Published: March 16, 2009 09:11 pm      

Harsher penalties sought for passing school buses

Raleigh delegate among bill co-sponsors

CHARLESTON — A 6-year-old school girl’s tragic death has inspired new legislation seeking stiffer penalties for motorists failing to stop when children board and disembark buses in a lane of traffic.

“The law is on the book, but the penalties aren’t stiff enough,” said Delegate Linda Sumner, R-Raleigh, a co-sponsor. “If this will have people think, stop and slow down, that’s what it’s for.”

Sumner knew of no incidents in which Raleigh County school children have been injured, but said the problem is one of national scope.

“This is not uncommon,” the retired school teacher said. “I have seen many times that drivers would not slow down for a school bus. Sometimes they would attempt to go around them because they are too impatient to wait.”

Sumner said Monday the current penalties are too feeble to discourage drivers from trying to get around a stopped bus.

“To think you could take a child’s life and get a year of home confinement and a $50 fine is just beyond comprehension,” she added.

Existing law calls for a $50 fine when a driver fails to heed the flashing lights of a bus.

Under the legislation proposed by Delegate Kelli Sobonya, R-Cabell, and others, that fine would range from $150 to $500, or a maximum jail sentence of six months, or both.

A second offense calls for a flat fine of $500, or jail term of up to six months, or both. Third violations would result in a $500 fine and jail term of 24 hours to six months.

If the driver cannot be determined, the owner or lessee will face a fine of $50 to $200.

Sobonya was inspired to offer the increased penalties by the family of Haven Brooke McCarthy, who was struck down and killed Dec. 10, 2007, when she exited a school bus stopped on W.Va. 10 in West Hamlin.

Police charged the motorist, Sylvia Martin, 68, of Culloden, with failure to stop for a bus. Ultimately, she pleaded guilty to the misdemeanor offense of negligent homicide.

Sobonya was asked to sponsor the legislation by the McCarthy child’s paternal grandmother, Linda Bailey McCarthy of Barboursville.

“I believe this bill, with higher penalties, will serve as a deterrent for drivers who fail to stop for a school bus with flashing lights,” Sobonya said.

“We live in a busy world, but regardless of how busy we are in life, stopping for children entering or exiting a school bus is very important for child safety.”

Besides Sobonya and Sumner, the other sponsors are Tal Hutchins, D-Ohio, Jeff Eldridge and Josh Stowers, both D-Lincoln, Ruth Rowan, R-Hampshire, Robert Schadler, R-Mineral, Carol Miller, R-Cabell, Larry Barker, D-Boone, Mike Ross, D-Randolph, and Mark Hunt, D-Kanawha.

“The McCarthy family will have to live with this for the rest of their lives, and they want people to stop and think about the negative impact for failure to do so,” Sobonya said.

“This won’t save every child’s life, but it might save one, if people realize it will cost them dearly if they disregard state law governing school bus safety.”

— E-mail: mannix@register-herald.com