Passing a stopped school bus in New York is now an 8-point ticket. That is one of the highest point values for a moving violation in the state. It used to be 5 points. The change applies to any violation on or after February 16, 2026.
Eight points matter more than they sound. New York can suspend your license at 11 points in 24 months. So one school bus ticket plus one ordinary 3-point ticket can put your license at risk.
The ticket is not the end of the story. It is a decision point. Here is what the law says, what it costs, and what to do before you respond.
What changed in 2026
- Points went up. Passing a stopped school bus is now 8 points, up from 5.
- The date of the violation decides. Violations on or before Feb 15, 2026 still carry 5 points. On or after Feb 16, 2026: 8 points.
- Points count for longer. The DMV now looks back 24 months, not 18, when deciding whether to suspend.
- Repeat fines went up. A third conviction within 3 years can now cost up to $1,500, up from $1,000.
When You Must Stop for a School Bus
You must stop when a school bus is stopped to pick up or drop off passengers and its red lights are flashing. This applies whether you are behind the bus or coming toward it from the other direction.
- Red lights flashing: Stop before you reach the bus.
- Stay stopped until the bus starts moving again, or the bus driver or a police officer waves you on.
- School grounds count. The law also covers school parking lots, driveways, and access roads.
- Yellow lights flashing mean the bus is about to stop. Slow down and get ready.
The bus driver must keep the red lights on until children are at least 15 feet from the bus and off the road or on a sidewalk. That is why the wait can feel long. It is built into the law.
Penalties for Passing a Stopped School Bus
| Conviction | Fine | Possible jail | Points* |
|---|---|---|---|
| First | $250–$400 | Up to 30 days | 8 |
| Second within 3 years | $600–$750 | Up to 180 days | 8 |
| Third or more within 3 years | $750–$1,500 | Up to 180 days | 8, plus license revocation for at least 6 months |
*For violations on or after February 16, 2026. Earlier violations carry 5 points.
A mandatory state surcharge of $88 or $93 is added on top of the fine, depending on the court. A court can impose a fine, jail, or both.
Why 8 Points Is a Bigger Deal Than It Looks
Most drivers think of points one ticket at a time. The DMV does not. It adds up every point from the last 24 months.
- 11 points in 24 months can lead to a license suspension.
- 8 points from one school bus ticket leaves you 3 points from that line.
- A common 3-point ticket — like speeding 1 to 10 mph over, or failing to yield — would close the gap.
Here is a simple example. You get a school bus ticket in March 2026 and are convicted. In January 2027 you get a 3-point speeding ticket and are convicted. Both fall inside 24 months. That is 11 points.
Points can also raise your insurance. Insurers set their own rules, so ask your carrier how a conviction would affect your rate.
Police Ticket or Camera Ticket? They Are Not the Same
Many school buses now carry stop-arm cameras. A camera ticket and a police ticket look similar, but they work very differently.
| Police-issued ticket | Stop-arm camera ticket | |
|---|---|---|
| Who is charged | The driver | The vehicle owner |
| Points | 8 | None |
| Fine | $250–$1,500 plus surcharge | Typically $250 first, $275 second, $300 third (within 18 months) |
| Jail possible | Yes | No |
| On your driving record | Yes | No |
Camera fines are set by local law, so check the notice you received. A camera ticket is mailed to the owner. A police ticket is handed to the driver.
Common Defenses to a School Bus Ticket
New York courts have read VTL 1174 narrowly. In People v. Brooks, 2013 NY Slip Op 23005, the court said the law is "not violated every time one fails to stop for a school bus." It applies only when both of these are true:
- The bus was stopped to pick up or drop off passengers.
- The bus was showing its flashing red lights and/or stop arm.
That opens two lines of questions a lawyer may raise:
- Was the bus really loading or unloading? A bus stopped in traffic is not the same thing.
- Were the red lights or stop arm on? If not, the law may not apply.
A second line of defense is whether you ever "met" or "overtook" the bus at all. Courts have dismissed cases where that element was missing, including People v. Giambanco and People v. Salzberg, 47 Misc 2d 866 (1965).
Every case turns on its own facts. A defense that worked in one court does not guarantee the same result in yours.
What to Do Before You Respond
- Check the date of the violation. On or after Feb 16, 2026 means 8 points, not 5.
- Check your record. Count every point from the last 24 months on MyDMV. Add 8.
- Write down what you saw. Lights, stop arm, road layout, direction of travel, time. Do it while you remember.
- Note which court is on the ticket. In NYC, most moving violations go to the Traffic Violations Bureau (TVB), which does not allow plea bargaining. Outside NYC, local courts have their own procedures.
- Do not just pay it. Paying is a guilty plea. The 8 points go on your record.
- Watch the response deadline. Missing it can lead to a license suspension.
Talk to Us About Your School Bus Ticket
Get a free case review from Rosenblum Law. Our team will call you back, explain your options, and tell you how we can help. Quick, free, and no obligation.
Call 888-883-5529.
Frequently Asked Questions
How many points is passing a school bus in New York?
Eight points for violations on or after February 16, 2026. Violations before that date carry 5 points.
Can one school bus ticket suspend my license?
Not by itself, on a clean record. But 8 points puts you 3 points from the 11-point suspension line for the next 24 months.
Do I have to stop if the bus is on the other side of the road?
Yes. The law applies when you meet or overtake the bus from either direction.
Does a stop-arm camera ticket put points on my license?
No. Camera tickets are owner fines with no points and no driving-record entry.
Can I go to jail for passing a school bus?
The law allows up to 30 days for a first conviction and up to 180 days for repeat convictions within 3 years.
What happens on a third offense?
A fine of $750 to $1,500, up to 180 days in jail, and revocation of your license for at least 6 months.
Official Text of New York's School Bus Law
New York Vehicle and Traffic Law § 1174. Overtaking and passing school bus.
(a) The driver of a vehicle upon a public highway, street or private road upon meeting or overtaking from either direction any school bus marked and equipped as provided in subdivision twenty of section three hundred seventy-five of this chapter which has stopped on the public highway, street or private road for the purpose of receiving or discharging any passengers, or which has stopped because a school bus in front of it has stopped to receive or discharge any passengers, shall stop the vehicle before reaching such school bus when there is in operation on said school bus a red visual signal as specified in subdivision twenty of section three hundred seventy-five of this chapter and said driver shall not proceed until such school bus resumes motion, or until signaled by the driver or a police officer to proceed. For the purposes of this section, and in addition to the provisions of section one hundred thirty-four of this chapter, the term "public highway" shall mean any area used for the parking of motor vehicles or used as a driveway located on the grounds of a school or of a board of cooperative educational services facility or any area used as a means of access to and egress from such school or facility.
(c) Every person convicted of a violation of subdivision (a) of this section shall: for a first conviction thereof, be punished by a fine of not less than two hundred fifty dollars nor more than four hundred dollars or by imprisonment for not more than thirty days or by both such fine and imprisonment; for a conviction of a second violation, both of which were committed within a period of three years, such person shall be punished by a fine of not less than six hundred dollars nor more than seven hundred fifty dollars or by imprisonment for not more than one hundred eighty days or by both such fine and imprisonment; upon a conviction of a third or subsequent violation, all of which were committed within a period of three years, such person shall be punished by a fine of not less than seven hundred fifty dollars nor more than one thousand five hundred dollars or by imprisonment for not more than one hundred eighty days or by both such fine and imprisonment.
Sources
- NY Vehicle and Traffic Law § 1174 — NY State Senate
- DMV Reminds New Yorkers of Updated Point Values for Driving Violations — NY DMV, Feb 5, 2026
- DMV memo on 2026 point value changes — NY DMV, Jan 30, 2026
- NYC school bus stop-arm camera rules — NYC Department of Finance
