SB-0932, As Passed Senate, March 21, 2006

 

 

 

 

 

 

 

 

 

 

 

 

SENATE SUBSTITUTE FOR HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 932

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1990 PA 187, entitled

 

"The pupil transportation act,"

 

by amending sections 41, 43, 49, 51, 53, 55, 57, 61, 67, 69, 70,

 

and 73 (MCL 257.1841, 257.1843, 257.1849, 257.1851, 257.1853,

 

257.1855, 257.1857, 257.1861, 257.1867, 257.1869, 257.1870, and

 

257.1873), section 49 as amended by 1994 PA 309, section 53 as

 

amended by 2004 PA 131, section 55 as amended by 2004 PA 231, and

 

section 57 as amended by 1996 PA 170.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 41. (1) A school bus  or pupil transportation vehicle  

 

may be rejected by the inspecting state official for use in

 

transporting passengers if it does not meet the requirements of

 

this act and the rules promulgated pursuant to this act.

 


     (2) A vehicle that is determined by a state police official to

 

be unsafe for further operation as a school bus  or pupil

 

transportation vehicle  shall not be used.  in the transportation

 

of any passengers.  An unsafe vehicle shall have affixed to its

 

windshield, by the state police official, a red sticker which shall

 

read as follows: "This vehicle may not be driven.  in the

 

transportation of any passenger.  Utilization of this vehicle  to

 

transport passengers  is in violation of law. {reverse side} Do not

 

remove without State Police authorization." The sticker shall

 

remain until the condition is corrected. A school bus may be

 

transported to a maintenance facility for repair if the school bus

 

driver provides written proof of destination to a state police

 

official upon request.

 

     (3) A school bus  or pupil transportation vehicle  that is

 

considered to be in unsatisfactory condition, but that is safe for

 

operation, shall have affixed to its windshield by the state police

 

official a yellow sticker which shall read as follows: "This

 

vehicle has equipment defects. {reverse side} Repairs and

 

reinspection shall be obtained on or before _____. Do not remove

 

without State Police authorization." If, upon reinspection, the

 

vehicle defect has not been repaired, replaced, or corrected, the

 

state police official shall remove the yellow sticker and affix a

 

red sticker to the vehicle. Exceptions may be made when the

 

necessary parts or equipment has been ordered but not received at

 

the time of reinspection. Reinspection may take place within 60

 

days after the original inspection.

 

     (4) A school bus  or pupil transportation vehicle  that is

 


considered to be in satisfactory condition after inspection by a

 

state police official shall have a Michigan vehicle inspection

 

passing sticker affixed to its windshield. The owner of a school

 

bus shall remove or destroy the pass sticker before selling the

 

school bus. The display of a pass sticker on a vehicle other than a

 

school bus is a state civil infraction. All stickers are the

 

property of the department of state police.

 

     Sec. 43. The department of state police shall inspect a new

 

school bus  and a new pupil transportation vehicle  before a school

 

accepts delivery. The department of state police shall determine

 

whether the new vehicle is acceptable for delivery. The department

 

of state police may delegate the inspection of new school buses  

 

and pupil transportation vehicles  to publicly employed inspectors

 

if the inspection complies with this subsection. A school shall not

 

accept delivery of a new school bus  or pupil transportation

 

vehicle  unless the new vehicle has been inspected and  granted

 

final approval  passed by the department of state police under this

 

subsection and title to the school bus  or pupil transportation

 

vehicle  has been obtained by the school in compliance with this

 

act.

 

     Sec. 49. (1) A person, whether or not licensed under the

 

Michigan vehicle code,  Act No. 300 of the Public Acts of 1949,

 

being sections 257.1 to 257.923 of the Michigan Compiled Laws  1949

 

PA 300, MCL 257.1 to 257.923, who is 17 years of age or less shall

 

not drive a school bus.  or pupil transportation vehicle.

 

     (2) A person shall not operate a school bus  or pupil

 

transportation vehicle used for the regularly scheduled

 


transportation of passengers to and from school and home  unless

 

that person possesses a valid chauffeur's license, the appropriate

 

vehicle group designation,  and  a passenger vehicle indorsement,

 

and a school bus indorsement as required under section 312e of  Act

 

No. 300 of the Public Acts of 1949, being section 257.312e of the

 

Michigan Compiled Laws  the Michigan vehicle code, 1949 PA 300, MCL

 

257.312e. A person with a commercial driver license shall not

 

operate a school bus, and a school, school bus owner, or lessee

 

shall not allow a person with a commercial driver license to

 

operate a school bus, unless the operation is in compliance with

 

the drug and alcohol testing regulations under 49 CFR parts 40 and

 

382.

 

     (3) A person shall not operate a school bus  or pupil

 

transportation vehicle  or a school administrator or a person or

 

entity under contract with a school to provide pupil transportation

 

services shall not knowingly permit a person to operate a school

 

bus  or pupil transportation vehicle  for the  scheduled  

 

transportation of pupils to and from school or school-related

 

events if that person has 7 or more penalty points for moving

 

violations on his or her driving record under section 320a of  Act

 

No. 300 of the Public Acts of 1949, being section 257.320a of the

 

Michigan Compiled Laws  the Michigan vehicle code, 1949 PA 300, MCL

 

257.320a, or if the person has a restricted license due to a

 

conviction for a violation of section 625 of  Act No. 300 of the

 

Public Acts of 1949, being section 257.625 of the Michigan Compiled

 

Laws  the Michigan vehicle code, 1949 PA 300, MCL 257.625.

 

     (4) A commercial driver license skills test shall be

 


administered by a state authorized commercial driver license

 

examiner to a school bus driver who has had 1 or more of the

 

following:

 

     (a) Had his or her driver license or commercial driver license

 

suspended, canceled, or denied under section 303 or 319 of the

 

Michigan vehicle code, 1949 PA 300, MCL 257.303 and 257.319.

 

     (b) Has been disqualified from operating a commercial motor

 

vehicle.

 

     (c) Has been convicted of any of the disqualifying offenses in

 

49 CFR 383.51(b) while operating a commercial motor vehicle or any

 

offense in a noncommercial motor vehicle that would be a

 

disqualifying condition under 49 CFR 383.51(b) if committed in a

 

commercial motor vehicle.

 

     (d) Has more than 1 conviction of any of the serious traffic

 

violations defined in 49 CFR 383.5, while operating a commercial

 

motor vehicle within the last 3 years.

 

     (e) Has been convicted of any motor vehicle traffic violation

 

that resulted in an accident while operating a commercial motor

 

vehicle.

 

     (f) Has been disqualified from operating a school bus under

 

section 49(3).

 

     (g) A driver who is required to take a test under this

 

subsection shall not operate a school bus until the driver has

 

passed the test. The commercial driver license skills test shall be

 

conducted by an examiner not employed or under contract with the

 

same agency or school of the driver being tested.

 

     Sec. 51. (1) A driver of a school bus transporting passengers

 


or a driver of a pupil transportation vehicle used for the

 

regularly scheduled transportation of passengers to and from school

 

and home  shall have in his or her possession a certificate stating

 

that he or she has enrolled in the entry level school bus safety

 

education course or has successfully completed a course in school

 

bus safety education within the immediately preceding 2 years. The

 

entry level course shall be available to the school bus driver

 

within 90 days of enrollment. Enrollment certificates shall expire

 

10 days after the end of the entry level course in which the driver

 

is enrolled. A second enrollment certificate shall not be issued.

 

The entry level course and subsequent 6-hour continuing education

 

course shall be approved by the superintendent of public

 

instruction and shall be provided by an approved educational

 

agency. The certificate of successful completion of each course

 

shall be prescribed by the superintendent of public instruction and

 

successfully completed by an instructor of the course. Failure to

 

successfully complete the entry level course or to complete the 6-

 

hour continuing education course within 2 years after certification

 

of successful completion of a prior course shall be reported by the

 

instructional agency to the department of education and to the

 

school which employs the driver. A driver who fails to successfully

 

complete the entry level course within 90 days after enrollment or

 

to meet the continuing education requirements shall not be

 

permitted to drive a school bus transporting passengers.  or a

 

pupil transportation vehicle used for the regularly scheduled

 

transportation of passengers to and from school and home.

 

     (2) The person or persons in charge of school bus operations

 


at a school shall have, at a minimum, successfully completed the

 

introductory school bus safety education course established in

 

subsection (1) and  beginning school bus driver training program in

 

his or her first year serving as the person or persons in charge of

 

the operation. The person or persons in charge of school bus

 

operations at a school shall successfully complete  not less than  

 

6 hours of supervisory continuing education every 2 years after the

 

successful completion of the beginning school bus driver training

 

program. The continuing education course or courses shall be

 

approved by the superintendent of public instruction and shall be

 

provided by an approved educational agency.

 

     (3) The cost of any course instruction and the base rate of

 

compensation of the driver shall be reimbursed by the state on an

 

equal basis for public and nonpublic schools as provided for by the

 

department of education. Attendance by a person at an entry level

 

course, a continuing education course, or an on-road driver skills

 

test as required by this section or section 52 shall be considered

 

compensable work time by the school and the person shall be paid at

 

not less than their base rate as determined by their individual

 

contract of employment or their contractual rate as negotiated

 

between the school and the person's collective bargaining

 

representative.

 

     (4) The legislature shall appropriate the funds necessary to

 

implement this section.  and section 52.

 

     (5) The department of education shall report to the

 

legislature the cost of implementing this section and section 52 by

 

January 1, 1991.

 


     Sec. 53. (1)  All regular drivers and substitute drivers of

 

school buses transporting passengers and pupil transportation

 

vehicles used for the regularly scheduled transportation of

 

passengers to and from home  A driver of a school bus shall, at a

 

minimum, meet the following qualifications:

 

     (a) The requirements of sections 49 and 51.

 

     (b) For a school bus  or pupil transportation vehicle  

 

operating in intrastate transportation, the annual physical

 

requirements for school bus  and pupil transportation vehicle  

 

drivers as authorized by the superintendent of public instruction.

 

In meeting these physical requirements, the driver shall be

 

examined by a licensed physician, physicians' assistant, or

 

certified nurse practitioner and shall present the medical

 

certificate to the employer.

 

     (c) An employer who has reason to believe that a driver is not

 

physically qualified to drive may require a physical examination

 

for that driver in accordance with subdivision (b) at more frequent

 

intervals. If an employer requests a physical examination under

 

this subdivision, the employer shall indicate in writing what

 

physical impairment covered under the requirements of subdivision

 

(b) the driver is to be examined for and shall only be entitled to

 

that portion of the examination results that pertain to that

 

impairment. An examination requested by the employer under this

 

subdivision shall be paid for by the employer.

 

     (d) A copy of the medical certificate for a driver shall be

 

carried by that driver while he or she is operating a school bus.  

 

or pupil transportation vehicle.

 


     (2) A record of each employed school bus  or pupil

 

transportation vehicle  driver, including a copy of his or her

 

medical certificate, department of education certification, driver

 

license, certificate of road test application for employment, and

 

any other information that relates to driver qualification or

 

ability to safely drive a school bus,  or pupil transportation

 

vehicle,  shall be maintained in the employer's administrative

 

office.

 

     (3) A school shall submit transportation safety related

 

documents, such as driver qualification records, and vehicle

 

maintenance records upon request for inspection and copying to

 

motor carrier officers or vehicle safety inspectors of the

 

department of state police.

 

     (4) Upon receipt of an application from a person for the

 

position of school bus driver,  or pupil transportation vehicle

 

driver,  a school shall request from the department of state police

 

a background check to determine whether the person was convicted of

 

any of the following offenses:

 

     (a) Criminal sexual conduct in any degree.

 

     (b) Assault with intent to commit criminal sexual conduct.

 

     (c) An attempt to commit criminal sexual conduct in any

 

degree.

 

     (d) Felonious assault on a child, child abuse, or cruelty,

 

torture, or indecent exposure involving a child.

 

     (e) A violation of section 145c of the Michigan penal code,

 

1931 PA 328, MCL 750.145c.

 

     (5) A person shall not smoke on a school bus.  or pupil

 


transportation vehicle.

 

     (6) A person shall not possess or consume alcoholic liquor or

 

a controlled substance on a school bus.  or pupil transportation

 

vehicle.

 

     (7) This section does not require new or additional third

 

party reimbursement or worker's compensation benefits for services

 

rendered.

 

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

 

flashing lights only when the school bus is stopped or stopping on

 

a highway or private road for the purpose of receiving or

 

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

 

driver shall not actuate the alternately flashing lights when

 

operating on a public highway or private road and transporting

 

passengers primarily other than school pupils.

 

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

 

highways or private roadways open to the public shall receive or

 

discharge pupils from the bus in the following manner:

 

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

 

a school bus equipped with only the alternately flashing overhead

 

red lights in accordance with section 17 shall activate the

 

alternately flashing overhead red lights not less than 200 feet

 

before the stop, stop the school bus on the roadway or private road

 

to provide for the safety of the pupils being boarded or

 

discharged, and continue to activate the alternately flashing

 

overhead red lights while receiving or discharging pupils. The bus

 

shall stop in the extreme right-hand lane when boarding or

 

discharging pupils. Before resuming motion, the driver shall

 


deactivate these lights and allow congested traffic to disperse

 

where practicable. The deactivation of these lights is the signal

 

for stopped traffic to proceed.

 

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

 

driver of a school bus equipped with red and amber alternately

 

flashing overhead lights in accordance with section 19 shall

 

activate the alternately flashing overhead amber lights not less

 

than 200 feet before the stop, stop the bus on the roadway or

 

private road to provide for the safety of the pupils being boarded

 

or discharged, deactivate the alternately flashing overhead amber

 

lights, and activate the alternately flashing overhead red lights

 

while receiving or discharging pupils. The bus shall stop in the

 

extreme right-hand lane for the purpose of boarding or discharging

 

pupils. Before resuming motion, the driver shall deactivate these

 

lights and allow congested traffic to disperse where practicable.

 

The deactivation of these lights is the signal for stopped traffic

 

to proceed.

 

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

 

driver of a school bus equipped with only the alternately flashing

 

overhead red lights in accordance with section 17 shall activate

 

the alternately flashing overhead red lights not less than 200 feet

 

before the stop, stop the bus as far off the roadway or private

 

road as practicable to provide for the safety of the pupils being

 

boarded or discharged, and continue to activate the alternately

 

flashing overhead red lights while receiving or discharging pupils.

 

Before resuming motion, the driver shall deactivate these lights

 

and allow congested traffic to disperse where practicable. The

 


deactivation of these lights is the signal for stopped traffic to

 

proceed.

 

     (d) If the pupils are not required to cross the roadway, the

 

driver of a school bus equipped with red and amber alternately

 

flashing overhead lights in accordance with section 19 shall

 

activate the alternately flashing overhead amber lights not less

 

than 200 feet before the stop, stop the bus as far off the roadway

 

or private road as practicable to provide for the safety of the

 

pupils being boarded or discharged, deactivate the alternately

 

flashing overhead amber lights, and activate the alternately

 

flashing overhead red lights while receiving or discharging pupils.

 

Before resuming motion, the driver shall deactivate these lights

 

and allow congested traffic to disperse where practicable. The

 

deactivation of these lights is the signal for stopped traffic to

 

proceed.

 

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

 

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

 

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

 

traffic to flow and to provide for the safety of pupils being

 

boarded or discharged, the driver shall activate the hazard warning

 

lights before the stop and continue to display the lights until the

 

process of receiving or discharging passengers has been completed

 

if the lawful speed limit is 45 miles per hour or less. Before

 

resuming motion, the driver shall deactivate these lights. The

 

driver of a school bus shall only use this procedure at stops where

 

the school administrator or person or entity under contract with a

 

school to provide pupil transportation services has approved its

 


use. If this hazard warning light option is not used, the driver

 

shall use the appropriate procedure in subdivision (a), (b), (c),

 

or (d) as if pupils were not required to cross the roadway.

 

     (f) Except as provided in subdivision (e), if the pupils are

 

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

 

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

 

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

 

of the roadway or private road leaving the normal traffic flow

 

unobstructed and to provide for the safety of pupils being boarded

 

or discharged, the driver shall activate the hazard warning lights

 

before the stop and continue to display the lights until the

 

process of receiving or discharging passengers has been completed.

 

Before resuming motion, the driver shall deactivate these lights.

 

The driver of a school bus shall only use this procedure at stops

 

where the school administrator or entity under contract with a

 

school to provide pupil transportation services has approved its

 

use. If this hazard warning light option is not used, the driver

 

shall use the appropriate procedure in subdivision (a), (b), (c),

 

or (d) as if pupils were not required to cross the roadway.

 

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

 

activation by this subsection shall be measured on the roadway or

 

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

 

pupils.

 

     (3) Pupils crossing the roadway upon being discharged from a

 

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

 

school district authorizes its school bus drivers to signal pupils

 

to cross in front of the stopped school bus, the signal shall be

 


uniform throughout the school district.

 

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

 

purpose of receiving or discharging pupils in the following

 

instances:

 

     (a) Within 200 feet of a public or private roadway

 

intersection unless the stop is approved by the school

 

administrator or entity under contract with a school to provide

 

pupil transportation services.

 

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

 

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

 

leaving an intervening space, a physical barrier, or clearly

 

divided sections so constructed as to impede vehicular traffic if

 

the pupils are required to cross the roadway.

 

     (c) Upon a roadway constructed or marked to permit 3 or more

 

separate lanes of vehicular traffic in either direction if the

 

pupils are required to cross the roadway.

 

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

 

flashing overhead red lights shall not stop the bus on any highway

 

or roadway for the purpose of receiving or discharging pupils under

 

the following conditions:

 

     (a) If the lawful speed limit is more than 35 miles per hour

 

and the stopped bus is not clearly and continuously visible to

 

approaching vehicles on that highway or roadway for at least 400

 

feet. When the distance from the stopped bus to the end of the

 

highway or roadway is less than 400 feet, clear and continuous

 

visibility must be available from the bus to the end of the highway

 

or roadway.

 


     (b) If the lawful speed limit is 35 miles per hour or less and

 

the stopped bus is not clearly and continuously visible to

 

approaching vehicles on that highway or roadway, for at least 200

 

feet. When the distance from the stopped bus to the end of the

 

highway or roadway is less than 200 feet, clear and continuous

 

visibility must be available from the bus to the end of the highway

 

or roadway.

 

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

 

controlled by a traffic control signal.

 

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

 

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

 

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

 

crossing procedures and the correct hand signal in the district, if

 

any. If a school uses school bus drivers for this instruction, the

 

state board may reimburse the school for this training.

 

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

 

roadway" does not include crossing the roadway with the assistance

 

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

 

crossing guard as defined in section 57b of the Michigan vehicle

 

code, 1949 PA 300, MCL 257.57b, and applies only to the roadway on

 

which the stop is being made.

 

     (8) For purposes of this section, a school bus is clearly and

 

continuously visible if approaching traffic is able to see the

 

entire width of the front and back of a school bus from a

 

horizontal line tangent with the top of the vehicle's front and

 

rear bumpers to a horizontal line tangent with the vehicle's most

 

forward and rearward roofline for the entire 400-foot sight line to

 


the school bus with no obstruction of the area for the entire 400-

 

foot sight line to the school bus in its stopped position.

 

     Sec. 57. (1) Except as provided in subsections (2), (3), and

 

(4), the driver of a school bus, before crossing a railroad track

 

at grade, shall stop the vehicle within 50 feet but not less than

 

15 feet from the nearest rail, activate hazard warning lights, turn

 

off all interior switches including fans, heaters, and radios, open

 

the passenger door and driver-side window, and while stopped shall

 

listen and look in both directions along the track for an

 

approaching train and for signals indicating the approach of a

 

train, and shall not proceed until the driver can do so safely.

 

After stopping as required in this subsection, and upon proceeding

 

when it is safe to do so, the driver of the vehicle shall cross

 

only in a gear of the vehicle that does not require changing gears

 

while traversing the crossing. The driver shall not shift gears

 

while crossing the track or tracks.

 

     (2) A stop need not be made at a railroad track grade crossing

 

where a uniformed police officer or a traffic-control signal

 

directs traffic to proceed.

 

     (3) A stop need not be made at an abandoned railroad track

 

grade crossing. As used in this subsection, "abandoned railroad

 

track" means a railroad track which meets  all  both of the

 

following requirements:

 

     (a) The track has been  abandoned pursuant to the former

 

provisions of Act No. 56 of the Public Acts of 1919, being sections

 

469.241 to 469.246 of the Michigan Compiled Laws; section 14 of Act

 

No. 300 of the Public Acts of 1909, being section 462.14 of the

 


Michigan Compiled Laws; or federal law  completely paved over or

 

removed.

 

     (b) The track has been covered or removed.

 

     (b)  (c)  All signs, signals, and other warning devices are

 

removed.

 

     (4) A stop shall not be made at a railroad track grade

 

crossing on a freeway or limited access highway where the crossing

 

is protected by a clearly visible signal, crossing gate, or barrier

 

at a time when the signal, crossing gate, or barrier is not

 

activated.

 

     (5) A person who violates this section is responsible for a

 

civil infraction and may be ordered to pay a civil fine of not more

 

than $100.00. A civil infraction under this subsection shall be

 

processed in the same manner as a civil infraction under the

 

Michigan vehicle code,  Act No. 300 of the Public Acts of 1949,

 

being sections 257.1 to 257.923 of the Michigan Compiled Laws  1949

 

PA 300, MCL 257.1 to 257.923.

 

     Sec. 61. A person  driving  operating a school bus shall not

 

exceed the speed limits established for this type of vehicle under

 

the Michigan vehicle code,  Act No. 300 of the Public Acts of 1949,

 

being sections 257.1 to 257.923 of the Michigan Compiled Laws  1949

 

PA 300, MCL 257.1 to 257.923. A person who violates this section is

 

subject to the penalty assessed for violation of section 627  or 

 

627b  of the Michigan vehicle code,  Act No. 300 of the Public Acts

 

of 1949, being sections 257.627 and 257.627b of the Michigan

 

Compiled Laws  1949 PA 300, MCL 257.627.

 

     Sec. 67. (1) In compliance with section 65(8), if a

 


determination is made that economically feasible private

 

transportation does not exist, a school may contract with a

 

federal, state, or local unit of government, or a subcontractor of

 

these units, for the use of a school bus to transport persons to or

 

from an activity or function sponsored or operated by the unit of

 

government. The governmental agency, or subcontractors of the

 

governmental agency, shall pay the full costs incurred in the use

 

of a school bus. A school bus may be contracted out only in

 

compliance with the provisions of the school insurance policy and

 

any joint stipulations of the school and the school bus drivers

 

including, but not limited to, any collective bargaining agreements

 

in force or if no collective bargaining agreement exists, agreement

 

with the bargaining agent if it has been designated. A school shall

 

not purchase additional school buses for the sole purpose of

 

implementing this provision of law.

 

     (2) The provision of school buses for the purpose provided in

 

subsection (1) shall not be made if bus service for  K to 12  

 

pupils of the school would be compromised.

 

     Sec. 69. The cost of purchasing  pupil transportation vehicles

 

and  school buses and the rehabilitation of school buses to extend

 

the period of usefulness shall conform with the rules promulgated

 

by the department of education to provide state aid to eligible

 

school districts for the purchase of  pupil transportation vehicles

 

and  school buses and the cost of rehabilitation of school buses to

 

extend the period of usefulness.

 

     Sec. 70. (1) The department of education shall establish an

 

advisory committee to advise the department on issues and topics

 


concerning school buses and school bus safety. The advisory

 

committee shall consist of a member from each of the following

 

departments or organizations:

 

     (a) The department.

 

     (b) The department of state police.

 

     (c) The state transportation department.

 

     (d) The department of state.

 

     (e) The Michigan association for pupil transportation.

 

     (f) The Michigan association of school business officials.

 

     (g) The Michigan association of school administrators.

 

     (h)  Buses united for safety.  The training agency association

 

of Michigan.

 

     (i) A member representing nonpublic schools.

 

     (j) The Michigan education association.

 

     (k) The Michigan association of school boards.

 

     (l) Other organizations representing school bus drivers as the

 

department considers appropriate.

 

     (m) Any other organizations or groups the department considers

 

necessary.

 

     (2) The advisory committee shall include members representing

 

bus drivers and supervisors in rural areas, suburban areas, and

 

cities in the Lower and Upper Peninsula.

 

     (3) The advisory committee shall assist the department in the

 

development of continuing education courses for school bus drivers

 

and supervisors, any modifications to the introductory school bus

 

safety course, the program to evaluate driving skills and on-road

 

procedural performance skills of each school bus driver, and the

 


minimum threshold for a required safety evaluation, which may

 

include, but is not limited to, number of points on a driving

 

record, operating impaired or under the influence of alcohol, at-

 

fault accidents, or violations of safety procedures, for requiring

 

drivers to take the on-road driver skills test.

 

     (4) The advisory committee shall assist the department in

 

updating physical examination requirements as necessary to comply

 

with changes in federal and state law or rules.

 

     (5) By August 15, 1991 the advisory committee shall complete

 

and present to the state board of education, along with their

 

recommendations, a study of the feasibility, safety, and fiscal

 

implications of requiring school bus and pupil transportation

 

vehicle drivers to take the on-road driver skills test within each

 

4-year period the driver is assigned to drive a school bus or pupil

 

transportation vehicle.

 

     (6) By October 1, 1991 the advisory committee shall complete

 

and present to the legislature, a study of the feasibility, safety,

 

and fiscal impact of an all right hand drop procedure for boarding

 

and discharging passengers from a school bus.

 

     (7) By January 1, 1992 the advisory committee shall complete

 

and present to the legislature a study of the feasibility, safety,

 

and fiscal implications of using transit style school buses

 

exclusively. The study shall include, but not be limited to, an

 

estimate of the current number of transit style school buses and

 

other school bus types, the cost differential between the types

 

based on passenger capacity, the accident rate for 1989 on transit

 

and nontransit style school buses, and the estimated annual savings

 


if the frequency and severity of personal injuries and property

 

damages are reduced by the use of transit style school buses.

 

     Sec. 73. (1) A person who violates this act is  guilty of a

 

misdemeanor  responsible for a state civil infraction and shall be

 

assessed a fine of not more than $500.00, unless that violation is

 

by this act or other law of this state declared to be a felony or a

 

civil infraction.

 

     (2) Unless another penalty is provided in this act or by the

 

laws of this state, a person convicted of a misdemeanor for the

 

violation of this act shall be punished by a fine of not more than

 

$500.00, or by imprisonment for not more than 3 months, or both.

 

     (2)  (3)  Motor carrier officers appointed by the director of

 

the department of state police shall have all the powers conferred

 

upon peace officers by the general laws of this state to enforce

 

this act and the rules promulgated pursuant to this act.

 

     Enacting section 1. This amendatory act does not take effect

 

unless House Bill No. 5494 of the 93rd Legislature is enacted into

 

law. Enacting section 2. This amendatory act takes effect August

 

15, 2006.