There are a couple of issues here: Your responsibilities and the Bus Driver's Responsibilities:
Here are yours:
(a) Duty of approaching driver when red signals are
flashing.--Except as provided in subsection (g), the driver of a vehicle
meeting or overtaking any school bus stopped on a highway or trafficway
shall stop at least ten feet before reaching the school bus when the
red signal lights on the school bus are flashing and the side stop
signal arms are activated under section 4552(b.1) (relating to general
requirements for school buses). The driver shall not proceed until the
flashing red signal lights are no longer actuated. In no event shall a
driver of a vehicle resume motion of the vehicle until the school
children who may have alighted from the school bus have reached a place
of safety. The driver of a vehicle approaching an intersection at which a
school bus is stopped shall stop his vehicle at that intersection until
the flashing red signal lights are no longer actuated.
(b) Duty of approaching driver when amber signals are
flashing.--The driver of a vehicle meeting or overtaking any school bus
shall proceed past the school bus with caution and shall be prepared to
stop when the amber signal lights are flashing.
Here is the bus driver's:
(c) Use of red signals.--The red visual signals shall be actuated
by the driver of every school bus whenever the vehicle is stopped on a
highway or trafficway for the purpose of receiving or discharging school
children, except as provided in subsections (e) and (f). The signals
shall not be terminated until the school children who may have alighted
from the school bus have reached a place of safety or until boarding
school children have completed boarding the bus.
(d) Use of amber signals.--The amber visual signals shall be
actuated by the driver of every school bus not more than 300 feet nor
less than 150 feet prior to making a stop for the purpose of receiving
or discharging school children and shall remain in operation until the
red visual signals are actuated. Amber signals shall not be used unless
the red visual signals are to be actuated immediately following.
So... if the amber signals were illuminated first, you would be
found guilty if the bus driver got your plate number (yes... they are
allowed to by statute).
If the amber signals were not illuminated, it is possible that you would be found not guilty.
If you are cited, make sure you get counsel immediately. Not only
does this violation carry a ton of points, but also results in a 3 month
license suspension.
F. Dean Morgan, Esq
The Morgan Law Firm
1-888-821-9446