Dangerous precedent? Minnesota court rules school bus stop arms must fully extend to require traffic to stop

MN Court of Appeals: Drivers must stop when school bus stop arm fully extended

A local ruling on Monday from the Minnesota Court of Appeals could seemingly have dangerous consequences statewide.

Allison Waln was charged and convicted of failing to stop for a school bus while driving in Baxter back on April 2, 2024.

However, Waln challenged that conviction, saying the video evidence showed she was within 20 feet of the school bus by the time its stop-signal arm extended, meaning she was already passing it.

The appellate court agreed, overturning her conviction and setting a precedent that traffic is only required to stop for school bus stop arms if they are fully extended with flashing lights on, based on how the state law is written.

Background

The state statute at issue says: “When a school bus is stopped on a street or highway … and is displaying an extended stop-signal arm and flashing red lights, the driver of a vehicle approaching the bus shall stop the vehicle at least 20 feet away from the bus. The vehicle driver shall not allow the vehicle to move until the school bus stopsignal arm is retracted and the red lights are no longer flashing.”

Under that law, if a driver fails to stop at least 20 feet away from a school bus when the stop arm is extended and the red bus lights are flashing, a driver is guilty of a misdemeanor, which is punishable by a fine of up to $1,000 and 90 days in jail or up to $500 for a first offense. The penalty is more severe if passing when a child is present or driving on the right side of the bus.

Waln was ordered to pay the full $500 fine and had a 30-day jail sentence stayed for a year while being placed on probation.

Court records note the bus driver that day testified that he activated the bus lights between 200 and 300 feet from the stop, adding that Waln was roughly 80 to 100 feet away when the bus fully stopped. At that point, the bus door opened, which triggered the stop arm to extend and activated the red flashing lights.

He also said he physically put his arm up to stop the children from leaving when he saw Waln not slowing down.

The three-judge panel, however, said the driver admitted to focusing on Waln’s vehicle and not the stop arm itself and provided no testimony about the progression of the stop arm or Waln’s distance from the bus when the stop arm was fully extended.

Therefore, the judges said his testimony wasn’t enough to prove Waln’s guilt and the jury had insufficient evidence for its guilty verdict.

Implications

The ruling could seemingly have serious implications across the state and may force action from lawmakers.

Based on the precedent it sets, a vehicle apparently doesn’t have to stop or even slow down when a school bus stops until its stop arm is fully extended. Additionally, if a vehicle is already within 20 feet of a school bus by the time the stop arm becomes fully extended, vehicles can still pass the bus. A lack of flashing lights could further complicate the matter.

The Minnesota Department of Public Safety website says more than 8,500 stop-arm violation citations have been issued since 2018, and the number of citations has increased each year since 2020. In 2024, a record 2,105 stop-arm violation citations were issued, according to that data.

5 EYEWITNESS NEWS has reached out to DPS for comment on the ruling and asked if the department has any plans to update its guidance or push lawmakers to edit the statute. We will update this story if a response is received.
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