“School Buses - Section 175”

(1) In this section,

"children" means,

(a) persons under the age of eighteen, and

(b) in the case where a school bus is being operated by or under a contract with a school board or other authority in charge of a school for the transportation of children to or from school, includes students of the school; ("enfants")

"developmental disability" means a condition of mental impairment, present or occurring during a persons formative years, that is associated with limitations in adaptive behaviour; ("d©ficience intellectuelle")

"school" does not include a post-secondary school educational institution; ("©cole")

"school bus" means a bus that,

(a) is painted chrome yellow, and

(b) displays on the front and rear thereof the words "school bus" and on the rear thereof the words "do not pass when signals flashing". ("autobus scolaire") R.S.O. 1990, c. H.8, s. 175 (1); 2001, c. 13, s. 18 (1, 2).

Meaning of "bus"

(2) For the purposes of subsection (3), a motor vehicle shall be deemed to be a bus if it is or has been operated under the authority of a permit for which a bus registration or validation fee was paid in any jurisdiction. R.S.O. 1990, c. H.8, s. 175 (2).

(3) No bus, except a bus that at any time during its current validation period is used to transport children or to transport adults who have developmental disabilities, shall be painted chrome yellow. R.S.O. 1990, c. H.8, s. 175 (3); 2001, c. 13, s. 18 (3).

(4) No motor vehicle on a highway, other than a school bus, shall have displayed thereon the words "school bus" or the words "do not pass when signals flashing" or be equipped with a school bus stop arm. R.S.O. 1990, c. H.8, s. 175 (4).

Driving motor vehicle, subss. (3) and (4)

(5) No person shall drive or operate a motor vehicle on a highway that contravenes subsection (3) or (4). R.S.O. 1990, c. H.8, s. 175 (5).

School bus driver, signals

(6) Subject to subsection (9), every school bus driver,

(a) who is about to stop on a highway for the purpose of receiving or discharging children or receiving or discharging adults who have developmental disabilities, shall actuate the overhead red signal-lights on the bus;

(b) as soon as the bus is stopped for a purpose set out in clause (a), shall actuate the school bus stop arm; and

(c) while the bus is stopped for a purpose set out in clause (a) on a highway, shall continue to operate the overhead red signal-lights and stop arm until the passengers have been received or discharged and until all passengers having to cross the highway have completed the crossing. R.S.O. 1990, c. H.8, s. 175 (6); 2000, c. 26, Sched. O, s. 14; 2001, c. 13, s. 18 (4).

(7) Clause 170 (1) (a) does not apply to a driver who stops in accordance with subsection (6). R.S.O. 1990, c. H.8, s. 175 (7).

(8) No person shall actuate the overhead red signal-lights or the stop arm on a school bus on a highway under any circumstances other than those set out in subsection (6). R.S.O. 1990, c. H.8, s. 175 (8).

(9) No person shall actuate the overhead red signal-lights or the stop arm on a school bus,

(a) at an intersection controlled by an operating traffic control signal system;

(b) at any other location controlled by an operating traffic control signal system at,

(i) a sign or roadway marking indicating where the stop is to be made,

(ii) the area immediately before entering the nearest crosswalk, if there is no sign or marking indicating where the stop is to be made, or

(iii) a point not less than five metres before the nearest traffic control signal, if there is no sign, marking or crosswalk; or

(c) within sixty metres from a location referred to in clause (a) or (b). R.S.O. 1990, c. H.8, s. 175 (9).

School bus loading zones

(10) No person shall stop a school bus on a highway for the purpose of receiving or discharging children or receiving or discharging adults who have developmental disabilities,

(a) opposite a designated school bus loading zone; or

(b) at a designated school bus loading zone, except as close as practicable to the right curb or edge of the roadway. R.S.O. 1990, c. H.8, s. 175 (10); 2001, c. 13, s. 18 (5).

Duty of drivers when school bus stopped

(11) Every driver or street car operator, when meeting on a highway, other than a highway with a median strip, a stopped school bus that has its overhead red signal-lights flashing, shall stop before reaching the bus and shall not proceed until the bus moves or the overhead red signal-lights have stopped flashing. R.S.O. 1990, c. H.8, s. 175 (11).

Idem

(12) Every driver or street car operator on a highway, when approaching from the rear a stopped school bus that has its overhead red signal-lights flashing, shall stop at least twenty metres before reaching the bus and shall not proceed until the bus moves or the overhead red signal-lights have stopped flashing. R.S.O. 1990, c. H.8, s. 175 (12).

(13) A council of a municipality may by by-law designate school bus loading zones, in accordance with the regulations, on highways under its jurisdiction and, where it does so, subsection (6) does not apply to a driver about to stop or stopping in a zone so designated. R.S.O. 1990, c. H.8, s. 175 (13).

(14) No by-law passed under subsection (13) becomes effective until the highways or portions thereof affected have signs erected in compliance with this Act and the regulations. R.S.O. 1990, c. H.8, s. 175 (14).

Regulations

(15) The Lieutenant Governor in Council may make regulations,

(a) respecting the operation of vehicles used for transporting children or for transporting adults who have developmental disabilities;

(b) prescribing the type, design and colour of vehicles referred to in clause (a) and the markings to be displayed thereon;

(c) requiring the use of any equipment on or in vehicles referred to in clause (a) and prescribing the standards and specifications of the equipment;

(d) prescribing the qualifications of drivers of vehicles referred to in clause (a) and prohibiting the operation thereof by unqualified persons;

(e) requiring the inspection of vehicles referred to in clause (a);

(f) respecting the designation of school bus loading zones, the location thereof, the erection of signs and the placing of markings on highways;

(g) prescribing the books and records that shall be kept by persons who operate vehicles used for transporting children or for transporting adults who have developmental disabilities;

(h) requiring the retention of prescribed books and records within vehicles and prescribing the information to be contained and the entries to be recorded in the books or records;

(i) governing the service of offence notices for the purposes of subsections (26), (27) and (28), including deeming service to have been effected on a date determined in accordance with the regulations. R.S.O. 1990, c. H.8, s. 175 (15); 2001, c. 13, s. 18 (6, 7); 2004, c. 22, s. 5 (1).

(16) Any regulation made under subsection (15) may be general or particular in its application. R.S.O. 1990, c. H.8, s. 175 (16).

(17) Every person who contravenes subsection (11) or (12) is guilty of an offence and on conviction is liable,

(a) for a first offence, to a fine of not less than $400 and not more than $2,000; and

(b) for each subsequent offence, to a fine of not less than $1,000 and not more than $4,000 or to imprisonment for a term of not more than six months, or to both. 1997, c. 12, s. 14.

(18) An offence referred to in subsection (17) committed more than five years after a previous conviction for either of the offences referred to in subsection (17) is not a subsequent offence for the purpose of clause (17) (b). R.S.O. 1990, c. H.8, s. 175 (18).

(19) A person who issues a certificate of offence or who prepares an information to be laid under the Provincial Offences Act for a contravention of subsection (11) shall, despite that Act and the regulations under that Act, specify this subsection, instead of subsection (11), as the provision that was contravened, if the defendant is being charged as the owner of the vehicle. 2004, c. 22, s. 5 (2).

(20) A person who issues a certificate of offence or who prepares an information to be laid under the Provincial Offences Act for a contravention of subsection (12) shall, despite that Act and the regulations under that Act, specify this subsection, instead of subsection (12), as the provision that was contravened, if the defendant is being charged as the owner of the vehicle. 2004, c. 22, s. 5 (2).

(21) A certificate of offence, offence notice, information or summons that specifies subsection (19) or (20) as the provision that was contravened shall be deemed to specify that subsection (11) or (12) was contravened, as the case may be. 2004, c. 22, s. 5 (2).

(22) No charge shall be dismissed, and no certificate of offence or information shall be quashed, on the basis that a certificate of offence, offence notice, information or summons specifies subsection (19) or (20) instead of subsection (11) or (12) as the provision that was contravened. 2004, c. 22, s. 5 (2).

(23) A certificate of offence or information that specifies subsection (11) or (12) as the provision that was contravened shall not be amended to specify subsection (19) or (20) and a certificate of offence or information that specifies subsection (19) or (20) as the provision that was contravened shall not be amended to specify subsection (11) or (12), without the consent of the prosecutor and the defendant. 2004, c. 22, s. 5 (2).

(24) The purpose of subsections (19) to (23) is to facilitate the use of computer systems that are maintained by the Government of Ontario for recording and processing information related to provincial offences. 2004, c. 22, s. 5 (2).

Provincial Offences Act, Part I

(25) No summons shall be issued under clause 3 (2) (b) of the Provincial Offences Act in proceedings alleging an offence under subsection (19) or (20). 2004, c. 22, s. 5 (2).

Service of offence notice

(26) An offence notice issued in proceedings alleging an offence under subsection (19) or (20) may be served in accordance with the regulations, in which case subsections 3 (3) to (7) of the Provincial Offences Act do not apply. 2004, c. 22, s. 5 (2).

(27) If the provincial offences officer who issues the certificate of offence also serves the offence notice, that officer shall certify, on the certificate of offence, the fact that he or she took the steps authorized by the regulations to serve the offence notice and the date those steps were taken. 2004, c. 22, s. 5 (2).

Evidence

(28) A certificate referred to in subsection (27) purporting to be signed by the provincial offences officer who issued it shall be received in evidence and is proof of service in the absence of evidence to the contrary. 2004, c. 22, s. 5 (2).