Virginia HB 2275: Passing stopped school bus; certain local ordinances.

Bill Text

Bill Tracking - 2019 session > Legislation 

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2019 SESSION

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19104223D

HOUSE BILL NO. 2275 

Offered January 9, 2019 

Prefiled January 8, 2019 

A BILL to amend and reenact � 46.2-844 of the Code of 
 Virginia, relating to passing stopped school bus; certain local ordinances. 
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Patrons-- Webert and Thomas 

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Referred to Committee for Courts of Justice 

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Be it enacted by the General Assembly of Virginia:

1. That � 46.2-844 of the Code of Virginia is amended and 
 reenacted as follows:

� 46.2-844. Passing stopped school buses; penalty; prima facie 
 evidence.

A. The driver of a motor vehicle approaching from any 
 direction a clearly marked school bus that is stopped on any highway, private 
 road, or school driveway for the purpose of taking on or discharging children, 
 the elderly, or mentally or physically handicapped persons, who, in violation 
 of � 46.2-859, fails to stop and remain stopped until all such persons are 
 clear of the highway, private road, or school driveway is subject to a civil 
 penalty of $250, and any prosecution shall be instituted and conducted in the 
 same manner as prosecutions for traffic infractions.

A prosecution or proceeding under � 46.2-859 is a bar to a 
 prosecution or proceeding under this section for the same act, and a 
 prosecution or proceeding under this section is a bar to a prosecution or 
 proceeding under � 46.2-859 for the same act.

In any prosecution for which a summons charging a violation of 
 this section was issued within 10 days of the alleged violation, proof that the 
 motor vehicle described in the summons was operated in violation of this 
 section, together with proof that the defendant was at the time of such 
 violation the registered owner of the vehicle, as required by Chapter 6 (� 
 46.2-600 et seq.) shall give rise to a rebuttable presumption that the 
 registered owner of the vehicle was the person who operated the vehicle at the 
 place where, and for the time during which, the violation occurred. Such 
 presumption shall be rebutted if (i) the owner of the vehicle files an 
 affidavit by regular mail with the clerk of the general district court that he 
 was not the operator of the vehicle at the time of the alleged violation, (ii) 
 the owner testifies in open court under oath that he was not the operator of 
 the vehicle at the time of the alleged violation, or (iii) a certified copy of 
 a police report showing that the vehicle had been reported to the police as 
 stolen prior to the time of the alleged violation of this section is presented 
 prior to the return date established on the summons issued pursuant to this 
 section to the court adjudicating the alleged violation. Nothing herein shall 
 limit the admission of otherwise admissible evidence.

The testimony of the school bus driver,