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S.F. No. 2785 - School Bus Flagger Motor Vehicle Driver Stop Requirement (First Engrossment)
Author: Senator Tom Saxhaug
Prepared By: Krista Boyd, Senate Fiscal Analyst (651/296-7681)
Chris Turner, Senate Fiscal Analyst (651/296-4350)
Date: April 1, 2016


Section 1 amends the section of statute on safety of school children in the chapter on traffic regulations. It allows a person to stop vehicles on streets with a posted speed limit of 35 miles per hour or less if the person is (1) designated as a flagger by a school district, and (2) controlling traffic to allow school buses to leave or enter school property to or from the adjacent street.  A motor vehicle operator who has been stopped by the flagger may proceed only upon instruction by the flagger or a police officer.

Section 2 directs the Commissioner of Public Safety to set safety and equipment standards for school bus flaggers.

Section 3 states that a person who fails to stop a vehicle at the direction of a school bus flagger is guilty of a petty misdemeanor.

Section 4, paragraph (a) allows a peace officer to arrest a driver if there is probable cause to believe that the driver has violated, within the past four hours, the requirement to stop for a school bus flagger.

Paragraph (b) authorizes a peace officer to issue a citation to a driver if there is probable cause to believe the driver has violated, in the past four hours, the requirement to stop for a bus flagger, even if the violation was not committed in the presence of the officer.

Paragraph (c) provides that probable cause is sufficient for the purposes of this section when the person cited is operating the vehicle described by a school bus driver in a report filed by the bus driver within four hours of the incident.

Section 5 states that the owner of a vehicle that failed to stop for a school bus flagger is guilty of a petty misdemeanor, and that this does not prohibit or limit the prosecution of the vehicle’s operator for this violation.

Section 6 includes a cross-reference to the school bus flagger provision under the subdivision on evidentiary presumption.

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