House Bill 1402

AN ACT TO AMEND SECTION 63-3-616, MISSISSIPPI CODE OF 1972, TO PROHIBIT SCHOOL BUS DRIVERS FROM STOPPING IN A LOCATION OF LIMITED VISIBILITY OR HAVING AN OBSTRUCTED VIEW UPON STREET OR HIGHWAY WHEN RECEIVING OR DISCHARGING SCHOOL CHILDREN; TO CLARIFY WHAT A LOCATION WITH LOW VISIBILITY OR AN OBSTRUCTED VIEW MEANS; TO PROVIDE SCHOOL BUS DRIVERS WITH THE DISCRETION TO RECEIVE OR DISCHARGE A CHILD IN HIS OR HER DRIVEWAY UPON A DETERMINATION BY THE SCHOOL BUS DRIVER THAT DOING SO ON A STREET OR HIGHWAY PRESENTS A SAFETY HAZARD FOR THE CHILD; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 63-3-616, Mississippi Code of 1972, is amended as follows:

63-3-616. (1) A school bus driver, for the purpose of preventing being overtaken when receiving or discharging any school children, may stop on a street or highway blocking the two (2) outermost right lanes, regardless of the number of lanes on the street or highway. For a two-lane street or highway, this provision allows for blocking both lanes. Such school bus driver may only block both of these lanes during the time that the school bus is receiving or discharging any school children.

(2) (a) A school bus driver, when making a stop on a street or highway for the purpose of receiving or discharging any school children, shall not cause the bus to stop upon said street or highway in a location with low visibility or an obstructed view so as to impede the drivers of approaching the school bus from the opposite direction or traveling in the same direction as the school bus of the presence of the school bus. For purposes of this subsection a "location with low visibility or an obstructed view" means any area upon said street or highway that:

(i) Is created by the natural topography of the landscape that prevents a clear line of site over or around such topography;

(ii) Is created by the design or travel path of the street or highway that prevents a clear line of sight; and

(iii) Does not give a reasonable driver adequate time to visualize the school bus and to come to a complete stop without violating Section 63-3-615.

(b) If the distance of the designated bus stop upon a street or highway, which is in a location with low visibility or an obstructed view, is determined by the school bus driver too great of a distance to a child's residence and the location presents a hazard for the safe receipt or discharge of a child from the school bus, the driver of the school bus may exit the street or highway enter upon the private driveway of the child's residence to receive or discharge the child, provided there is ample clearance to do so safely and without substantial delay to the completion of the bus route.

SECTION 2. This act shall take effect and be in force from and after July 1, 2024.