Driving past a school bus that is stopped to load or unload children when the law requires traffic to stop.

"Passing" can mean overtaking the bus from behind or, in some situations, approaching from the opposite direction and failing to stop. A bus is usually legally "stopped" for this purpose when it has activated its red flashing lights and stop arm. The rule exists because children may cross the road unexpectedly and can be hard to see, especially in poor visibility or on crowded roads.

In North Dakota, N.D.C.C. § 39-10-46 governs overtaking and passing a school bus. Drivers generally must stop before reaching the bus and stay stopped until the bus moves again or the signal is withdrawn. An important exception applies on a divided highway with separate roadways: traffic on the opposite roadway usually does not have to stop. Conditions common in the state - ground blizzards on I-94, spring flooding detours near Fargo, or strained roads around oilfield growth areas like Watford City - can make visibility and reaction time worse, not better.

For an injury claim, this violation can strongly support negligence. If a child, pedestrian, or another driver is hurt because someone ignored a stopped bus, the citation may become evidence in a personal injury case. It can affect liability, insurance negotiations, and, in severe cases, support claims for punitive damages or criminal charges.