HomeMy Public PortalAboutAB 12-138 Stop Arm Violation MOU
McCALL CITY COUNCIL 216 East Park Street
AGENDA BILL McCall, Idaho 83638
Number AB 12-138
Meeting Date July 12, 2012
AGENDA ITEM INFORMATION
SUBJECT:
School Bus Stops within the Commercial or Business District of the City of McCall
Department Approvals
Initials
Originator
or
Supporter
Mayor / Council
City Manager
Clerk
Treasurer
Community Development
Police department
Originator
Public Works
Golf Course
COST IMPACT:
n/a
Parks and Recreation
FUNDING SOURCE:
n/a
Airport
Library
TIMELINE:
n/a
Information Systems
Grant Coordinator
SUMMARY STATEMENT:
Following a School Bus Stop Arm Violation complaint, a conflict within Idaho Code 49-1422(2) and 49-1422 (2) (a) was discovered. This conflict restricts enforcement of the School Bus
Stop Arm Provision within State Code to the code’s definition of a “Business District.” In McCall this definition would encompass all of Third Street and the Downtown Core.
Deputy Prosecutor Attorney Carol Brockmann in collaboration with McCall City Attorney William Nichols researched this statute. Both attorneys believe action by the McCall City Council
is needed to resolve this discrepancy.
Ms. Brockmann will present two options to correct this issue as follows:
Designate Third Street, Lake Street, and the Downtown Core as a “Business District” and require Harlows Bus services to establish an alternate bus route, which conforms to State statute,
Or;
Take no action which allows Harlows to maintain the status quo.
It is suggested the action for the Council should be how to most safely embark and debark the children. The question of where the busses should stop is one they need to answer considering
the safety factors, weather conditions, as well as the regulations governing Harlows. Attached is Idaho Code 49-1422 for Council Review.
RECOMMENDED ACTION:
Direct staff to pursue option one or two and to draft the necessary ordinance for adoption by Council on July 26, 2012.
RECORD OF COUNCIL ACTION
MEETING DATE
ACTION
July 12, 2012
Council took no action which allowed Harlows to maintain the status quo
Idaho Statutes
TITLE 49
MOTOR VEHICLES
CHAPTER 14
TRAFFIC -- ENFORCEMENT AND GENERAL PROVISIONS
49-1422. Overtaking and passing school bus. (1) The driver of a vehicle meeting or overtaking from either direction any school bus stopped on the highway shall stop before reaching
the school bus when there is in operation on a school bus the visual signals specified in section 49-915, Idaho Code, and the driver of a vehicle shall not proceed until the school
bus resumes motion or the visual signals are no longer actuated. Oncoming traffic on a highway of more than three (3) lanes is not required to stop upon meeting a school bus when visual
signals are actuated. Any person found guilty of violating the provisions of this subsection shall be fined an amount of not less than one hundred dollars ($100) nor more than five
hundred dollars ($500).
(2) Every school bus shall be equipped with visual signals meeting the requirements of section 49-915, Idaho Code, which shall be actuated by the driver of the school bus whenever,
but only whenever the vehicle is stopped on the highway for the purpose of receiving or discharging school children. A school bus driver shall not actuate the special visual signals:
(a) In business districts designated by the department or local authorities; or
(b) At intersections or other places where traffic is controlled by traffic control signals or peace officers; or
(c) In designated school bus loading areas where the bus is entirely off the roadway.
(3) Every school bus shall bear upon the front and rear plainly visible signs containing the words "SCHOOL BUS" in letters not less than eight (8) inches in height. When a school bus
is being operated upon a highway for purposes other than the actual transportation of children either to or from school all markings thereon indicating "school bus" shall be covered
or concealed.
(4) When any school bus is sold and is no longer to be used for the transportation of pupils, before it may again be used on the highways of this state it shall be painted a color other
than school bus chrome and all school bus markings shall be obliterated.
History:
[49-1422, added 1988, ch. 265, sec. 358, p. 751.]
How current is this law?
The Idaho Code is the property of the state of Idaho and is made available on the Internet as a public service. Any person who reproduces or distributes the Idaho Code for commercial
purposes is in violation of the provisions of Idaho law and shall be deemed to be an infringer of the state of Idaho's copyright