N.C.P.I.—Crim. 270.75

The defendant has been charged with passing a stopped school bus.

For you to find the defendant guilty of this offense, the State must

prove five things beyond a reasonable doubt:

First, that a school bus 1 was being operated on a [street] [highway]

[public vehicular area]. 2

Second, that the school bus bore upon its front and rear a plainly

visible sign containing the words “school bus.”

Third, that this school bus was [displaying an activated or extended

mechanical stop sign] [flashing its red stoplights] and was stopped for the

purpose of receiving or discharging passengers.

Fourth, that the defendant was the driver of a vehicle approaching this

school bus on the same [street] [highway] [public vehicular area].

And Fifth, that this vehicle [moved] [[passed] [attempted to pass] the

school bus] before [its mechanical stop signal had been withdrawn] [the

flashing red stoplights had been turned off] and the school bus had started

to move.

If you find from the evidence beyond a reasonable doubt that on or

about the alleged date a school bus was being operated on a [street]

[highway] [public vehicular area], that it bore upon its front and rear a

plainly visible sign containing the words “school bus,” that this school bus

was [displaying an activated or extended mechanical stop sign] [flashing its

red stoplights] and was stopped for the purpose of discharging or receiving

passengers, that a vehicle being operated by the defendant approached this

school bus on the same [street] [highway] [public vehicular area] and that

the vehicle [moved] [[passed] [attempted to pass] this school bus] before

[its mechanical stop signal had been withdrawn] [the flashing red stoplights

had been turned off] and the school bus had started to move, it would be

your duty to return a verdict of guilty. If you do not so find, or if you have a

reasonable doubt as to one or more of these things, it would be your duty to

return a verdict of not guilty.