PASSING SCHOOL BUSES

Information from the County Attorney's Office

By Steven J. Franzen, Campbell County Attorney

With schools starting back, it may be helpful to review Kentucky’s laws concerning passing school buses.

Prior to stopping a school bus for picking up or letting off children, a bus driver is required to activate amber flashing signal lamps.  Once the bus comes to a complete stop, the bus driver is required to extend the stop arm and activate the red flashing signal lights prior to opening the door of the bus.  Bus drivers are only supposed to stop the buses in locations where there is reasonable visibility to approaching motor vehicles in both directions.  Also, a bus driver is not permitted to stop a bus to pick up or discharge children on the opposite side of a highway of four lanes or more, except for discharging passengers at a marked pedestrian crossing.

If a school or church bus is stopped for the purpose of picking up or letting out passengers with the stop arm and signal lights activated, the operator of any vehicle approaching from any direction must stop for the bus and shall not proceed until the bus has completely let out or picked up all passengers and started moving.  However, these stopping requirements do not apply to vehicles approaching a stopped bus from the opposite direction upon a highway of four (4) or more lanes.  For example, if you are approaching a school bus from the opposite direction on the four lane sections of U. S. 27, Dixie Highway, Burlington Pike, or other four lane roads, you do not have to stop.  On all two-lane roads, the traffic must stop in both directions.      

In order to help deter people from illegally passing school buses and to catch violators, Kentucky law provides that if any vehicle improperly passes a stopped school bus and the identity of the operator cannot be determined, it is 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 violation.  Therefore, if the bus driver or someone else gets the license plate number of a vehicle that improperly passes a school bus, charges can be issued against the registered owner or the person who is leasing the vehicle.  If that person was not in fact the driver, they would need to come into court and prove such.  For instance, if one of your children was driving your car and illegally passed a school bus, you could be charged, and you would have to come into court to explain that it was your child and not you.  In all likelihood, your child would then be charged with passing the school bus.

Passing a school bus illegally is considered a very serious offense under Kentucky law.  The penalty for a first offense is a fine of $100 to $200 and/or 30 to 60 days in jail.  For any subsequent offense within three years, the penalty is from $300 to $500 and/or 60 days to 6 months in jail.  In addition, a conviction for passing a school bus results in six points being assessed against your driver’s license.

We all know how students, especially very young children, sometimes run to and from a school bus without checking traffic.  We all need to be extremely careful when approaching a school bus from any direction that is loading or unloading children.  It seems like every year in Kentucky and other parts of the country children are struck while heading to or from a school bus resulting in death or serious physical injury.

I hope this information is interesting and helpful.  If you have any topics you would like to have covered in this column, please contact my office by e-mail at countyattorney@campbellcountyky.gov, by phone at 491-7700 or by regular mail addressed to 319 York Street, Newport, Kentucky 41071.

KENTUCKY’S COURT SYSTEM

Information from the County Attorney's Office

By Steven J. Franzen, Campbell County Attorney

Most people have very little experience with Kentucky’s Court System unless they are called as jurors.  I thought it may be helpful in this column to do an article explaining the structure of the Kentucky Court System.

There are four different levels of courts in Kentucky.  The two trial court levels are the District Court and the Circuit Court which includes Family Court.  The other two levels, the Kentucky Court of Appeals and the Kentucky Supreme Court, are for cases that are appealed.  Below I will briefly overview each of these courts. 

District Court

District Court is where most people enter the court system for the first time.  District Court handle misdemeanors, violations, traffic cases, juvenile cases, civil cases under $5,000.00, small claims court cases and probate matters among other things.  District Court Judges are elected for four year terms.  Six member juries are used in District Court.  A unanimous decision is needed to render a verdict in criminal cases, while civil cases require a five-sixths majority.  The County Attorney’s Office prosecutes criminal, traffic and juvenile cases in District Court. 

Circuit Court

Circuit Court has jurisdiction over all felony cases, civil cases of more than $5,000.00, divorce and custody cases, appeals from District Court and contested probate cases.  Judges for Circuit Court serve eight year terms.  Circuit Court juries consist of twelve members and criminal trial verdicts must be unanimous, but civil trials only require a three-fourths majority.  Felony criminal trials in the Circuit Court are prosecuted by the Commonwealth Attorney’s Office.

Family Court

Family Courts only exist in certain counties throughout Kentucky to include Campbell County.  The Family Court is considered part of the Circuit Court and deals with some of the matters normally handled in the District Court and also some of the matters normally handled in the regular Circuit Court.  Family Courts handle divorce, child custody, visitation, child support, adoption, termination of parental rights, domestic violence, paternity and juvenile matters such as dependency, abuse, neglect and status offenses such as truancy and runaways. 

Court of Appeals

The Court of Appeals reviews cases that have already been tried in a lower court, such as District or Circuit Court.  There are 14 judges on this Court and they are divided into panels of no more than three judges.  Two appeals judges are elected from each appellate district for terms of eight years.

Supreme Court

The Supreme Court of Kentucky is the court of last resort and the final interpreter of state law. It consists of seven justices who are elected from the seven appellate districts and serve eight-year terms.  The Supreme Court is composed of a Chief Justice and six other justices that collectively as a panel review decisions of lower courts.  Rulings that impose the death sentence, life imprisonment, or 20 years or more imprisonment automatically go to the Supreme Court. The Supreme Court also can discipline lawyers and has authority in determining the rules of practice and procedure for the entire court system.

I hope this information is interesting and helpful.  If you have any topics you would like to have covered in this column, please contact my office by e-mail at countyattorney@campbellcountyky.gov, by phone at 491-7700 or by regular mail addressed to 319 York Street, Newport, Kentucky 41071