jjjj wrote:I know if I ask this to 3 different cops I'll get 3 different answers.
Of course. The reason being that the legislation is not clear. The 2 relevant sections of the HTA are 175 (11) and 175 (12).
(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.
(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.
Subsection 12 uses the phrase "approaching from the rear", which is clear. When the bus ahead of you stops, your obligations are set out in subsection 12.
Subsection 11 is less clear. It refers to "meeting on a highway, other than a highway with a median strip". Meeting could mean meeting from the rear, meeting as in approaching head on, or meeting as in approaching from the side. Clearly meeting from the rear is excluded from the interpretation because it is covered explicitly by the following subsection. It remains to be seen whether meeting applies to approaching from the side.
The arguments for the inclusion of side approaching in the definition of meeting are as follows: common sense dictates that the purpose of this section is about safety of children getting off the bus and it wouldn't be safe for cars to be making a turn and driving by a school bus that was letting kids on/off.
The arguments against the inclusion of side approaching are as follows: the section refers to a highway without a median strip, which only seems to be relevant for vehicles approaching the bus from head on, on the opposite side of the divided highway. Also, there are other sections (148(1) and 148(7)), where the term "meeting" is used, where the context makes it much clearer that it refers only to head on approach.
As you can see, it's not a cut and dry issue. It depends on the articulation of both sides and, ultimately, who is able to convince the JP that they're right.[/u]