Passing a Stopped School Bus
IC 9-21-12-1 — a Class A infraction, and a suspension of 90 days or a year on top
A driver meeting or overtaking, from any direction, a school bus stopped on a roadway or private road with its stop arm extended stops before reaching the bus, and does not go on until the arm is no longer extended. Breaking that rule is a Class A infraction.
Who handles this in Indiana: legal aid programs and the state offices, listed in the Indiana directory.
Passing the stopped bus recklessly with the arm extended is a crime: a Class A misdemeanor, a Level 6 felony if it causes bodily injury, and a Level 5 felony if it causes a death.
- On top of any other penalty, the court may suspend driving privileges for 90 days.
- Where the driver already has at least one previous offense under either section, the suspension may be one year.
The owner of the vehicle is presumed to have committed the infraction, a presumption that can be rebutted, and that does not apply to an owner in the business of renting vehicles for periods of 30 days or less. The section applies only where the bus is in substantial compliance with the markings the state school bus committee requires.
Sources for this section (2)
- IC 9-21-12-1 — Arm signal device extended; duty; penalty; license suspension; presumption
- IC 9-21-8-52 — Reckless driving; passing a school bus with extended stop arm; penalty; license suspension
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Indiana attorney.