Aggressive, Compassionate, & Responsive Criminal Defense

If you have been charged with a criminal or traffic offense in Georgia, you need an attorney who will fight for you.

Click here to contact me today for a free consultation.

Get in touch

Please contact me using the form below

Illegal Passing of a School Bus

O.C.G.A. § 40-6-163 pertains to passing a school bus. The law states that the driver of a vehicle meeting a vehicle from either direction must stop when the bus has its warning lights activated, when its stop sign is deployed, or when the arm on the front of the bus is deployed. Vehicles must remain stopped until these visual cues are no longer activated or when the bus begins moving again.

However, drivers upon a highway “with separate roadways that are separated by a grass median, unpaved area, or physical barrier" do not need to stop upon meeting or passing a school bus which is on the other side of the roadway. Drivers also need not stop if the bus is on a "controlled access highway when the school bus is stopped in a loading zone which is part of or adjacent to such highway and where pedestrians are not permitted to cross the roadway."

It is notable that this law was updated in 2019 and now requires drivers to stop even if the highway is divided by a turn lane. Basically, if there is no physical barrier (such as a grassy median or cement barrier) between the bus and oncoming traffic, oncoming drivers must stop.

Potential Consequences of Illegally Passing a School Bus

Criminal Penalties

Unlawfully passing a school bus is a misdemeanor offense in Georgia, meaning it carries a possible penalty of up to 12 months in jail and/or a fine of up to $250. It is one of the predicate offenses for a Felony Vehicular Homicide charge, meaning that causing a person’s death while illegally passing a school bus can lead to felony, rather than misdemeanor, Vehicular Homicide charges if a death results from the violation.

License Penalties

Illegally Passing a School Bus is a 6-point offense in Georgia, making it one of most serious driving offenses in Georgia.  See here for more information on the points system, and how a person can apply for a points reduction. It is important to note that a driver under 21 who illegally passes a school bus will immediately have his/her license suspended, even if the person’s driving record is otherwise perfect.

Why do you need an attorney?

If you are charged with illegally passing a school bus, you should call a Georgia Traffic Court Attorney immediately.  Especially given the recent changes in the law, you need someone who can evaluate your case and make sure that you get the best possible outcome in your case.  Judges, prosecutors, and police take these cases very seriously.  You need an attorney who will do the same.  Call me today.

Learn More


Kevin Fisher

Share This Page

Have any questions?

(404) 403-2665

Open Every Day

Call Anytime

Or click here to send me a message.

Get in touch

Please contact me using the form below

Scroll to Top