Introduced Version
SENATE BILL No. 92
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 9-21.
Synopsis: School bus stops. Provides that a person driving a vehicle
who approaches a stationary school bus displaying alternately flashing
amber lights must take certain actions to yield the right of way.
Provides that under certain conditions, including the display of
alternately flashing amber lights, a school bus driver may load or
unload students without extending the school bus stop arm.
Effective: July 1, 2022.
Bohacek
January 4, 2022, read first time and referred to Committee on Homeland Security and
Transportation.
2022 IN 92—LS 6086/DI 143 Introduced
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
SENATE BILL No. 92
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 9-21-8-35, AS AMENDED BY P.L.116-2020,
2 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 35. (a) Upon the immediate approach of an
4 authorized emergency vehicle, when the person who drives the
5 authorized emergency vehicle is giving audible signal by siren or
6 displaying alternately flashing red, red and white, or red and blue
7 lights, a person who drives another vehicle shall do the following
8 unless otherwise directed by a law enforcement officer:
9 (1) Yield the right-of-way.
10 (2) Immediately drive to a position parallel to and as close as
11 possible to the right-hand edge or curb of the highway clear of any
12 intersection.
13 (3) Stop and remain in the position until the authorized
14 emergency vehicle has passed.
15 (b) Upon approaching a stationary authorized emergency vehicle,
16 when the authorized emergency vehicle is giving a signal by displaying
17 alternately flashing red, red and white, or red and blue lights, a person
2022 IN 92—LS 6086/DI 143 2
1 who drives an approaching vehicle shall:
2 (1) proceeding with due caution, yield the right-of-way by making
3 a lane change into a lane not adjacent to that of the authorized
4 emergency vehicle, if possible with due regard to safety and
5 traffic conditions, if on a highway having at least four (4) lanes
6 with not less than two (2) lanes proceeding in the same direction
7 as the approaching vehicle; or
8 (2) proceeding with due caution, reduce the speed of the vehicle
9 to a speed at least ten (10) miles per hour less than the posted
10 speed limit, maintaining a safe speed for road conditions, if
11 changing lanes would be impossible or unsafe.
12 A person who violates this subsection commits a Class A infraction.
13 However, the violation is a Level 6 felony if the person's failure to
14 comply with this subsection results in serious bodily injury,
15 catastrophic injury, or death to any person operating, occupying, or
16 affiliated with an authorized emergency vehicle described in this
17 subsection.
18 (c) Upon approaching a stationary recovery vehicle, a stationary
19 utility service vehicle (as defined in IC 8-1-8.3-5), a stationary solid
20 waste hauler, a stationary road, street, or highway maintenance vehicle,
21 or a stationary survey or construction vehicle, when the vehicle is
22 giving a signal by displaying alternately flashing amber lights, a person
23 who drives an approaching vehicle shall:
24 (1) proceeding with due caution, yield the right-of-way by making
25 a lane change into a lane not adjacent to that of the recovery
26 vehicle, utility service vehicle, solid waste hauler, or road, street,
27 or highway maintenance vehicle, if possible with due regard to
28 safety and traffic conditions, if on a highway having at least four
29 (4) lanes with not less than two (2) lanes proceeding in the same
30 direction as the approaching vehicle; or
31 (2) proceeding with due caution, reduce the speed of the vehicle
32 to a speed at least ten (10) miles per hour less than the posted
33 speed limit, maintaining a safe speed for road conditions, if
34 changing lanes would be impossible or unsafe.
35 A person who violates this section commits a Class B infraction.
36 (d) Upon approaching a school bus (as defined in IC 9-13-2-161)
37 when the school bus is stationary and giving a signal by displaying
38 alternately flashing amber lights, a person who drives an
39 approaching vehicle shall:
40 (1) proceeding with due caution, yield the right-of-way by
41 making a lane change into a lane not adjacent to that of the
42 school bus, if possible with due regard to safety and traffic
2022 IN 92—LS 6086/DI 143 3
1 conditions, if on a highway having at least four (4) lanes with
2 not less than two (2) lanes proceeding in the same direction as
3 the approaching vehicle; or
4 (2) proceeding with due caution, reduce the speed of the
5 vehicle to a speed at least ten (10) miles per hour less than the
6 posted speed limit, maintaining a safe speed for road
7 conditions, if changing lanes would be impossible or unsafe.
8 A person who violates this section commits a Class B infraction.
9 (d) (e) This section does not operate to relieve the person who drives
10 an authorized emergency vehicle, a recovery vehicle, a utility service
11 vehicle, solid waste hauler, a road, street, or highway maintenance
12 vehicle, or a stationary survey or construction vehicle from the duty to
13 operate the vehicle with due regard for the safety of all persons using
14 the highway.
15 SECTION 2. IC 9-21-12-13, AS AMENDED BY P.L.144-2019,
16 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2022]: Sec. 13. (a) Except:
18 (1) as provided in subsection (b); or
19 (2) when a school bus is stopped at an intersection or another
20 place where traffic is controlled by a traffic control device or a
21 police officer;
22 whenever a school bus is stopped on a roadway or a private road to
23 load or unload a student, the driver shall use an arm signal device,
24 which must be extended while the bus is stopped.
25 (b) The governing body of a public school may authorize a school
26 bus driver to load or unload a student at a location off the roadway that
27 the governing body designates as a special school bus loading area. The
28 driver is not required to extend the arm signal device when loading or
29 unloading a student in the designated area, if the driver is giving a
30 signal by displaying alternately flashing amber lights.
31 (c) A school bus driver who knowingly or intentionally violates
32 subsection (a) commits a Class C misdemeanor.
2022 IN 92—LS 6086/DI 143