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Passing A School Bus

W. Va. Code § 17C-12-7 — stop from either direction for the flashing lights, and a fine of $500 to $1,000 the first time

A driver meeting or overtaking a stopped school bus from either direction, with its flashing warning lights on, stops before reaching it and waits until the bus moves, the driver of the bus signals, or the lights go off.

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Not only on the highway. The rule applies wherever the bus is picking up or letting off children, including any street, parking lot, private road or driveway. On a controlled access highway, a bus on a different roadway where people may not cross does not require a stop.

ConvictionThe penalty
ConvictionFirstThe penaltyA fine of not less than $500 or more than $1,000, jail of not more than six months, or both
ConvictionSecondThe penaltyA fine of not less than $1,000 nor more than $1,500, jail of not more than six months, or both
ConvictionThird or laterThe penaltyA fine of $2,000 and jail of not less than 48 hours but not more than six months

When only the plate is known, the owner may be inferred to have been driving, and where the car's presence is the only evidence, only the fine applies. A particular ticket is a question for a licensed West Virginia attorney.

Sources for this section (1)
  1. W. Va. Code § 17C-12-7 — Overtaking and passing school bus; penalties

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

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