Failing to stop for a school bus that is already stopped

I recently received a $500 ticket for passing a school bus that was stopped with it’s sign out. I’m not sure about the “letter of the law” but I was on a double lane road with a median in between and I was in the farthest lane away from the bus. I honestly didn’t think I needed to stop. Should I go to my court date and try and fight it? Or was I wrong in assuming that I didn’t need to stop? Also would it be worth it to go to court and explain that I wasn’t aware that I needed to stop…I have never been to court but I’m assuming that an ignorance of the law defense wont work very well.

Ignorance is no excuse  and generally passing a stopped school bus is a deadly sin with a big fine.

BUT if it was a divided road the  MA MVC may say you need not stop from opposite side.

I'm not sure about definition of divided vs median --but it there is a reasonable ambiguity  you might be entitled to benefit of the doubt.

dexman361:

Or was I wrong in assuming that I didn’t need to stop?

You were wrong.  According to MA law only vehicles on a divided HIGHWAY opposite a stopped bus do not need to stop.  A two lane road with a median still requires that vehicles stop for the bus when the flashers indicate it is picking up or discharging passengers.

Massachusetts General Laws Chapter 90, §14 (¶1) A motor vehicle or trackless trolley operator approaching a stopped school bus must stop and not proceed until the flashing red lights are deactivated, unless directed to the contrary by a police officer duly authorized to control the movement of traffic.

§14 (¶1) Traffic approaching from the opposite direction on a divided highway need not stop.

dexman361:

Also would it be worth it to go to court and explain that I wasn’t aware that I needed to stop…I have never been to court but I’m assuming that an ignorance of the law defense wont work very well.

The ignorance of the law rationale will NOT work at all.  Apparently MA had a statewide campaign entitled "Operation Yellow Blitz" to make drivers aware of the stopping for school buses law.  Not that this "I didn't know" excuse worked much in court anyway.  What might work is arguing that the divided roadway you were on complies with the section of the law that motorists are not required to stop and you believed because it was a divided roadway you were not required to stop under that section of the law.  

Briefly describe the nature of the medial strip or whatever divides the two traffic flows

http://www.mass.gov/rmv/dmanual/chapter4.pdf

School Buses
Yellow school buses have flashing red lights and stop signs that fold out from the driver's
side. School pupil transport vehicles, like vans, station wagons, or family sedans, have
flashing red lights and SCHOOL BUS signs on top. Drivers use these warning signals when
letting pupils on and off.
If a school bus or a school pupil transport
vehicle has its lights flashing and a stop
sign extended, you must stop. It is the law.
It does not matter which side of the road
you are traveling on. Remain stopped until
the lights stop flashing or the stop sign folds back.
A first violation of this law can cause a license suspension and a $250 fine.
Even after the warning signals have stopped, you should proceed slowly and continue to
look for children.
The only exception to this law is if a school bus has stopped on the other side of a divided
highway with a barrier between travel directions. In this case, you do not have to stop.

I think your case is going to hinge upon whether there is an actual physical barrier diving the highway or not.  I used to regularly encounter school busses on my drive to work  on a divided highway.  If it was the part that had a guardrail barrier in the middle, you didn't have to stop because it was an actual physical barrier. However, when there was just two lanes in each direction with a turn lane, you had to stop.  

That is NOT necessarily  correct --thats what the drivers manual says and a manual is not law but some sort of summary which may contain editoral errors etc. Gotta go back to actual law--and better yet--case law.

The MA definition of divided highway may be critical---and it might not necessarily mean a solid barrier --one definition of divided highway covers anything that impedes crossing over to other side . You may have a reasonable point if there is some sort of impediment to crossing which supports a view that its a divided highway in that area.

NOT a hair split  I suggest you address--but around me in PA some problems existed when defendants lawyers prevailed on issues that some school  vans were not school busses under our law or some bus lighting systems were not as required by law . And you'll note  MA law addresses flashing red lights not a flapper sign.