SB-0932, As Passed House, February 28, 2006

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 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 257.627b.

     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.