Q&A - School Bus Blocking the Intersection

Question: I am wondering about the legalities of the school bus stopping in an intersection to discharge students. Rural road, and the bus stops in the intersection like so: / it crosses the centre line to provide coverage for crossing students. Stop signs out and flashing lights activated.

I believe if the bus were to be involved in an accident at this time, it would be at fault for crossing the centre line. Can you confirm or refute this please?

Is a School Bus Exempt From the Rules of the Road?

What we would refer to as "the rules of the road" are found in Part 3 of the Motor Vehicle Act. All drivers must follow these rules unless they are specifically exempted. Certain classes of drivers and activities are, when done with due care in the circumstances. These exemptions are as follows:

• Section 120 - Public Utilities
• Section 121 - Construction & Maintenance Vehicles
• Section 122 - Emergency Vehicles

Public Utilities

The closest fit for a school bus would be a public utility. This is not defined in the Motor Vehicle Act, but is in the Utilities Commission Act:

"public utility" means a person, or the person's lessee, trustee, receiver or liquidator, who owns or operates in British Columbia, equipment or facilities for

(a) the production, generation, storage, transmission, sale, delivery or provision of electricity, natural gas, steam or any other agent for the production of light, heat, cold or power to or for the public or a corporation for compensation, or

(b) the conveyance or transmission of information, messages or communications by guided or unguided electromagnetic waves, including systems of cable, microwave, optical fibre or radiocommunications if that service is offered to the public for compensation,

but does not include

(c) a municipality or regional district in respect of services provided by the municipality or regional district within its own boundaries,

(d) a person not otherwise a public utility who provides the service or commodity only to the person or the person's employees or tenants, if the service or commodity is not resold to or used by others,

(e) a person not otherwise a public utility who is engaged in the petroleum industry or in the wellhead production of oil, natural gas or other natural petroleum substances,

(f) a person not otherwise a public utility who is engaged in the production of a geothermal resource, as defined in the Geothermal Resources Act, or

(g) a person, other than the authority, who enters into or is created by, under or in furtherance of an agreement designated under section 12 (9) of the Hydro and Power Authority Act, in respect of anything done, owned or operated under or in relation to that agreement;

In the absence of case law to the contrary, a school bus is not part of a public utility and not granted an exemption from Part 3. This means that the driver has to follow the rules for stopping on a highway and the rules for parking on a highway.

The Baltimore System

There are accepted systems for the operation of a school bus, one of which is the Baltimore System:

Loading Students:

Where a Bus Pull-off is provided:

1. Bus pulls into loading zone clear of traffic flashing
2. Takes on students without using red flashing lights or 4 way flashers

Where a Bus Pull-off is not provided:

1. Bus stays in own lane
2.  Uses overhead flashing lights andtakes on students

Unloading Students:

Where a Bus Pull-off is provided:

1. Bus pulls into loading zone, without any lights
2. Students unload; bus leaves; students disperse when safe

Where a Bus Pull-off is not provided:

1. Bus stops in own lane; uses overhead flashing lights
2. Students unload; bus leaves; students disperse when safe

This seems to be the system referred to most often by BC school districts.

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