§ 42-4-1904. Regulations for School Buses – Regulations on Discharge of Passengers – Penalty – Exception – Definition

1. The state board of education, by and with the advice of the executive director of the department, shall adopt and enforce regulations not inconsistent with this article to govern the operation of all school buses used for the transportation of schoolchildren and to govern the discharge of passengers from such school buses. Such regulations shall prohibit the driver of any school bus used for the transportation of schoolchildren from discharging any passenger from the school bus which will result in the passenger’s immediately crossing a major thoroughfare, except for two-lane highways when such crossing can be done in a safe manner, as determined by the local school board in consultation with the local traffic regulatory authority, and shall prohibit the discharging or loading of passengers from the school bus onto the side of any major thoroughfare whenever access to the destination of the passenger is possible by the use of a road or street which is adjacent to the major thoroughfare. For the purposes of this section, a “major thoroughfare” means a freeway, any U.S. highway outside any incorporated limit, interstate highway, or highway with four or more lanes, or a highway or road with a median separating multiple lanes of traffic. Every person operating a school bus or responsible for or in control of the operation of school buses shall be subject to said regulations.
2. Any person operating a school bus under contract with a school district who fails to comply with any of said regulations is guilty of breach of contract, and such contract shall be canceled after notice and hearing by the responsible officers of such district.
3. [ Editor’s note: This version of subsection (3) is effective until March 1, 2022.] Any person who violates any provision of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than five dollars nor more than one hundred dollars, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment.

   (3) [ Editor’s note: This version of subsection (3) is effective March 1, 2022. ] Any person who violates any provision of this section commits a petty offense.

4. The provisions of this section shall not apply in the case of public transportation programs for pupil transportation under section 22-51-104 (1)(c), C.R.S.

Source: L. 94: Entire title amended with relocations, p. 2438, § 1, effective January 1, 1995. L. 2021: (3) amended, (SB 21-271), ch. 462, p. 3317, § 740, effective March 1, 2022.

Editor’s note:

1. This section is similar to former § 42-4-613 as it existed prior to 1994.
2. Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.

Cross references: For penalties for petty offenses, see § 18-1.3-503.