ICJI 1040

ICJI 1040 PASSING SCHOOL BUS

In order for the defendant to be guilty of Overtaking and Passing a School Bus, the state must prove each of the following:

1. On or about [date],

2. in the state of Idaho,

3. the defendant [name], while driving a vehicle [on a highway of three (3) lanes or less],

4. [met] [overtook] a school bus

5. which was stopped on the highway,

6. the school bus had visual signals in operation, and

7. [the defendant failed to stop before reaching the school bus] [or] [the defendant stopped and then proceeded on before the school bus either resumed motion or turned off the visual signals].

If any of the above has not been proven beyond a reasonable doubt, you must find the defendant not guilty. If each of the above has been proven beyond a reasonable doubt, then you must find the defendant guilty.

The "visual signals" on the school bus must be as follows:

(a) signal lamps mounted as high and as widely spaced laterally as practicable which display to the front and to the rear two (2) alternately flashing red lights located at the same level which are visible at five hundred (500) feet in normal light;

(b) yellow signal lamps mounted near and at the same level as each of the four, above-described red lamps, but closer to the vertical centerline of the bus, which display to the front and to the rear two (2) alternately flashing yellow lights which are visible at five hundred (500) feet in normal light; and

(c) a semaphore stop arm, with a driver-controlled mechanism, mounted on the left side of the bus opposite the driver's seat, which stop arm is a flat eighteen-inch octagon, exclusive of brackets for mounting, with reflectorized material on both sides, and is red in color with a silver white border and with six-inch high, three-quarter inch wide, silver white letters reading "stop."

The above-described yellow signal lamps shall be displayed at least two hundred (200) feet before every stop, and the above-described red signal lamps shall be displayed while the school bus is stopped.

Comment

I.C. �� 49-1422 & 49-915. The bracketed wording "on a highway of three (3) lanes or less" applies only when the defendant met the school bus.