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Passing A School Bus

Va. Code 46.2-859 — stop from any direction, and passing is reckless driving

In Virginia, a driver approaching from any direction a school bus stopped on a highway, private road or school driveway to take on or let off children, elderly individuals, or individuals with disabilities stops, and stays stopped until everyone is clear and the bus is moving. Not doing so is reckless driving.

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  • The rule does not apply when the bus is on the other roadway of a divided highway, or on an access road or driveway, separated by a physical barrier or an unpaved area, continuous or not.
  • It does not apply when the bus is loading next to a school and a police officer or uniformed crossing guard directs the driver to pass.
  • It covers buses painted yellow with "School Bus" on the front and rear and the warning devices the Code requires. A bus stopped with at least one warning device on is presumed to be loading or unloading.
Sources for this section (1)
  1. Va. Code 46.2-859 — Passing a stopped school bus; prima facie evidence

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

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