Can I Go To Jail for Passing a School Bus?
When you’re running late or distracted, you might be tempted to pass a stopped school bus. But in Texas, that decision can carry steep consequences. Passing a school bus that is stopped with flashing red lights and extended stop arm is not just a traffic violation—it’s a serious offense that endangers children’s lives.
If you’re wondering whether passing a school bus can land you in jail, the short answer is: yes, it can—depending on the circumstances. This article breaks down Texas law, the penalties you could face, and what to do if you’ve been cited or arrested for this violation.
Why Passing a School Bus Is Taken So Seriously
Every day in Texas, more than a million children ride school buses to and from school. According to the Texas Department of Transportation (TxDOT), drivers illegally pass stopped school buses thousands of times each year. Unfortunately, these violations can lead to severe injuries or even fatalities if a child is struck while crossing the road.
Because of this risk, Texas has some of the strictest laws in the country regarding school bus safety. Lawmakers have made it clear: protecting children around school buses is a top priority, and penalties are intentionally severe to deter dangerous behavior.
What Texas Law Says About Passing a School Bus
Under Texas Transportation Code Section 545.066, drivers must stop when approaching a school bus that is stopped with:
Flashing red lights activated, or
The stop sign (stop arm) extended.
You must remain stopped until:
The bus resumes motion,
The driver signals you to proceed, or
The lights and stop arm are no longer in use.
The law applies whether you’re driving from behind or approaching head-on. The only exception is if you’re traveling on the opposite side of a divided roadway with a physical barrier or median separating lanes.
Penalties for Passing a School Bus in Texas
First Offense
Fine between $500 and $1,250
No option for defensive driving to dismiss the ticket
Repeat Offense (within 5 years)
Fine up to $2,000
Driver’s license suspension possible
Accidents or Injuries
If your violation results in an accident that injures or kills a child, you could face:
Criminal charges, including reckless driving or even criminally negligent homicide
Jail or prison time, depending on the severity of the case
Can You Really Go to Jail for Passing a School Bus?
In most first-time cases, you will not go to jail—only face expensive fines and penalties. However, jail is absolutely possible if:
You’re a repeat offender – Courts may impose harsher penalties, including jail time, to send a message.
You cause an accident – Hitting a child while illegally passing a bus can result in criminal charges.
Your actions are considered reckless – Texas law allows prosecutors to pursue reckless driving charges, which carry possible jail sentences.
So while jail is not the norm for first violations, the law does allow for it—and the risk increases significantly if anyone is injured.
Why Police and Courts Enforce This Strictly
School zones and school buses are high-risk areas where children may act unpredictably. Unlike adults, kids might run across the street without checking traffic. Law enforcement officers and judges enforce bus-passing violations aggressively because even one careless decision could change lives forever.
Cameras are also increasingly being installed on school buses to catch violators. This means you could be ticketed even if no officer witnesses the event in real time.
What To Do If You’ve Been Charged with Passing a School Bus
If you’ve been cited or arrested for this offense, here are important steps to take:
Do not ignore the ticket or citation – Fines increase if you fail to respond.
Understand the charge – Determine if it’s a civil violation (fine only) or if criminal charges are being filed.
Consult with a traffic or criminal defense lawyer – They can review your case and help you pursue the best possible outcome.
Avoid repeat offenses – A second or third violation will cost you more than money—it could cost you your license or your freedom.
Safety Tips to Avoid Passing a School Bus
Stay alert in school zones – Expect buses to stop frequently.
Look for flashing yellow lights – These warn the bus is preparing to stop.
Keep a safe following distance – This gives you time to stop.
Slow down – Speeding makes it harder to stop in time.
Always err on the side of caution – If you’re unsure whether to stop, stop.
Why You Should Take This Offense Seriously
Even if you didn’t cause harm, being ticketed for passing a school bus can affect:
Your driving record
Insurance premiums
Employment opportunities (if driving is part of your job)
Your ability to keep your license
The costs extend far beyond the fine. Treat every school bus stop as a mandatory stop to protect yourself legally and, more importantly, to protect children’s lives.
Frequently Asked Questions
Can I go to jail for passing a school bus in Texas?
Yes, you can. While most first violations result in fines only, repeat offenses or cases where someone is injured can lead to criminal charges and jail time.
What is the fine for passing a school bus in Texas?
The fine ranges from $500 to $1,250 for a first offense and can reach $2,000 for repeat violations.
Can I fight a school bus ticket?
Yes. With the help of a lawyer, you may be able to challenge the evidence, especially if it relies on bus camera footage or unclear circumstances.
Does it matter if no children were around?
No. The law requires you to stop whenever the bus has flashing red lights or an extended stop arm, regardless of whether children are visible.
What if I was on the opposite side of a highway?
If there is a physical barrier or median dividing the road, you are not required to stop. Otherwise, you must stop even if approaching head-on.
Final Thoughts
Passing a stopped school bus in Texas is a serious traffic violation with potentially life-changing consequences. While fines are the most common penalty, jail time is possible in repeat or aggravated cases.
The best approach is simple: always stop for school buses when their red lights are flashing or stop arm is extended. Not only does it keep you safe from legal trouble—it could save a child’s life.
