMA FACIE EVIDENCE (\u00a7 46.2-859)\n\nA person driving a motor vehicle shall stop such vehicle when approaching, from\nany direction, any school bus which is stopped on any highway, private road or\nschool driveway for the purpose of taking on or discharging children, elderly\nindividuals, or individuals with mental or physical disabilities, and shall\nremain stopped until all the individuals are clear of the highway, private road\nor school driveway and the bus is put in motion; any individual violating the\nforegoing is guilty of reckless driving. The driver of a vehicle, however, need\nnot stop when approaching a school bus if the school bus is stopped on the other\nroadway of a divided highway, on an access road, or on a driveway when the other\nroadway, access road, or driveway is separated from the roadway on which he is\ndriving by a physical barrier or an unpaved area. The driver of a vehicle also\nneed not stop when approaching a school bus which is loading or discharging\npassengers from or onto property immediately adjacent to a school if the driver\nis directed by a law-enforcement officer or other duly authorized uniformed\nschool crossing guard to pass the school bus. This section shall apply to school\nbuses which are equipped with warning devices prescribed in \u00a7 46.2-1090 and are\npainted yellow with the words “School Bus” in black letters at least\neight inches high on the front and rear thereof. Only school buses which are\npainted yellow and equipped with the required lettering and warning devices\nshall be identified as school buses.\n\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 \u00a7 46.2-1090 is\nprima facie evidence that the vehicle is a school bus.\n\t\tEvidence that the bus was stopped with at least one warning device prescribed\nin \u00a7 46.2-1090 activated shall be considered prima facie evidence that the bus\nwas stopped for the purpose of taking on or discharging children, elderly\nindividuals, or individuals with mental or physical disabilities.\n\nHISTORY: Code 1950, \u00a7\u00a7 46-209, 46-209.1; 1950, p. 880; 1952, c. 671; 1954, cc.\n225, 401, 458; 1958, c. 541, \u00a7 46.1-190; 1960, c. 510; 1964, c. 266; 1966, c.\n694; 1968, c. 575; 1970, c. 521; 1974, cc. 222, 455; 1975, c. 633; 1978, c. 27;\n1979, c. 86; 1981, cc. 333, 585; 1985, c. 148; 1989, c. 727; 2001, c. 126; 2002,\nc. 541; 2011, cc. 325, 326; 2023, cc. 148, 149, 382.","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}}