Driving Tests

Passing a Stopped School Bus in West Virginia: Fines, Jail and Suspension

informational·how to guide·Published July 5, 2026

What is the penalty for passing a stopped school bus in West Virginia?

In West Virginia, you must stop before you reach a school bus that has stopped for children with its flashing warning lights on, whether you meet it or come up behind it. A first offense brings a $500 to $1,000 fine, up to six months in jail, or both, plus a 60-day license suspension. A second offense brings a 180-day suspension, and a third or later offense one year.

Where these West Virginia school bus rules come from

The stop rule and every penalty here come from W. Va. Code 17C-12-7. The West Virginia DMV school bus safety news of March 16, 2026 gives the driver tips and the enforcement numbers. The Legislature page for 2026 SB 558 shows the bill status. This guide is current as of 2026. Confirm the rules with the West Virginia Division of Motor Vehicles (dmv.wv.gov) before you drive.

When you must stop for a school bus in West Virginia

Stop before you reach any school bus that has stopped to let children on or off while its flashing warning lights are on. This covers a bus you meet and a bus you come up behind. A bus in the oncoming lane of a two-lane road still means stop.
Stay stopped until the bus starts to move, the bus driver signals you to go, or the bus signals are no longer on. The free question page on when to resume after a bus stop tests this.
The rule applies wherever a bus loads or unloads children: a street, a highway, a parking lot, a private road or a driveway.

West Virginia penalties for passing a stopped school bus

West Virginia penalties for passing a stopped school bus
Offense	Fine	Jail	License suspension
First	$500 to $1,000	Up to six months; the court may order a fine, jail or both	60 days
Second	$1,000 to $1,500	Up to six months; the court may order a fine, jail or both	180 days
Third or later	$2,000	At least 48 hours, up to six months	One year

Fines, jail and suspension: how they add up

Passing a stopped school bus is a misdemeanor. For a first or second offense, the court may order a fine, jail or both, within the ranges in the table. From the third offense, the law requires both a $2,000 fine and at least 48 hours in jail.
The license suspension is separate from the fine and jail. After a conviction, the Commissioner of Motor Vehicles must suspend the license, in addition to the court penalties.

Felony charges if a child or another person is hurt

A willful pass that causes serious bodily injury to anyone other than the driver is a felony. The penalty is one to three years in a state correctional facility and a fine of $2,000 to $5,000.
A willful pass that causes a death is also a felony: one to 10 years in a state correctional facility and a fine of $5,000 to $10,000.

Do you ever pass a stopped school bus legally?

You drive on a controlled access highway, and the bus is on a different roadway or next to the highway where pedestrians may not cross

You need not stop. The question page on the controlled access school bus exception uses an Interstate with the bus on the opposite roadway across the median.

The bus is on your road, in either direction, and it has stopped for children with its flashing warning lights on

You must stop before you reach it. No other exception applies. The free question page on stopping for a school bus in the other lane tests this rule.

What if a camera catches your plate but not your face?

County boards of education must put forward-facing and rear-facing cameras on all school buses bought on or after July 1, 2019, to enforce this law.
When the driver is unknown but the plate number is known, the law lets officials infer that the driver was an owner or lessee of the vehicle, for the probable cause decision. With more than one registered owner, the inference applies to the first owner or lessee listed on the registration. If the only evidence against the owner is that the vehicle was at the scene, a conviction brings only the fine for that offense.

Did the law change in 2026?

No. Senate Bill 558 of 2026, on school bus safety violations by vehicle operators, would have amended section 17C-12-7 and added two new sections. The Governor vetoed it on April 1, 2026, so the penalties above still apply.
The West Virginia DMV reports that from 2021 to 2025, 325 drivers in the state were stopped for failing to yield to a stopped school bus. Of them, 33 got warnings and 292 got citations.

Habits that keep you out of trouble

Remember the rule of thumb of the WV DMV Commissioner: yellow means caution, red means stop.
Buses stop often, and that is normal. Always watch for the red stop sign.
Keep your eyes on the road and remove distractions.
Know the start and end times of the school day and the common bus routes in your area, but expect buses at all times, on all roads. Early dismissal, spring break, field trips and road work can change where you see buses.

Key takeaways

Stop before you reach a school bus that has stopped for children with its flashing warning lights on, from either direction, on any street, parking lot, private road or driveway.
A first offense brings a $500 to $1,000 fine or up to six months in jail, or both, and a 60-day suspension. A second offense brings a 180-day suspension and a third a one-year suspension.
The only exception is a controlled access highway where the bus is on a different roadway or next to the highway and pedestrians may not cross.
SB 558 of 2026 was vetoed, so the current penalties of W. Va. Code 17C-12-7 still apply.
Next step: practice on the free West Virginia Class E practice test.

Passing a school bus in West Virginia: common questions

Is passing a school bus a felony in West Virginia?

Usually it is a misdemeanor. It becomes a felony only when you willfully pass and the violation causes serious bodily injury to someone other than you, or a death. Injury carries one to three years in prison and a $2,000 to $5,000 fine. A death carries one to 10 years and a $5,000 to $10,000 fine.

Can I pass a school bus on the other side of a divided highway?

Only on a controlled access highway. There, you need not stop for a bus on a different roadway or next to the highway where pedestrians may not cross the roadway. On a two-lane road, a bus in the oncoming lane still means you must stop before you reach it.

How long is my license suspended for passing a school bus?

A conviction means a 60-day suspension for a first offense, 180 days for a second and one year for a third or later offense. The suspension comes on top of the fine or jail term, and the Commissioner of Motor Vehicles must order it.

Can the vehicle owner be charged if the driver is not known?

Yes. When the plate number is known but the driver is not, the law lets officials infer that the driver was an owner or lessee, for the probable cause decision. With more than one owner, it is the first one listed on the registration. If the only evidence is that the vehicle was at the scene, a conviction brings only the fine.

Do I have to stop in a parking lot or driveway?

Yes. West Virginia law applies wherever the bus receives or discharges children, including any street, highway, parking lot, private road or driveway. So a bus that stops at a school lot or at the end of a private driveway with its flashing warning lights on means you must stop before you reach it.

When can I drive on after I stop for a school bus?

You may go on only when one of three things happens: the bus starts to move, the bus driver signals you to proceed, or the flashing signals turn off. Until then, you must stay stopped, even when the children are already off the road and the bus driver has not waved you on.