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Unintentionally failed to stop for school bus!
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PostPosted: Wed Dec 21, 2011 8:59 pm 
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As shown above, I (red box) stopped at the stop sign, there was also a school bus (yellow box) at the stop sign with lights flashing. The stop signs on the bus were not facing me, so I thought it would be ok to move now that the yield is with me. So, I did and the bus driver honked a long horn, I stopped next to the driver and explained my logic to her. She was not happy, she said that the fine is $2000 and there is a 6 demerit points and ended her comment with "holy *EDIT*"!. I apologized and left the scene.

I do not think she wrote down my license plate. Does she need to report me in order to get charged or I had to be caught by police? My intention was not to violate the law, it was simply a misjudgement on my part; I do have a perfect clean driving record. I will appreciate any input.


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Re: Unintentionally failed to stop for school bus!
PostPosted: Thu Dec 22, 2011 11:58 am 
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No, you don't have to be caught by the police to be charged. If the bus driver recorded your plate, she can simply forward the information to them.

Typically police charge the registered owner of the vehicle, since it can be difficult to prove who was driving in Court. I believe the set fine is about $490, and there are no demerit points if you're charged as the owner instead of the driver.


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Re: Unintentionally failed to stop for school bus!
PostPosted: Thu Dec 22, 2011 1:00 pm 
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Thanks Stanton. If I say I was not the driver, would the court not ask me who was driving?! Am I not obligated to say who was driving the car? Thanks for your time.


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Re: Unintentionally failed to stop for school bus!
PostPosted: Thu Dec 22, 2011 2:17 pm 
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^^^^ It's like red light camera tickets.

They can't prove who the drivers was, and they won't ask you.


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Re: Unintentionally failed to stop for school bus!
PostPosted: Thu Dec 22, 2011 6:00 pm 
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Respectfully, the school bus driver spoke to me when I pulled next to her and she will be able to identify me in the court of law, how could I deny that I was not the driver? Any input is appreciated. Thank you.


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Re: Unintentionally failed to stop for school bus!
PostPosted: Fri Dec 23, 2011 1:12 am 
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It's very unlikely you'll be charged as the driver. Police rarely have the time to conduct investigations into every car that fails to stop for a school bus. It's much simpler to simply charge the registered owner and more likely to stand up in Court. If the police haven't been knocking at your door, I wouldn't worry too much. Worst case is you (if you're the owner) get a ticket in the mail.


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Re: Unintentionally failed to stop for school bus!
PostPosted: Fri Dec 23, 2011 1:32 am 
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Stanton,

Again I appreciate that you ever so generously take your time to answer my questions. Yes, I am the owner, the good news is that it happened yesterday afternoon, and no one so far has knocked on my door and I hope they don't. Thank again sir. :)


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Re: Unintentionally failed to stop for school bus!
PostPosted: Fri Dec 23, 2011 1:34 am 
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Oh, by the way I learned today that school buses are not supposed to have their lights flashing while they are right at the "Stop" sign! If this is true, it will then be to my advantage should we go to the court of law.


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Re: Unintentionally failed to stop for school bus!
PostPosted: Fri Dec 23, 2011 11:49 am 
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Saman111 wrote:
Oh, by the way I learned today that school buses are not supposed to have their lights flashing while they are right at the "Stop" sign! If this is true, it will then be to my advantage should we go to the court of law.


I'm not aware of any such requirement in the Highway Traffic Act. Perhaps it might be a policy of a particular bus line, but it would not change your legal requirement to stop for the bus.


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Re: Unintentionally failed to stop for school bus!
PostPosted: Fri Dec 23, 2011 12:45 pm 
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It's in there somewhere, but I'm pretty sure it only applies to traffic control signals, not stop signs. I believe the intent is to prevent bus drivers from displaying contradictory signals to drivers (i.e., stiop from bus, green from signal).

EDIT: It's 175 (9):
Quote:
(9) No person shall actuate the overhead red signal-lights or the stop arm on a school bus,
(a) at an intersection controlled by an operating traffic control signal system;
(b) at any other location controlled by an operating traffic control signal system at,
(i) a sign or roadway marking indicating where the stop is to be made,
(ii) the area immediately before entering the nearest crosswalk, if there is no sign or marking indicating where the stop is to be made, or
(iii) a point not less than five metres before the nearest traffic control signal, if there is no sign, marking or crosswalk; or
(c) within sixty metres from a location referred to in clause (a) or (b). R.S.O. 1990, c. H.8, s. 175 (9).

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Re: Unintentionally failed to stop for school bus!
PostPosted: Fri Dec 23, 2011 1:16 pm 
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Thanks Squishy and Stanton,

In my case the bus stopped exactly at the stop sign. Having said that, right at the stop sign, there are no marks on the pavement indicating pedestrians can walk or cross. So, does the item (ii) in (b) section apply to my case?! Thank you for your input.


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Re: Unintentionally failed to stop for school bus!
PostPosted: Fri Dec 23, 2011 3:33 pm 
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No, because a stop sign is not a traffic control signal system.

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Re: Unintentionally failed to stop for school bus!
PostPosted: Fri Dec 23, 2011 4:32 pm 
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Squishy,

Point taken, thank you for your time.


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Re: Unintentionally failed to stop for school bus!
PostPosted: Sat Dec 24, 2011 1:54 am 
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Good news, no one has knocked on my door yet! Do they usually mail the ticket? Should I expect to receive a ticket in mail?


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Re: Unintentionally failed to stop for school bus!
PostPosted: Sat Dec 24, 2011 6:45 pm 
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If youre charged as the RO, it will probably be by mail.


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