Iowa bus drivers plead for caution as school year begins
Editor's Note: This story was originally published in August 2016. With Iowa children heading back to school this week, education leaders are warning drivers to use caution around school buses. Some bus drivers believe distracted or even dangerous driving around bus stops is getting worse.
Iowa's attempt to crack down on drivers who fail to stop for school buses may be backfiring: Some authorities appear reluctant to fully prosecute motorists because of harsh penalties.
Only a tiny fraction of drivers who illegally pass a school bus in Iowa are ultimately convicted. Even fewer have their license suspended, state data show.
The Iowa Legislature passed a school bus law in 2012 that carries steep consequences, even on a first-time offense: a 30-day license suspension, plus costly fines and pricey high-risk insurance.
Called Kadyn's Law, the legislation is named after 7-year-old Kadyn Halverson, who was struck and killed by a pickup that failed to stop while Kadyn was crossing the road to reach a school bus.
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But the law's steep consequences have prompted even some supporters to question whether the state has created an unreasonable punishment for first-time offenses. Violators are much more apt to fight charges, and prosecutors appear more amenable to agree to lower consequences, data suggest.
As a new school year begins and as concerns increase about distracted driving, many fear a law that was intended to protect students is being undermined.
"It was such a horrific thing, and we reacted," Chris Darling, executive director of the Iowa Pupil Transportation Association, said of Kadyn's death. "And yet, we have a society out there that's running around with cell phones, eating food and not really paying attention on the roads."
According to a Register review of state education, judicial and transportation data concerning Kadyn's Law:
- Despite bus drivers reporting more violations, charges have fallen from 1,030 in 2012 to 895 in 2015, a 13 percent drop.
- Only a little more than a third of Iowa counties reported a 100 conviction rate of violators. And roughly a quarter of counties reported conviction rates of 50 percent or less. Some prosecutors have agreed to community service and defensive driving courses instead of license suspensions.
- The number of motorists who have had their license suspended for school bus violations has fallen from 977 in 2012 to 582 in 2015, a 40 percent drop, according to transportation data
For parents and bus drivers who often witness violations and close calls, the numbers are particularly frustrating.
"It's really serious. I've seen drivers speed up" to pass a school bus, said parent Marianne Satinsky of Des Moines. "A kid could be dead, or be injured for life."
"You're kidding me. You're going to go around a stopped school bus?" said Southeast Polk bus driver Craig Blomquist, who saw a student hit earlier this year while crossing the street to board a bus. Blomquist said the motorist was approaching from the opposite direction. "He didn't slow up. He just plowed right into her. She went up over the hood, hit the glass. She was able to get up, but there was that moment of: 'Oh my gosh.'"
'I think it's gotten worse'
More than 90,000 school bus drivers shuttle students across Iowa each year. Roughly one-quarter participate in a voluntary count of motorists who pass them illegally.
Their counts suggest that more than 140,000 passing violations occur each year. Many bus drivers say that distracted driving is a large part of the problem.
"I've seen a lot of people on their cell phones, texting, putting makeup on. I've seen one guy brushing his teeth, another shaving. They're not paying attention," said bus driver Marilyn Hawkins of Des Moines Schools. "I think it's gotten worse."
Counts of incidents of vehicles illegally passing school buses have been on the decline, falling from 17 per 100 drivers in 2012 to 15 per 100 drivers last year. But fewer school districts are participating, which could be influencing the falling count, officials said.
Last spring, only 21 percent of school districts participated in the count, far fewer than the Iowa Department of Education would like to see, spokeswoman Staci Hupp said.
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Part of the participation drop-off is blamed on discouragement over so few violators getting caught, charged and convicted. Some have said there's a sense among drivers of "What's the point?"
“At some point, complacency sets in, and drivers stop writing them,” Darling said. “The frustration is out there.”
School bus drivers say they do their best to take down license plate numbers of violators, sometimes using a two-way radio to call them in. But getting a plate number can be difficult, especially when relying on mirrors to read plates.
"I get ticked off when one (car) follows the other one through, and I can't quite get the second one because I'm trying to get the first one," Southeast Polk bus driver Jayme McFadden said. "There's just no way to nail both of them at the same time."
Joyce Richard, who also drives for Southeast Polk, agreed that it's a frustrating undertaking.
"You take the time to gather all this information, in a matter of seconds," she said.. "And you have to understand, you have a bus with children on it. You need to be paying attention. There's a million things going on."
Worse, she said, so often, "you take the time to get it done, only for it to go nowhere."
'Slap on the hand'
Police and prosecutors say they face problems at times when trying to bring charges. Prosecutors contend that failure to stop for a school bus is a difficult violation to enforce.
Police officers, who are trained observers, don't usually witness violations. And cases without video evidence can come down to he said, she said. Then there's the question of trying to prove that the owner of the car was actually driving that day.
To investigate, officers rely on information provided by drivers, which can be incomplete. And not all buses are equipped with video cameras, which provide vital corroborating evidence.
In 2012, less than 6 percent of school districts used cameras to help enforce Kadyn's law, according to a transportation study. A Register spot check showed that many buses continue to operate without the cameras, although police sometimes use city street videos when they are available.
"It's certainly not anything that a law enforcement officer or prosecutor takes lightly," said Peter Grady, assistant attorney general with the Iowa Department of Justice. "… But we can't convict unless we have evidence."
Dubuque County had one of the lower conviction rates for Kadyn's law. State judicial data indicate that only 23 percent of drivers charged with stop-arm violations there resulted in convictions.
Assistant County Attorney Ry Meyer said the office regularly reaches plea agreements that allow motorists to complete a distracted driving course and community service, based on the evidence available and the specifics of the case.
Meyer contends that those deals result in safer drivers on the roads, while still delivering justice.
"We're not going soft on them," he said, adding that in some cases he has pursued conviction. "Sometimes violations are very dangerous, and you can't let them go."
Still, some disagree with that approach. "It seems like a slap on the hand," said Richard, the Southeast Polk bus driver.
'It's a good law'
In recent years, legislation was introduced in the Iowa House to reduce the license suspension required by Kadyn's Law, and instead allow drivers to complete a safety course at the department of transportation's discretion.
Rep. Mary Wolfe, D-Clinton, who co-sponsored the bill, said it didn’t make it out of funnel in 2014. The following session, the language was re-introduced as an amendment to the DOT omnibus bill, but it did not make it out of conference committee. Wolfe believes discretion with first-time offenses would be a more practical approach, with a better outcome.
"It's not a good thing, when the law says one thing and cases are getting dismissed, even when people are technically guilty," she said. With a first offense and a clean driving record, "Wouldn't it make more sense to have them take a class, understand the law and warn their friends about the law?"
Parent Dan Noe of Huxley said he believes the punishment should be "a wake-up call," and sees the merit of driving classes or community service for first-time offenders, but not repeat offenders.
Darling, who represents bus drivers, also said he supports a change, such as requiring suspension of a second offense.
"Possibly, that would make it easier for the county attorneys, law enforcement and judges to take the maximum penalty," he said.
But the Education Department resists any effort to water down the law, saying the harsher penalties are a vital component.
"We think it's a good law," said Hupp, spokeswoman for the education department. "We support efforts to keep students safe, and support the current penalties."
Jessica Fees, a mother of two from Altoona, agrees, saying the responsibility lies with drivers to pay attention.
"Kid's aren't responsible," Fees said. "Drivers should be aware, because kids aren't going to pay attention.
Kadyn's law
In 2012, lawmakers passed Kadyn's law, which increased punishment for drivers who illegally pass a school bus. The previous year, 7-year-old Kadyn Halverson was killed while crossing the road to get on her school bus.
Illegally passing a school can result in a 30-day license suspension, fines between $250 and $675 and possible imprisonment. In addition, drivers must purchase high-risk insurance. Penalties increase with additional convictions.
Source: Iowa Department of Transportation.