Passing a slowing school bus. Student or instructor to receive citation?

[oiesde]

Hello. I am a driving instructor in Texas. A student driver was behing a school bus and the bus turned on the yellow caution lights. I applied the brake pedal and instructed the student to stop. The student continued to accelerate. This caused the vehicle to only slow rather than stop. As we were passing the bus, dirctly on my right shoulder, the stop arm swung out. Can the driver report this violation in Texas? If so, who would receive the citation?

[scott715us]

I would cite the student since he/she has ultimate control of the vehicle and you advised him/her to stop. I hope he/she received an "F" for the day.

[G35 Mass]

If you told me your brakes couldn't overcome the engine power, I'd tow it for being a safety hazard. While I realize that statement is likely a BS lie made in an attempt to minimize your responsibility and shift it towards the student, I couldn't take the chance that the brakes were in fact defective.

BTW: I'd cite both. (I'm far far from Texas)

[Joeyd6]

Oiesde:

I would ask that you read the forum rules.
1) Do not post teh same question in multiple threads. You will get teh same answers. I closed the other thread.

2) If you do not like the reply, there is no need to delete your original post. Just don't re-vsist the thread. I re-posted your original post for you.

Hello. I am a driving instructor in Texas. A student driver was behing a school bus and the bus turned on the yellow caution lights. I applied the brake pedal and instructed the student to stop. The student continued to accelerate. This caused the vehicle to only slow rather than stop. As we were passing the bus, dirctly on my right shoulder, the stop arm swung out. Can the driver report this violation in Texas? If so, who would receive the citation?

[TEXASCOP]

That's good question. I would cite the student he/she is in control. You as the instructor are placing the responsibility in the students hands and the passenger controls are there to keep them from killing anyone.

[retdetsgt]

Oregon law wouldn't allow me to cite anyone but the driver. The statute doesn't have a provision for citing the instructor.

[mcsap]

If your brake pedal cant STOP the car ( along with your YELLING at the student to stop) neither of you have any business driving or instructing to drive.

And I could cite both.

[McNulty]

If you told me your brakes couldn't overcome the engine power, I'd tow it for being a safety hazard. While I realize that statement is likely a BS lie made in an attempt to minimize your responsibility and shift it towards the student, I couldn't take the chance that the brakes were in fact defective.

BTW: I'd cite both. (I'm far far from Texas)

I used to be a driving instructor and the instructor's brake is tied into the same braking system that the student's brake is. All hydraulic brake systems are designed to overpower the maximum acceleration of the vehicle. Plus, all vehicles have a transmission that allows the vehicle to be shifted into neutral. If the student was accelerating, shift the car into neutral while the instructor is braking. The student can accelerate all day, but if the transmission isn't in gear, you're not going anywhere. I had to do that a few times when instructing.

That said, I'd only cite the driver/student.

[ET109]

Not from Texas. Not sure I </b>could</b> cite the teacher if I wanted to; for that kind of moving violation we can only cite the drive/operator of the vehicle. Now, are you an operator of the vehicle if you have control of the brakes? Not addressed in the annotated vehicular code I have- the definitions there pertain to whether a drunk is 'operating' or not. I could probably take a go at it, but I'd be more likely to put a call in to the company about the teacher instead.

[ET109]

Not from Texas. Not sure I </b>could</b> cite the teacher if I wanted to; for that kind of moving violation we can only cite the drive/operator of the vehicle. Now, are you an operator of the vehicle if you have control of the brakes? Not addressed in the annotated vehicular code I have- the definitions there pertain to whether a drunk is 'operating' or not. I could probably take a go at it, but I'd be more likely to put a call in to the company about the teacher instead.

... I would edit out those little b things if I could...