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RSA 265:54 · Overtaking and Passing School Bus

Title
XXI: MOTOR VEHICLES
Chapter
265 · RULES OF THE ROAD
Status
current
Official source linked
Yes
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265:54 Overtaking and Passing School Bus. –

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I.

The driver of a vehicle upon a way upon meeting or overtaking from either direction any school bus, plainly marked with school bus signs or such other distinguishing identification as the director may require, which has stopped on the highway for the purpose of receiving or discharging school children shall stop his or her vehicle before reaching such school bus at least 25 feet away from such school bus. The driver shall not proceed until such school bus resumes motion, or until flashing red lights cease to operate. I-a. Testimony under oath from the school bus driver or other witness that a vehicle failed to stop and remain stopped as required by paragraph I shall be sufficient evidence to prove that the owner of the vehicle was driving and has violated the provisions of paragraph I, unless such evidence is rebutted or contradicted. I-b. Except as provided in paragraph IV, a person who violates the provisions of paragraph I shall be guilty of a violation and shall be fined $150 plus penalty assessment for a first offense, and shall be fined not less than $250 nor more than $1,000 for a subsequent offense. In addition, the director may suspend the person's license to drive or nonresident driving privilege for a period of 30 days for a second or subsequent offense.

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II.

Whenever road conditions and space permit and whenever the number of vehicles following a moving school bus is 5 or more, the driver of the school bus shall pull over and let the following vehicles pass. A driver passing the school bus must do so without driving any part of his vehicle to the left of or across any unbroken painted line marked on the highway.

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III.

The driver of a vehicle upon a divided highway with separate roadways need not stop when meeting or passing a school bus which is traveling in the opposite direction on the other half of the divided highway, or when upon a controlled access highway if a school bus is stopped in a loading zone which is part of or adjacent to such highway and pedestrians are not permitted to cross the roadway.

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IV.

Except as provided in paragraph III, no driver of a vehicle who is required to stop his or her vehicle in accordance with paragraph I shall overtake and pass a school bus on the right. A person who violates the provisions of this paragraph shall be guilty of a violation and shall be fined $500 plus penalty assessment. In addition, the director shall suspend the person's license to drive or nonresident driving privilege for a period of up to 30 days for a first offense. For a second or subsequent offense, the person must appear before the court and shall be fined not less than $500 nor more than $1,200 plus penalty assessment. The director shall suspend the person's license to drive or nonresident driving privilege for a period of 30 days for a second offense, and for a period of not less than 30 days nor more than 120 days for a third or subsequent offense. Source. 1949, 114:1. 1953, 56:1. RSA 263:43. 1961, 251:6. 1963, 330:1. 1975, 46:1. RSA 262-A:52. 1981, 146:1; 479:41. 1983, 355:1. 1986, 127:27. 2001, 132:2, eff. June 29, 2001. 2015, 202:6, 7, eff. Jan. 1, 2016.

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Source note

Source. 1949, 114:1. 1953, 56:1. RSA 263:43. 1961, 251:6. 1963, 330:1. 1975, 46:1. RSA 262-A:52. 1981, 146:1; 479:41. 1983, 355:1. 1986, 127:27. 2001, 132:2, eff. June 29, 2001. 2015, 202:6, 7, eff. Jan. 1, 2016.

Source history

  • 1949, 114:1
  • 1953, 56:1. RSA 263:43
  • 1961, 251:6
  • 1963, 330:1
  • 1975, 46:1. RSA 262-A:52
  • 1981, 146:1; 479:41
  • 1983, 355:1
  • 1986, 127:27
  • 2001, 132:2, eff. June 29, 2001
  • 2015, 202:6, 7, eff. Jan. 1, 2016

Related materials

Bill relationships

  • 2026 HB1209 amend

    bus stops. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Prohibition on Crossing Traffic at School Bus Stops. Amend RSA 265 by inserting after section 57 the following new section: 265:57-a Prohibition on Crossing Traffic at School Bus Stops. Each school district and school bus operator shall ensure that school bus stops are located so t

  • 2026 HB1222 amend

    g all obstructions to public crosswalks. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Pedestrians on Roadway. Amend RSA 265 by inserting after section 39 the following new section: 265:39-a Obstruction of Public Crosswalks Prohibited. I. No person shall willfully or negligently block, obstruct, or otherwise impede the normal operation or

  • 2026 HB1308 amend · effective 2027-01-01

    penalty for passing a stopped school bus. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Overtaking and Passing School Bus. Amend RSA 265:54, I-a and I-b to read as follows: I-a. Testimony under oath from the school bus driver or other witness that a vehicle failed to stop and remain stopped as required by paragraph I shall be sufficient evidence to prov

  • 2026 HB1308-FN amend · effective 2027-01-01

    penalty for passing a stopped school bus. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Overtaking and Passing School Bus. Amend RSA 265:54, I-a and I-b to read as follows: I-a. Testimony under oath from the school bus driver or other witness that a vehicle failed to stop and remain stopped as required by paragraph I shall be sufficient evidence to prov

  • 2026 HB1410 amend · effective 2026-07-01

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  • 2026 HB1410-FN amend · effective 2026-07-01

    III. Failure to provide this disclosure constitutes prima facie evidence of a deceptive trade practice under RSA 358-A:2. 3 New Sections; Operation and Classification. Amend RSA 265 by inserting after section 144-a the following new sections: 265:144-b Operation and Classification of Out-of-Class Electric Vehicles. I. An OCEV shall not be operated on any public way or non-motorized rail trail

  • 2026 HB1533 amend · effective 2026-05-01

    undment of any electric bicycle for a period of a minimum of 15 days, but not to exceed 30 days. 2 New Sections; Learner's Permits; Registration Processes; Established. Amend RSA 265 by inserting after section 146 the following new sections: 265:146-a Class 3 Electric Bicycle Learner's Permit. Upon application, the department of safety shall issue a class 3 electric bicycle learner's permit to

  • 2026 HB1533-FN amend · effective 2026-05-01

    undment of any electric bicycle for a period of a minimum of 15 days, but not to exceed 30 days. 2 New Sections; Learner's Permits; Registration Processes; Established. Amend RSA 265 by inserting after section 146 the following new sections: 265:146-a Class 3 Electric Bicycle Learner's Permit. Upon application, the department of safety shall issue a class 3 electric bicycle learner's permit to

  • 2026 HB1686 amend · effective 2027-01-01

    otor vehicle offenses. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Subdivision; Intelligent Speed Assistance Program. Amend RSA 265 by inserting after section 79-c the following new subdivision: Intelligent Speed Assistance Program 265:79-d Intelligent Speed Assistance Required for Certain Offenders. I. For purposes of this subdivision, "intell

  • 2026 HB1686-FN amend · effective 2027-01-01

    otor vehicle offenses. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Subdivision; Intelligent Speed Assistance Program. Amend RSA 265 by inserting after section 79-c the following new subdivision: Intelligent Speed Assistance Program 265:79-d Intelligent Speed Assistance Required for Certain Offenders. I. For purposes of this subdivision, "intell

  • 2026 HB1703 amend

    adways. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Registration of Bicycles and Electric Bicycles; Penalty. Amend RSA 265 by inserting after section 144-a the following new section: RSA 265:144-b Registration of Bicycles and Electric Bicycles; Penalty. All bicycles and electric bicycles, if operated on a public way shall be registered w

  • 2026 HB1703-FN amend

    adways. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Registration of Bicycles and Electric Bicycles; Penalty. Amend RSA 265 by inserting after section 144-a the following new section: RSA 265:144-b Registration of Bicycles and Electric Bicycles; Penalty. All bicycles and electric bicycles, if operated on a public way shall be registered w