CHAPTER 132
An Act to amend and reenact § 46.2-859 of the Code of Virginia, relating to passing a stopped school bus; divided highways, access roads, and certain driveways.
[H 409]
Approved April 6, 2026
Be it enacted by the General Assembly of Virginia:
1. That § 46.2-859 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-859 . Passing a stopped school bus; prima facie evidence.
A. A person driving a motor vehicle shall stop such vehicle when approaching, from any direction, any school bus which is stopped on any highway, private road or school driveway for the purpose of taking on or discharging children, elderly individuals, or individuals with mental or physical disabilities, and shall remain stopped until all the individuals are clear of the highway, private road or school driveway and the bus is put in motion; any individual violating the foregoing is guilty of reckless driving.
B. The provisions of subsection A shall not apply to the driver of a vehicle , however, need not stop when approaching a school bus if the school bus is stopped :
1. Stopped on the other roadway of a divided highway, on an access road, or on a driveway when the other roadway, access road, or driveway is separated from the roadway on which he is driving by a physical barrier or an unpaved area. The driver of a vehicle also need not stop when approaching a school bus which is loading The provisions of this subdivision apply regardless of whether such physical barrier or unpaved area is continuous or segmented when necessary to accommodate an intersection or turning vehicles.
2. Loading or discharging passengers from or onto property immediately adjacent to a school if the driver is directed by a law-enforcement officer or other duly authorized uniformed school crossing guard to pass the school bus.