I. The driver of a vehicle upon a way upon meeting or overtaking from either direction any school bus, plainly marked with school bus signs or such other distinguishing identification as the director may require, which has stopped on the highway for the purpose of receiving or discharging school children shall stop his or her vehicle before reaching such school bus at least 25 feet away from such school bus. The driver shall not proceed until such school bus resumes motion, or until flashing red lights cease to operate.
[Paragraph I-a effective until January 1, 2027; see also paragraph I-a set out below.]
I-a. Testimony under oath from the school bus driver or other witness that a vehicle failed to stop and remain stopped as required by paragraph I shall be sufficient evidence to prove that the owner of the vehicle was driving and has violated the provisions of paragraph I, unless such evidence is rebutted or contradicted.
[Paragraph I-a effective January 1, 2027; see also paragraph I-a set out above.]
I-a. Testimony under oath from the school bus driver or other witness that a vehicle failed to stop and remain stopped as required by paragraph I shall be sufficient evidence to prove that the owner of the vehicle was driving and has violated the provisions of paragraph I, unless such evidence is rebutted or contradicted. The camera footage from the bus may be used as evidence to identify the vehicle owner or operator and shall be made available by subpoena. The owner of a vehicle cited for a school bus law violation shall also have access to the recording or to a copy of the recording, if requested.
[Paragraph I-b effective until January 1, 2027; see also paragraph I-b set out below.]
I-b. Except as provided in paragraph IV, a person who violates the provisions of paragraph I shall be guilty of a violation and shall be fined $150 plus penalty assessment for a first offense, and shall be fined not less than $250 nor more than $1,000 for a subsequent offense. In addition, the director may suspend the person's license to drive or nonresident driving privilege for a period of 30 days for a second or subsequent offense.
[Paragraph I-b effective January 1, 2027; see also paragraph I-b set out above.]
I-b. Except as provided in paragraph IV, a person who violates the provisions of paragraph I shall be guilty of a class B misdemeanor and shall be fined $300 plus penalty assessment for a first offense. In addition, the director shall suspend the person's license to drive or nonresident driving privilege for a period of 7 days for the first offense.
[Paragraph I-c effective January 1, 2027.]
I-c. Except as provided in paragraph IV, a person who violates the provisions of paragraph I, a second or subsequent time shall be guilty of a class A misdemeanor and shall be fined not less than $750. Unless the court determines that exceptional circumstances exist, the person's driver's license or privilege to drive shall be revoked for a period of not less than 30 days.
[Paragraph I-d effective January 1, 2027.]
I-d. Except as provided in paragraph IV, a person who violates the provisions of paragraph I, a third or subsequent time shall be guilty of a class A misdemeanor and shall be fined not less than $750. The person shall be sentenced to a mandatory sentence of not less than 15 consecutive days in the county correctional facility. The person's driver's license or privilege to drive shall be revoked indefinitely and shall not be restored for at least one year. At the end of the minimum revocation period, the person may petition the court for eligibility to reapply for a driver's license only after completing a driver safety course.
II. Whenever road conditions and space permit and whenever the number of vehicles following a moving school bus is 5 or more, the driver of the school bus shall pull over and let the following vehicles pass. A driver passing the school bus must do so without driving any part of his vehicle to the left of or across any unbroken painted line marked on the highway.
III. The driver of a vehicle upon a divided highway with separate roadways need not stop when meeting or passing a school bus which is traveling in the opposite direction on the other half of the divided highway, or when upon a controlled access highway if a school bus is stopped in a loading zone which is part of or adjacent to such highway and pedestrians are not permitted to cross the roadway.
IV. Except as provided in paragraph III, no driver of a vehicle who is required to stop his or her vehicle in accordance with paragraph I shall overtake and pass a school bus on the right. A person who violates the provisions of this paragraph shall be guilty of a violation and shall be fined $500 plus penalty assessment. In addition, the director shall suspend the person's license to drive or nonresident driving privilege for a period of up to 30 days for a first offense. For a second or subsequent offense, the person must appear before the court and shall be fined not less than $500 nor more than $1,200 plus penalty assessment. The director shall suspend the person's license to drive or nonresident driving privilege for a period of 30 days for a second offense, and for a period of not less than 30 days nor more than 120 days for a third or subsequent offense.
Source. 1949, 114:1. 1953, 56:1. RSA 263:43. 1961, 251:6. 1963, 330:1. 1975, 46:1. RSA 262-A:52. 1981, 146:1; 479:41. 1983, 355:1. 1986, 127:27. 2001, 132:2, eff. June 29, 2001. 2015, 202:6, 7, eff. Jan. 1, 2016. 2026, 163:1, eff. Jan. 1, 2027.