marked vehicles -- Rebuttable presumption as to identity of violator.
(1) If any school or church bus used in the transportation of children is stopped upon a
highway for the purpose of receiving or discharging passengers, with the stop arm
and signal lights activated, the operator of a vehicle approaching from any direction
shall bring his vehicle to a stop and shall not proceed until the bus has completed
receiving or discharging passengers and has been put into motion. The stop
requirement provided for in this section shall not apply to vehicles approaching a
stopped bus from the opposite direction upon a highway of four (4) or more lanes.
(2) Subsection (1) of this section shall be applicable only when the bus displays the
markings and equipment required by Kentucky minimum specifications for school
buses.
(3) If any vehicle is witnessed to be in violation of subsection (1) of this section and the
identity of the operator is not otherwise apparent, it shall be a rebuttable
presumption that the person in whose name the vehicle is registered or leased was
the operator of the vehicle at the time of the alleged violation and is subject to the
penalties as provided for in KRS 189.990(5).
Effective: July 15, 1988
History: Amended 1988 Ky. Acts ch. 262, sec. 1, effective July 15, 1988. -- Amended
1986 Ky. Acts ch. 443, sec. 1, effective July 15, 1986. -- Amended 1964 Ky. Acts ch.
65, sec. 3. -- Amended 1960 Ky. Acts ch. 123, sec. 2. -- Amended 1950 Ky. Acts ch.
96, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942,
from Ky. Stat. sec. 2739g-46a, 2739g-691.
Notes of Decisions
Cited in
6
cases, 1943–1999 · leading case:
MacKey v. Spradlin, 397 S.W.2d 33 (Ky. Ct. App. 1965).
MacKey v. Spradlin, 397 S.W.2d 33 (Ky. Ct. App. 1965).
· cites it 2× “It is contended that in the exercise of ordinary care Mullins should have stopped (or at least that a jury could reasonably so find), as he would have been required by statute to do if the ice cream wagon had been a school or church bus.”
Pike v. George, 434 S.W.2d 626 (Ky. Ct. App. 1968).
“The Constitution, statute and case law of this state reflect a policy of special protection of minors from injury. Kentucky Constitution 243 requires the General Assembly to “fix the minimum ages at which children may be employed in places dangerous to life or health, or…”
Greyhound Corp. v. White, 323 S.W.2d 578 (Ky. Ct. App. 1958).
· cites it 2× “In fact, were it not for the fact that other motorists are not permitted to pass a stopped school bus, KRS 189.370, and the school bus driver therefore might possibly have been justified in assuming that any motorist approaching from the rear would have his vehicle under such…”
Hartford Ins. Companies of Am. v. Kentucky Sch. Boards, 17 S.W.3d 525 (Ky. Ct. App. 1999).
“The Kentucky General Assembly has recognized the dangers involved with children exiting school buses and has provided in KRS 189.370(1), If any school or church bus used in the transportation of children is stopped upon a highway for the purpose of receiving or discharging…”
Lowe v. Commonwealth, 181 S.W.2d 409 (Ky. Ct. App. 1944).
“A school bus had stopped on the highway for the purpose of discharging passengers and Mullins, who was driving an automobile on the highway, passed the school bus while it was standing instead of coming to a complete stop as required by KRS 189.370. In passing the bus he struck…”
Commonwealth v. Mullins, 176 S.W.2d 403 (Ky. Ct. App. 1943).
“370 reads: “(1) Whenever any school bus is stopped upon a highway for the purpose of receiving or discharging passengers, every operator of a vehicle approaching from any direction shall bring his vehicle to a complete stop and shall not start up or attempt to pass until the…”
— Ky. Rev. Stat. § 189.370(1) — 1 case
Hartford Ins. Companies of Am. v. Kentucky Sch. Boards, 17 S.W.3d 525 (Ky. Ct. App. 1999).
“The Kentucky General Assembly has recognized the dangers involved with children exiting school buses and has provided in KRS 189.370(1), If any school or church bus used in the transportation of children is stopped upon a highway for the purpose of receiving or discharging…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.