I'm kind of confusing now. Once after I got the ticket, I looked for a paralegal to help me. The son of the firm told me the school bus should be fully stopped then a vehicle can not pass it. I thought it would the son to help me in the court. However, very close to the court date, it's actually his father would present in the court. And obviously his father did not review my case in so much detail.

My question is: I was behind the school bus and drove very slow. After I saw its right turning signal was on, I decided to pass the bus. When I was approaching the stop arm, the stop arm put down and I continued to pass it. My speed was less than 20km/hour.

The police told me that the red right was flashing. But I really did not see it's flashing when I drove on the left lane to pass the bus.

I read the Highway Traffic Act and still one thing not clear. Is it true that a driver can pass a school bus while it's moving, or has to stop right after the red light is flashing.

How could I prove that I did not see the red light flashing? would they say that I was lying?

I have driving over ten years and it's my first and very severe one.

Thanks a lot for any answer.

Umm why is the Paralegals SON giving you advice (Is the Son a Paralegal?)...get a new Paralegal.

Both of them are paralegals.

My question is: does the school bus have to be fully stopped otherwise other drivers can still pass it?

I read section 175 and it is written as STOPPED. However, the father actually confused me because he kept asking me where my position was when the red light started to flash.

I'm as confused about this school bus stopping as you are i was recently driving down a road 80 km per hour seen a bus coming towards me it activated its lights , i put my brakes on and stopped . To my disbelief the bus drove right past me . I think the bus should be at a complete stop before activating its flashing lights yet it says on the back of the bus fine is xxx for passing when lights are flashing . It is no wonder people drive by school bus's the law is so mis leading who knows what is right.

Even though i was told by our local police that you don't have to stop unless stop arm is activated the section i just copied and pasted below says different . I always do my best to stop well in advance but some of the bus drivers don't have a clue they just throw on the lights no matter how close they are to meeting uncoming traffic or what the speed you are doing . As far as i am concerned if I'm stopped for a bus approaching me and they pass me they are in violation and deserve a fine as well . But you will never see that happen.

Duty of drivers when school bus stopped

(11) Every driver or street car operator, when meeting on a highway, other than a highway with a median strip, a stopped school bus that has its overhead red signal-lights flashing, shall stop before reaching the bus and shall not proceed until the bus moves or the overhead red signal-lights have stopped flashing. R.S.O. 1990, c. H.8, s. 175 (11).

Idem

(12) Every driver or street car operator on a highway, when approaching from the rear a stopped school bus that has its overhead red signal-lights flashing, shall stop at least twenty metres before reaching the bus and shall not proceed until the bus moves or the overhead red signal-lights have stopped flashing. R.S.O. 1990, c. H.8, s. 175 (12).