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Commonwealth v. Russell

Judgment of sentence of a fine following defendant's conviction of passing a school bus affirmed; defendant was in violation of a statute, and since there was no physical barrier dividing the northbound and southbound lanes of the highway on which the defendant and the school bus were traveling, defendant's action did not fall within the exception to the statute.

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OPINION

�1 Craig T. Russell appeals from the judgment of sentence of a fine in the amount of $100 plus court costs imposed March 2, 2001 following his conviction of passing a school bus in violation of 75 Pa.C.S.A. � 3345, Meeting or overtaking a school bus. *fn1 This appeal followed.

�2 The facts are not in dispute. On the morning of December 18, 2000, appellant was driving north on State Route 15 in the right lane, at the same time a school bus was operating in the right southbound lane. The portion of Route 15 on which appellant was traveling is a four-lane highway divided by a set of two painted double yellow lines spaced approximately three feet apart. There is no physical barrier dividing the northbound and southbound lanes of this portion of the highway.

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