The NJ School Bus Statute
N.J.S.A. 39:4-128.1, explained.
Five points — among the highest in the motor vehicle code — plus a fine the statute sets itself, and the possibility of jail or community service on a first offence. What the law requires, and what it presumes about the registered owner. Verified August 2026.
What the Statute Says
The duty depends on the road
39:4-128.1 does not impose one rule. It imposes different duties depending on whether the roadway is divided and on which side of it you are:
| Situation | What you must do |
|---|---|
| Undivided road — approaching or overtaking the bus | Stop not less than 25 feet away and stay stopped |
| Divided road — overtaking the bus | Stop not less than 25 feet away and stay stopped |
| Divided road — on another roadway, approaching | Reduce speed to not more than 10 mph; do not resume normal speed until past the bus and any child |
Where a stop is required, it lasts until both conditions are met: the child has entered the bus, or has alighted and reached the side of the highway — and the flashing red light is no longer being shown. The light going dark is not by itself permission to move if a child is still crossing.
The section also describes the bus it protects: one carrying children to or from school, a summer day camp or a school-connected activity, or carrying a person with a developmental disability, and displaying a school bus sign front and rear with letters at least four inches high.
Penalties
Five points, and a statute that writes its own fine
Most traffic sections leave the money to the statewide schedule. This one does not:
| Offence | Fine | Also available to the court |
|---|---|---|
| First | not less than $100 | Up to 15 days imprisonment or 15 days community service, in such form and on such terms as the court deems appropriate — or both the fine and one of those |
| Each subsequent | not less than $250 | Up to 15 days imprisonment — or both the fine and the imprisonment |
And then the points: 5, which is the same value New Jersey attaches to reckless driving and to tailgating. On a clean licence that is a single ticket landing one point short of the 6-point MVC surcharge line — $150 a year for three years, plus $25 for each point above six. The points list puts it in context.
There is a separate provision worth knowing about: suppressing evidence of a violation, or the identity of the violator, by concealment or destruction carries its own $100 fine.
Because this section carries the possibility of jail, it is not a pay-by-mail ticket, and nothing here promises any particular outcome. What it does show is which elements the State has to establish.
If the Ticket Came to the Owner
The registered-owner presumption
The statute states that there is a rebuttable presumption that the registered owner of the vehicle involved was the person who committed the act. That is how these summonses reach people who were not behind the wheel — the vehicle is identified, and the law starts from the assumption that its owner was driving.
"Rebuttable" is the operative word. It is a starting point the statute creates, not a conclusion, and it is answered with evidence about who was actually driving. If a summons under this section arrived for a vehicle someone else was using, that is the first thing to sort out and it is worth doing properly rather than by letter.
Common Questions
39:4-128.1 questions we hear
How many points is passing a school bus in NJ?
Five. The MVC point schedule lists 39:4-128.1, improper passing of a school bus, at 5 points — one of the highest point values in the entire motor vehicle code. A single conviction puts a previously clean licence within one point of the MVC surcharge threshold.
What is the fine for passing a stopped school bus in New Jersey?
The statute sets its own penalties rather than leaving them to a schedule. A first offence carries a fine of not less than $100, and the court may impose up to 15 days imprisonment or 15 days of community service, or both the fine and one of those. Each subsequent offence carries a fine of not less than $250, and up to 15 days imprisonment, or both.
How far do I have to stop from a school bus?
Not less than 25 feet, and you must stay stopped until the child has entered the bus, or has got off and reached the side of the highway, and until the flashing red light is no longer showing. Both conditions have to be satisfied — the light going off is not on its own the signal to move if a child is still crossing.
Do I have to stop on a divided highway?
It depends which side you are on. If you are overtaking the bus, you stop 25 feet back like anywhere else. If you are on a different roadway of a divided highway, approaching the bus, the statute does not require a stop — it requires you to reduce speed to not more than 10 mph, and not to resume normal speed until you are past the bus and past any child who got off or is about to get on.
I was not driving, but the ticket came to me as the owner. Why?
The section creates a rebuttable presumption that the registered owner of the vehicle involved was the person who committed the act. Rebuttable is the important word: it is a starting assumption the law makes, not a finding, and it can be answered with evidence about who was actually driving.
Ticketed under 39:4-128.1?
Tell us the road, the town, and whether you were the driver. Five points and possible jail on a first offence is not a ticket to pay without a conversation — and you will hear our read and a flat fee first.
4.8 · 300+ Google reviews
Legal information on this page reviewed August 2026 against current New Jersey statutes and official schedules — the NJ MVC points schedule and the NJ Courts Statewide Violations Bureau schedule. Laws change; nothing here is legal advice for your specific case.