This IMO, and IANAL, but in this case it doesn't matter what a vehicle says on the outside of it. If I put the wording school bus on my car, it won't fit the intent of the statute. The intent was that you didn't get into a bus or other vehicle that was currently being used by the school for a school function.
If the school bus is owned by the system, then it should have the name of the school on the side (like Plano ISD). The leased busses will usually (I say usually) not have that on them. I have seen brand new busses being transported from the factory and they already have School Bus emblazoned on them. Additionally, old busses that have been sold to private tubing companies, churches, etc will still have that on them many times.
Another scenario is one that there is no wording on it, but is being used by the school. My daughter went to state competition for theater. The theater teacher had to rent a truck to haul props down to Austin. That vehicle now fits the statute as it is being paid for and used by a school, so would be off limits period.
The gray area I can see is if a school leases or loans a bus to be used for some non-school event. If the bus driver is being paid by the school or the school is getting no money, then I would say it would be off limits. If they school leased it to a private party and the party was paying all the expenses, then I would say it was NOT a school vehicle any longer and you would be able to carry unless oral or posted notice was given. The first situation may happen at times, but would bet it is rare as I can't see the school wanting the liability for other activities other than school functions being conducted with their vehicles.
Bottom line, unless it is under the control of the school from a manpower or $$$ standpoint at the time, then I am going to assume it is NOT a school vehicle and will carry unless prohibited otherwise.
I reiterate, IANAL, but I used to play softball with a bunch of them.
Newbie with a question
Moderators: carlson1, Charles L. Cotton
Re: Newbie with a question
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
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Re: Newbie with a question
Correct. If the buss is owned or leased by a school/school district, it is off-limits. There's nothing in the code that states the buss has to be carrying students to be off-limits. This is consistent with school buildings being off-limits at all times; no just when school is in session. If a buss is leased from a private person or entity only for certain hours of the day, then it is off-limits only while it is being used or available for use by the school district.Photoman wrote:With my understanding of the law, and I'm not an attorney, I would not carry on a school bus owned by a public or private school. There are, however, many surplus school buses owned by private individuals and companies. On those, I would carry.
Chas.
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Re: Newbie with a question
thank you very much.Charles L. Cotton wrote:Correct. If the buss is owned or leased by a school/school district, it is off-limits. There's nothing in the code that states the buss has to be carrying students to be off-limits. This is consistent with school buildings being off-limits at all times; no just when school is in session. If a buss is leased from a private person or entity only for certain hours of the day, then it is off-limits only while it is being used or available for use by the school district.Photoman wrote:With my understanding of the law, and I'm not an attorney, I would not carry on a school bus owned by a public or private school. There are, however, many surplus school buses owned by private individuals and companies. On those, I would carry.
Chas.
Re: Newbie with a question
Thank you for your responses. It does appear that this is still a bit iffy as to when it would be legal to board a bus or not. If there is time to research prior to the event it would be much easier than when you are thrust into the situation of getting on a school bus as "shuttle". Never really thought about it until recently. If I was to chapparone an event with the school for my kids, I would know before hand. The shuttle situation just caught me off guard and I needed additional input. Thank you all for your help aind advice. I will at least know how to proceed if I encounter this in the future.
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Re: Newbie with a question
So if a school bus is obviously the property of a school district, like if it has the districts name on the side, then you could never carry on that bus? Then the leased bus is a maybe.