When Do You Have to Stop for a School Bus Arm in MN?
Recently, the Minnesota Court of Appeals addressed this question in State v. Waln. In April of 2024, a person was driving their truck when they came upon a school bus that had recently stopped in the road in Brainerd, Minnesota. As the vehicle approached, the bus driver activated the flashing red lights and began extending the stop-signal arm on the side of the bus. With only a few feet between the vehicle and the bus, the driver drove past the bus before the stop-arm fully locked into place. Cameras on the bus captured the moment, and police cited her for violating Minnesota Statutes § 169.444, which make it a misdemeanor to pass a bus when it is displaying an “extended” stop-signal arm and flashing lights. A jury ultimately found the driver guilty of a misdemeanor.
When people think about convictions for passing a school bus, they usually picture a driver speeding past a bus full of children with its bright lights flashing and an unmistakable stop sign sticking out into the road. But this case is different. The real issue was not whether the driver ignored a clearly extended stop-arm, but rather whether the law kicks in during those brief seconds when the arm is still moving into place. On appeal, the legal question was simple: when does the stop-signal arm on a bus count as “extended” under Minnesota law?
Prosecutors argued that the moment the stop arm started moving, the driver was required to stop. They said the purpose of the law is to protect children, and drivers cannot keep driving because the arm is not fully locked into place. In their view, once those lights flash and the arm starts to move, there is a duty to stop. But the defense saw it differently. They pointed out that the law does not say “extending.” It says “extended.” According to their reading of the law, until the arm is fully out, there is no legal obligation to stop. They argued that a partially deployed arm, like in this case, does not meet the conditions the law requires.
In the end, the Minnesota Court of Appeals agreed with the defense. The court of appeals focused on the plain meaning of the word “extended,” concluding that it refers to the arm being fully deployed, not in motion. If lawmakers had meant to include that in-between moment when the arm is unfolding, they could have written the statute that way. But they did not, and the Court reversed the conviction on that basis.
This case might sound like a technical argument, but it is really about fairness. The law is supposed to give people clear warning about what they can do. When the stop-arm on a bus is deploying, drivers should not be forced to make a split-second guess about whether passing is a crime. The Court agreed and clarified that drivers only have a duty to stop for an “extended” stop-arm. However, this holding doesn’t mean drivers should wait until the last possible moment to stop for a bus. The safest move is to slow down and stop the second you see flashing lights on a nearby bus. But, if prosecutors want to obtain convictions from now on, they must prove that the stop-arm was fully extended the moment the vehicle passed the bus.
Robert H. Ambrose is a criminal defense attorney and DWI lawyer in Minnesota and Wisconsin. Super Lawyers named him a Super Lawyer for the past four years and a Rising Star in the preceding six years. He is an adjunct professor at the University of Minnesota Law School. Criminal Defense Attorney Woodbury, Criminal Defense Lawyer Minnesota, OWI Lawyer Hudson.