South Congaree, SC 04/19/2023 (Captain Chris Garner) - South Carolina law requires you stop for the entire time a school bus is stopped or preparing to stop with its red or amber lights flashing or its stop arm extended. After the school bus’s red and/or amber lights have stopped flashing and the stop arm is no longer visible, you should proceed slowly, and cautiously watching for children. Law requires these actions whether you are meeting the school bus or traveling behind it under the following conditions:
On any two-lane highway.
On any four-lane or multi-lane highway only when traveling behind a school bus.
When attempting to pass a school bus that has red or amber signals flashing.
You are required to STOP for a stopped school bus when driving on a two-lane road.
You do not have to stop for a school bus in the following circumstances:
When the school bus is in a passenger loading zone completely off the main travel lanes and when pedestrians are not allowed to cross the roadway.
A driver of a vehicle does not have to stop upon meeting a stopped school bus when traveling in the opposite direction on a multi-lane highway or multi-lane private road. A multi-lane highway or multi-lane private road is defined as a highway or private road that consists of four lanes, having at least two traffic lanes in each direction. You must always stop on any highway when you are behind the bus. When you have stopped, you must not proceed until the school bus moves or the red lights are no longer flashing.
Always watch for children as they walk away from the bus, for example dropping something causing them to go back to the highway to retrieve it especially on the traveled portion.
Watch for any suspicious activity as children get off the bus. This could be very subtle but it may include something as simple as a look on the child's face as they are met by an adult who appears to be routinely picking them up. If a child has misbehaved at school and faces punishment of some sort at home, they may appear crestfallen, sad, and even begin crying depending on their age. There is a difference between the look of distress and terror. No child should ever live in terror of an adult or guardian.
In the event you see something, or someone notify law enforcement immediately! The fine for this violation is a minimum of $500.00 and 6 points, (A) A driver of a vehicle violating § 56-5-2770 (A) or (C) is guilty of a misdemeanor and, upon conviction, entry of a plea of guilty or nolo contendere, or forfeiture of bail for a first offense must be fined not less than five hundred dollars or imprisoned not more than thirty days. In lieu of imprisonment, the court may require that the individual complete an appropriate term of community service of not fewer than ten days upon terms and conditions the court considers proper. Notwithstanding any other provision of law, a first offense for a violation of § 56-5-2770 (A) or (C) may be tried in magistrate’s court. Upon conviction, entry of a plea of guilty or nolo contendere, or forfeiture of bail for a second or subsequent violation of § 56-5-2770 (A) or (C), a person is guilty of a misdemeanor and must be fined not less than two thousand dollars or more than five thousand dollars or imprisoned for not fewer than thirty days and not more than sixty days.
(B) If a driver of a vehicle violates § 56-5-2770 (A) or (C), and the violation proximately causes great bodily injury or death to a pedestrian, the person is guilty of a felony and, upon conviction, entry of a plea of guilty or nolo contendere, or forfeiture of bond, the person must be:
(1) fined not less than five thousand dollars or more than ten thousand dollars and imprisoned for not less than sixty days or more than one year when great bodily injury results;
(2) fined not less than ten thousand dollars or more than twenty-five thousand dollars and imprisoned for not less than one year or more than five years when death results.
As used in this subsection, "great bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
The Department of Motor Vehicles shall suspend the driver’s license of a person who is convicted or who receives a sentence upon a plea of guilty or nolo contendere pursuant to this subsection for the term of imprisonment plus one year.
If you have further question about laws on passing stopped school busses, call (803) 755-2760 and listen to the prompts. Once you are transferred to the Police Department, ask to speak with Captain Chris Garner. You may need to leave a message however he will get back with you.
ABOUT THE AUTHOR: Captain Chris Garner has over 40 years of law enforcement experience. He is a third-generation officer and his son William, who now works at the Lexington Police Department, is following in his father’s footsteps as the fourth generation. Prior to becoming a part of the leadership team with the South Congaree Police Department, Captain Garner retired as a region commander with the Lexington County Sheriff’s Department. He then reorganized and restarted the at that time dormant Pelion Police Department, where he later retired again at the rank of chief. He then worked part-time with the Springfield Police Department in Orangeburg County, and then worked for many years part-time at South Congaree PD while maintaining his certification as a police officer and instructor for the SC Criminal Justice Academy. He was recently promoted to the position of captain and Support Service Division head. He is married to Connie Shockley Garner who worked in a leadership position for the Eleventh Circuit Solicitors Office for decades. She is the daughter of Judge William “Bill” Shockley. Judge Shockley was also a Lexington County Sheriff’s Deputy prior to being elected magistrate over the Swansea Magistrate District in Lexington County.
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