*’
Honorable Bill Pemberton
County Attorney
Hunt County
Greenville, Texas Opinion NO. w-28
Re : Applicability of Art.
301b, V.P.C. and Sec.
104,
. . . Art. 6701d, V.C.S.,
wnicn require motor
vehicles to stop while
school bus Is dlscharg-
ing passengers, to motor
vehicles traveling on
4-lane divided super
Dear Mr. Pemberton: highways.
Your request for an opinion reads as follows:
"Must a motor vehicle traveling down a
four lane divided super highway come to
a complete stop as it approaches a school
bus vehicle which has come to a stop upon
the opposite lane of said four lane'divided
super highway, said school bus vehicle being
then and there receiving and/or discharging
passengers, the said school bus vehicle pro-
ceeding in a direction opposite to the afore-
mentioned motor vehicle?"
~Statutes requiring the driver of a motor vehicle to stop
when such motor vehicle approaches a school bus which is dls-
charging or receiving passengers are Article 301b, Vernon'sAnn.
P.C., Acts of the 42nd Legislature, 1931, page 368; ch. 215;
and Section ,104of Article 6701d, Vernon's Ann. Clvil.Statutes,
Adts of the 50th Legislature, 1947, page 967, ch. 421, as
amended in 19.53by the 53rd Legislature, and as amended in 1955
by' the 54th Legislature, which latter act is known as the Uniform
Act Regulating Traffic on Highways.
Hon. Bill Pemberton, page 2: (m-28)
While the latter act is.the most reaent enactment by
the Legislature on this subject, and,contains a repealing
clause (Section 156 of Article 6701d, Vernon's Ann. CiviJ
Statutes), it is not necessary for this offlce'to render any
opinion as to the present validity of Art. 301b, Vernon's
Ann. P. C. in order to answer your question.
A divided highway Is defined in Section 62, Article
67018, Vernon's Civil Statutes, as "; . . any highway . . .~
divided Into two (2) roadways by leaving an intervening space
or by a physical barrier or clearly Indicated dividing sec-
tion so constructed as to impede vehicular traffic. . . .v
Section 104 (c) 'of Article 6701d, Vernon's Ann. Civil
Statutes, reads as follows:
"The driver of a.vehicle upon a highway
with separate roadways need not stop upon
meeting or passing a school'bus which Is
on a different roadway or when upon a
controlled-access highway and the school
bus is stopped in a loading zone which is
a part of or adjacent to such highway and
where pedestrians are not permitted to
cross the roadway. As'amended.Acts of the
53rd Legislature, 1953, p. 719, ch. 280,
Sec. 1."
The subject matter Inquired about being covered by
the special provision quoted above, such special provision
controls if there be-any conflict with any general law to the
contrary. Article 5, Vernon's Ann. P. C.
You are accordingly advised that the operator of a
motor vehicle traveling on one roadway of a four lane super
highway is not required by law to stop his motor vehicle while
a school bus is receiving or discharging school children on
the other roadway of the same divided highway.
\
Hon. Bill Pemberton, page 3: (W-28)
SUMMARY
The operator of a motor vehicle traveling
on one roadway of a four lane super high-
way ls'not required by law to stop his
motor vehicle, while a school bus is re-
ceiving or,discharging school children on
the other roadway of the same divided
highway.
Yours very truly,
..
WILL ~WILSON
Attorney General
Assistant
REF:ms
APPROVED:
OPINION COMMITTEE
H. Grady Chandler
Chairman