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Passing A School Bus

N.J.S.A. 39:4-128.1 — stop at least 25 feet away, and 10 miles per hour on a divided road

In New Jersey, on a road not divided by a safety island or barrier, a driver approaching or overtaking a school bus stopped to pick up or let off a child stops not less than 25 feet from the bus, and stays stopped until the child is aboard or has reached the side of the road and the flashing red light is off. The rule also covers buses for summer day camp and school activities, and buses carrying a person with a developmental disability.

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WhereThe driver
WhereAn undivided road, either directionThe driverStops not less than 25 feet from the bus
WhereA divided road, overtaking the busThe driverStops not less than 25 feet from the bus
WhereA divided road, on the other roadwayThe driverSlows to not more than 10 miles per hour until past the bus and any child
WhereA bus at the curb on the same side as the schoolThe driverMay pass without stopping, at not more than 10 miles per hour

A first offense carries a fine of not less than $100, up to 15 days in jail or 15 days of community service, or both, and each later offense a fine of not less than $250, up to 15 days, or both.

Sources for this section (1)
  1. N.J.S.A. 39:4-128.1 — Passing school bus; prohibited

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed New Jersey attorney.

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