Untitled Texas Attorney General Opinion ( 1957 )

*’ 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