Bus law should be fine-tuned

Kadyn's Law's carries serious penalties. And in many cases, we believe that's appropriate.

The 2012 law, named after a 7-year-old Northwood girl hit and killed by a car as she got off the school bus in 2011, levels tough penalties at motorists who don't obey school bus stop arms. Fines can run hundreds of dollars, with a 30-day license suspension, legal fees and higher insurance premiums.

Under the law, school bus drivers are responsible for reporting incidents, including license plate numbers and vehicle descriptions. If those details check out, law enforcement are obligated to issue tickets.

For prosecutors, the criminal penalties are mandatory. Since July 2012, more than 1,700 tickets have been issued with more than 1,000 motorists convicted.

Failing to stop for a school bus unloading children is a serious offense. So in cases where drivers' actions create a danger for kids, these penalties are fitting.

But we also find ourselves agreeing with county prosecutors who believe that the law could be modified to makes its enforcement fairer and more reasonable.

From a due-process standpoint, we're troubled that all of the discretion in evaluating the severity of stop arm incidents is in the hands of bus drivers. For starters, it's possible under the law for the owner of an identified vehicle to be charged even if a positive identification of the actual driver isn't made. That's a troubling legal gap.

We appreciate drivers' role on the front lines of the fight against a serious problem, but we also believe prosecutors and judges should have more discretion to modify penalties in cases involving technical violations with lesser safety implications.

Proposed legislation that would allow some drivers to take an education course and be placed on a year's probation, instead of a license suspension, is one possibility.

We understand lawmakers' strong stand on the issue, and how that may make them reluctant to revisit the law. No one under the golden dome wants to look soft on reckless drivers.

But finding the right balance when it comes to making criminal law is an ongoing process, not a destination. Many so-called no-brainer laws passed over the years, after a period of time on the books, needed legislative fine-tuning.

Even with additional discretion for prosecutors, the potential for Kadyn's Law to become a strong, valuable deterrent remain intact.

' Comments: (319) 398-8262 or editorial@thegazette.com.