HOUSE BILL No. 5243


     February 1, 2000, Introduced by Reps. Thomas, Schauer, Hale, Bogardus, Schermesser, Scott, DeHart, Jacobs, Brater, Minore,
Dennis and Daniels and referred to the Committee on Education.


        A bill to amend 1990 PA 187, entitled

   "The pupil transportation act,"

   by amending section 55 (MCL 257.1855), as amended by 1991 PA

   184.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 55.  (1) A school bus driver shall actuate alternately

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      flashing lights only when the school bus is stopped or stopping

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      on a highway or private road for the purpose of receiving or dis-

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      charging pupils in the manner provided in this act.  A school bus

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      driver shall not actuate the alternately flashing lights when

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      operating on a public highway or private road and transporting

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      passengers primarily other than school pupils.

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           (2) The driver of a school bus while operating upon the

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      public highways or private roadways open to the public shall




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      receive or discharge pupils from the bus in the following

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      manner:

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           (a) If pupils are required to cross the roadway, the driver

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      of a school bus equipped with only the alternately flashing red

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      lights in accordance with section 17 shall activate the flashing

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      red lights not less than 200 feet before the stop and park the

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      school bus as far off the right side of the roadway or private

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      road as possible for the safety of the pupils being boarded or

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      discharged, and continue to activate the alternately flashing red

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      lights while receiving or discharging pupils.  Before resuming

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      motion, the driver shall deactivate these lights and allow con-

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      gested traffic to disperse where practicable.  The deactivation

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      of these lights is the signal for stopped traffic to proceed.

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           (b) If the pupils are required to cross the roadway, the

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      driver of a school bus equipped with red and amber alternately

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      flashing lights in accordance with section 19 shall activate the

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      alternately flashing amber lights not less than 200 feet before

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      the stop, park the bus as far off the right side of the roadway

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      or private road as is possible for the safety of the pupils being

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      boarded or discharged, deactivate the amber flashing lights, and

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      activate the alternately flashing red lights while receiving or

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      discharging pupils.  Before resuming motion, the driver shall

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      deactivate these lights and allow congested traffic to disperse

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      where practicable.  The deactivation of these lights is the

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      signal for stopped traffic to proceed.

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           (c) If the pupils are not required to cross the roadway and

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      where the road has adequate width for the school bus to be pulled



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      to the far right of the roadway or private road allowing traffic

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      to flow and to provide for the safety of pupils being boarded or

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      discharged, the driver may activate the hazard warning lights not

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      less than 200 feet before the stop and continue to display the

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      lights until the process of receiving or discharging passengers

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      has been completed if the posted speed limit is 35 miles per hour

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      or less.  Before resuming motion, the driver shall deactivate

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      these lights.  The driver of a school bus shall only use this

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      procedure at stops where the school administrator or board

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      approved contractor has approved its use.  If this hazard warning

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      light option is not used, the driver shall use the appropriate

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      procedure in subdivision (a) or (b) as if pupils were required to

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      cross the roadway.

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           (d) Except as provided in subdivision (c), if the pupils are

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      not required to cross the roadway and where the bus may be pulled

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      off the roadway or private road or where the road has adequate

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      width for the school bus to be pulled off to the far right of the

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      roadway or private road leaving the normal traffic flow unob-

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      structed and to provide for the safety of pupils being boarded or

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      discharged, the driver may activate the hazard warning lights not

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      less than 200 feet before the stop and continue to display the

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      lights until the process of receiving or discharging passengers

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      has been completed.  Before resuming motion, the driver shall

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      deactivate these lights.  The driver of a school bus shall only

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      use this procedure at stops where the school administrator or

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      board approved contractor has approved its use.  If this hazard

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      warning light option is not used, the driver shall use the



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      appropriate procedure in subdivision (a) or (b) as if pupils were

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      required to cross the roadway.

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           (e) The distance of not less than 200 feet required for

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      light activation by this subsection shall be measured on the

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      roadway or private road on which the stop is made for receiving

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      or discharging pupils.

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           (3) Passengers crossing the road upon being discharged from

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      a school bus shall cross in front of the stopped school bus.  If

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      a school district authorizes its school bus drivers to signal

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      pupils to cross in front of the stopped school bus, the signal

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      shall be uniform throughout the school district.

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           (4) The driver of a school bus shall not stop the bus for

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      the purpose of receiving or discharging pupils in the following

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      instances:

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           (a) Within 200 feet of a public highway or roadway intersec-

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      tion unless the stop is approved by the school administrator or

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      board approved contractor.

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           (b) Upon a limited access highway or freeway, or upon any

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      other highway or roadway that has been divided into 2 roadways by

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      leaving an intervening space, a physical barrier, or clearly

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      divided sections so constructed as to impede vehicular traffic if

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      the pupils are required to cross the highway or roadway.

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           (c) Upon a highway or roadway constructed or designed to

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      permit 3 or more separate lanes of vehicular traffic in either

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      direction if the pupils are required to cross the highway or

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      roadway.





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           (5) The driver of a school bus when using the alternately

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      flashing red stopping lights shall not stop the bus for the

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      purpose of receiving or discharging pupils in the following

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      instances:

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           (a) Unless the bus is clearly and continuously visible in

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      its stopped position to approaching vehicles on that highway or

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      roadway for not less than 400 feet.

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           (b) Within 50 feet of an intersection if the intersection is

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      controlled by a traffic stop and go signal.

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            (6) A school may provide instruction on proper school bus

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      etiquette which may include, but not be limited to, boarding and

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      leaving the bus, evacuation of the bus in an emergency, and road

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      crossing procedures and the correct hand signal in the district,

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      if any.  If a school uses school bus drivers for this instruc-

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      tion, the state board may reimburse the school for this

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      training. 

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           (6) UPON REGISTRATION, THE PARENT OR PARENTS OR GUARDIAN OF

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      EACH PUPIL NOT PREVIOUSLY TRANSPORTED IN A SCHOOL BUS WHO IS IN

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      PREKINDERGARTEN, KINDERGARTEN, OR GRADES 1 TO 6 SHALL BE PROVIDED

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      WITH WRITTEN INFORMATION ON SCHOOL BUS SAFETY AND CONDUCT.  THE

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      INFORMATION SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:

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           (A) A LIST OF SCHOOL BUS STOPS NEAR EACH PUPIL'S HOME.

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           (B) GENERAL RULES OF CONDUCT AT SCHOOL BUS LOADING ZONES.

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           (C) RED LIGHT CROSSING INSTRUCTIONS.

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           (D) WALKING TO AND FROM SCHOOL BUS STOPS.

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           (7) AT LEAST ONCE EACH YEAR, EACH PUPIL WHO RECEIVES

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      TRANSPORTATION IN A SCHOOL BUS WHO IS IN PREKINDERGARTEN,



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      KINDERGARTEN, OR GRADES 1 TO 8 SHALL RECEIVE SAFETY INSTRUCTION

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      THAT INCLUDES, BUT IS NOT LIMITED TO, THE FOLLOWING:

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           (A) PROPER LOADING AND UNLOADING PROCEDURES.

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           (B) INSTRUCTION ON THE USE OF PASSENGER RESTRAINT SYSTEMS,

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      IF AVAILABLE.

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           (C) PROPER PASSENGER CONDUCT.

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           (D) BUS EVACUATION AND LOCATION OF EMERGENCY EQUIPMENT AND

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      EXITS.  AS PART OF THIS INSTRUCTION, PUPILS SHALL HAVE PRACTICE

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      DRILLS EVACUATING THE BUS THROUGH THE EMERGENCY EXIT DOORS.

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           (8) THE FOLLOWING INFORMATION SHALL BE DOCUMENTED EACH TIME

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      SAFETY INSTRUCTION IS GIVEN PURSUANT TO SUBSECTION (7):

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           (A) NAME OF THE SCHOOL DISTRICT.

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           (B) NAME AND LOCATION OF SCHOOL.

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           (C) DATE OF INSTRUCTION.

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           (D) NAMES OF SUPERVISING ADULTS.

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           (E) NUMBER OF PUPILS PARTICIPATING.

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           (F) GRADE LEVELS OF PUPILS.

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           (G) SUBJECTS COVERED IN THE INSTRUCTION.

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           (H) AMOUNT OF TIME TAKEN FOR THE INSTRUCTION.

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           (I) CORRECT HAND SIGNAL IN THE DISTRICT, IF ANY.

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           (J) BUS DRIVER'S NAME.

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           (K) BUS NUMBER.

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           (l) DATE OF THE LAST INSPECTION OF THE SCHOOL BUS.

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           (M) ADDITIONAL REMARKS.

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      IF A SCHOOL USES SCHOOL BUS DRIVERS FOR THIS INSTRUCTION, THE

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      STATE BOARD MAY REIMBURSE THE SCHOOL FOR THIS TRAINING.  THE

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      INFORMATION RECORDED UNDER THIS SUBSECTION SHALL REMAIN ON FILE



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      AT THE SCHOOL FOR 1 YEAR FROM THE DATE OF INSTRUCTION AND SHALL

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      BE SUBJECT TO REVIEW BY THE DEPARTMENT OF STATE POLICE.

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           (9)  (7)  For the purpose of this section, "required to

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      cross the highway or roadway" does not include crossing the road

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      with the assistance of a traffic control signal  ,  or with the

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      assistance of a SCHOOL crossing guard as defined in section 57b

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      of the Michigan vehicle code,  Act No. 300 of the Public Acts of

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      1949, being section 257.57b of the Michigan Compiled Laws  1949

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      PA 300, MCL 257.57B, and applies only to the road on which the

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      stop is being made.




































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