SB-0932, As Passed Senate, January 31, 2006

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 932

 

 

 

 

 

 

 

 

 

 

 

 

      A bill to amend 1990 PA 187, entitled

 

"The pupil transportation act,"

 

by amending the title and sections 5, 7, 9, 10, 10a, 11, 21, 23,

 

25, 27, 29, 31, 33, 39, 41, 43, 49, 51, 53, 55, 57, 61, 67, 69,

 

70, and 73 (MCL 257.1805, 257.1807, 257.1809, 257.1810,

 

257.1810a, 257.1811, 257.1821, 257.1823, 257.1825, 257.1827,

 

257.1829, 257.1831, 257.1833, 257.1839, 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), sections 5, 7, 10,

 

and 10a as amended by 2000 PA 49, section 23 as amended by 1990

 

PA 322, section 33 as amended by 2001 PA 130, 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; and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1                                 TITLE

 

 2        An act to regulate the equipment, maintenance, operation,

 

 3  and use of school buses;  and pupil transportation vehicles;  to

 

 4  prescribe the qualifications of school bus  and pupil

 

 5  transportation vehicle  drivers; to prescribe the powers and

 

 6  duties of certain state and local governmental agencies; to

 

 7  create an advisory committee and to prescribe its powers and

 

 8  duties; and to prescribe remedies and penalties.

 

 9        Sec. 5.  (1) "Modified school bus" means a school bus of any

 

10  age with a factory installed fuel system that has been modified

 

11  to operate on a fuel source other than gasoline or diesel fuel.

 

12        (1)  (2)  "Motor bus" and "motor carrier of passengers" mean

 

13  those terms as defined in section 3 of the motor bus

 

14  transportation act, 1982 PA 432, MCL 474.103.

 

15        (2)  (3)  "Nonpublic school" means  a private school, a

 

16  denominational school, or a parochial school as defined by law  

 

17  that term as defined in section 5 of the revised school code,

 

18  1976 PA 451, MCL 380.5.

 

19        (3)  (4)  "Public school" means  a local school district, a

 

20  local act school district, a public school academy, a university

 

21  school, or an intermediate school district as defined by law  

 

22  that term as defined in section 5 of the revised school code,

 

23  1976 PA 451, MCL 380.5.

 

24        (5) "Pupil transportation vehicle" means any vehicle other

 

25  than a school bus with a manufacturer's rated seating capacity of

 


 1  11 or more passengers, including the driver, that is used to

 

 2  transport pupils to or from school or school-related events.

 

 3  Pupil transportation vehicle does not include a vehicle operated

 

 4  by a motor carrier of passengers or a public transit agency, or a

 

 5  vehicle used by a parent or a parent's designee to transport his

 

 6  or her children to or from school or school-related events.

 

 7        (6) "Rehabilitated school bus" means a bus that is at least

 

 8  4 years old and has accumulated at least 100,000 miles, or is 7

 

 9  years old; and that has been thoroughly inspected and had all

 

10  systems repaired, replaced, or adjusted to meet the department of

 

11  state police inspection requirements including but not limited

 

12  to:

 

13        (a) Engine overhaul of short block.

 

14        (b) New tires on the front axle.

 

15        (c) New recap tires on the rear axle.

 

16        (d) New brake linings and drums.

 

17        (e) New hydraulic brake lines.

 

18        (f) New front and rear springs.

 

19        (g) New paint in the interior.

 

20        (h) New exhaust system.

 

21        (4)  (7)  "Rule" means a rule promulgated pursuant to the

 

22  administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

 

23  24.328.

 

24        (5)  (8)  "School" means either a public school or a

 

25  nonpublic school, or both.

 

26        Sec. 7. (1) "School bus" means a motor vehicle  ,other than

 

27  a pupil transportation vehicle,  with a manufacturer's rated

 


 1  seating capacity of 11 or more passengers, including the driver,

 

 2  used for the transportation of preprimary, primary, or secondary

 

 3  school pupils to or from school or school-related events  that is

 

 4  owned by a school or is used to transport pupils under a contract

 

 5  or agreement with a school  or a multifunction school activity

 

 6  bus manufactured after September 2, 2003 as defined in 49 CFR

 

 7  571.3, 49 CFR 571.108, and 49 CFR 571.131. School bus does not

 

 8  include a vehicle operated by a public transit agency or

 

 9  authority.  or by a motor carrier certified by the state

 

10  transportation department unless the vehicle is used exclusively

 

11  to transport pupils or is used to transport pupils along a route

 

12  designed to serve 1 or more schools in a school district if

 

13  elementary school pupils along the route are required to cross

 

14  the highway or roadway, as described in section 55.  A vehicle

 

15  that is not a school bus is not subject to this act. For the

 

16  purposes of this act, a parent,  parent's designee,  or legal

 

17  guardian transporting his or her child or another child with

 

18  written permission of the other child's parent or legal guardian

 

19  on a school-related event,  if not compensated by the school,

 

20  shall not be considered an agent of the school  is not subject to

 

21  this act.

 

22         (2) "School transportation vehicle" means any motor vehicle

 

23  with a manufacturer's rated seating capacity of 10 passengers or

 

24  less, including the driver, when operated for the scheduled

 

25  transportation of pupils to or from school or school-related

 

26  events. School transportation vehicle does not include a vehicle

 

27  used by a parent or parent's designee to transport children to or

 


 1  from school or school-related events.

 

 2        (2)  (3)  "Type I school bus" means a school bus with a

 

 3  gross vehicle weight rating of more than 10,000 pounds.

 

 4        (3)  (4)  "Type II school bus" means a school bus with a

 

 5  gross vehicle rating of 10,000 pounds or less.

 

 6        (5) "Type I premium school bus" means a school bus with a

 

 7  passenger capacity of over 66 pupils and any other school bus

 

 8  purchased by a district at a cost for the vehicle, excluding

 

 9  interest and special equipment, which exceeds by more than 15%

 

10  the average cost of a school bus meeting state minimum

 

11  specifications of the same capacity purchased during the same

 

12  year.

 

13        Sec. 9. The state board of education shall regulate pupil

 

14  transportation. The state board or its authorized representative

 

15  may review, confirm, set aside, or amend the action, order, or

 

16  decision of a school with reference to the routes over which

 

17  pupils shall be transported, and the suitability and number of

 

18  the vehicles and equipment for the transportation of the pupils.

 

19  The state board shall promulgate rules as necessary to implement

 

20  this act except that the department of state police, in

 

21  cooperation with the state board,  shall  may promulgate rules  

 

22  for safety specifications and operational procedures for school

 

23  buses and pupil transportation vehicles  related to vehicle and

 

24  equipment standards.

 

25        Sec. 10. (1) Each  motor vehicle  school bus owned or

 

26  operated by a public or private nonpublic school, an agent of a

 

27  school, a private business, or a unit of government for the

 


 1  transportation of pupils to or from school or school-related

 

 2  events shall meet or exceed the federal motor vehicle safety

 

 3  standards applicable to the construction and sale of that  

 

 4  vehicle  school bus and for all seating positions in that

 

 5  vehicle. A school or an agent of a school may transport pupils

 

 6  with disabilities in mobile seating devices in accordance with

 

 7  federal standards specifically applicable to such pupils, their

 

 8  wheelchairs, and related wheelchair securement and occupant

 

 9  protection systems.

 

10        (2) A vehicle, other than a school bus, with a

 

11  manufacturer's rated seating capacity of 11 or more passengers,

 

12  including the driver, shall not be used to transport pupils to or

 

13  from school or school-related events.  after October 1, 2002,

 

14  except as provided in this act.  This subsection does not apply

 

15  to motor buses that are described in section 10a.

 

16        (3) A school shall not purchase a vehicle to transport

 

17  pupils to or from school or school-related events having a

 

18  manufacturer's rated seating capacity of 11 or more passengers,

 

19  including the driver, that does not meet or exceed the passenger

 

20  protection federal motor vehicle safety standards applicable to

 

21  that vehicle. A school shall not purchase a vehicle to be used to

 

22  transport passengers to or from school or school-related events

 

23  for which there are no applicable passenger protection federal

 

24  motor vehicle safety standards. This subsection applies to

 

25  vehicles, other than school buses, purchased on or after October

 

26  1, 1993.

 

27        (4) Vehicles used by parents or a parent's designee to

 


 1  transport their children to and from school and school-related

 

 2  events under contract with the school are exempt from the

 

 3  requirements of this section.

 

 4        (5) Subsection (2) does not apply to a commercial motor

 

 5  vehicle operated by a carrier certificated by the state

 

 6  transportation department, or a bus operated by a public transit

 

 7  agency or authority excluded from the definition of school bus as

 

 8  described in section 7(1).

 

 9        Sec. 10a. (1) A school may contract with a licensed motor

 

10  carrier of passengers for a motor bus to be used for occasional

 

11  transportation of pupils to or from school-related events. A

 

12  school shall not directly operate a motor bus for the use of

 

13  pupil transportation to and from school or school-related events.

 

14  A motor carrier certified by the state transportation department

 

15  shall not use a motor bus to transport pupils to and from school.

 

16        (2)  The  Before the effective date of the amendatory act

 

17  that amended this section, the department of education may

 

18  authorize the use of a motor bus for the regular route

 

19  transportation of pupils to or from school or home. The

 

20  authorization shall be in writing and shall include conditions or

 

21  restrictions that are necessary to safeguard the health, safety,

 

22  and welfare of the pupils. Any authorization that is entered into

 

23  before the effective date of the amendatory act that amended this

 

24  subsection shall remain in effect for the time it is authorized.

 

25        (3) A motor bus built to school bus specifications that

 

26  complies with the applicable federal motor vehicle safety

 

27  standards shall comply with the requirements of this act.

 


 1        Sec. 11. (1) This section and sections 13 to 21 apply to

 

 2  both type I and type II school buses except where specifically

 

 3  provided otherwise.

 

 4        (2) A type I school bus shall have an outside body width of

 

 5  not more than  96  102 inches; an outside overall length of not

 

 6  more than  40  45 feet; and an inside height of not less than 72

 

 7  inches, aisle floor surface to ceiling. A type II school bus

 

 8  shall have an outside body width of not more than  96  102 inches  

 

 9  ;  and an inside height of not less than 60 inches, aisle floor

 

10  surface to ceiling.

 

11        (3) A bus shall be attached firmly to the chassis. A spacer

 

12  shall be inserted between the body and the frame at every point

 

13  of contact so that shearing stresses are not put on rivet heads.

 

14        (4) A bus floor shall be of metal at least equal in strength

 

15  to 14-gauge steel and so constructed and maintained that exhaust

 

16  gases cannot enter the bus. The floor, including wheelhousing,

 

17  aisle, and stepwell, shall be covered and maintained with  1/8-

 

18  inch smooth rubber or an equivalent as determined by the

 

19  department of state police. The aisles shall be covered and

 

20  maintained with 3/16-inch ribbed rubber or an equivalent as

 

21  determined by the department of state police. The rib-aisle shall

 

22  continue to the stepwell. Metal longitudinal strips shall be

 

23  applied to the aisle seams.  a slip-resistant surface. Floors

 

24  shall be coved to the walls. All closures between the body and

 

25  the engine compartment shall be fitted with gaskets which

 

26  effectively prevent gas from entering the body. The bus body

 

27  floor, cross members, and skirts shall be completely undercoated.

 


 1  A transmission inspection plate, if any, need not  be rubber-

 

 2  covered  have a slip-resistant surface but shall be firmly

 

 3  attached.  Plywood floors are optional.

 

 4        (5) Sedan-type doors shall not be used on type I school

 

 5  buses. When a jackknife-type service door is used, it shall fold

 

 6  forward toward the front of the bus. If a split-type service door

 

 7  is used, it shall open outward. Sedan-type doors may be used on

 

 8  service entrances of type II buses. The steps of a service door

 

 9  entrance shall be covered with 3/16-inch molded ribbed rubber or

 

10  other nonslip surface.

 

11        (6) An emergency exit shall be provided as follows:

 

12        (a) Type I school bus: the upper and lower portion of the

 

13  central rear emergency door shall be equipped with approved

 

14  safety glass. The door shall be hinged on the right side and the

 

15  door handle located on the extreme left. Piano hinges shall not

 

16  be used. The handle shall be in the vertical position when

 

17  latched. A locking device of any kind shall not be attached to,

 

18  or made a part of, the emergency door unless the locking device

 

19  meets all of the following criteria:

 

20        (i) The device is integrated into the ignition system.

 

21        (ii) The device is tamper resistant.

 

22        (iii) The device has an audible alarm system.

 

23        (iv) The device has an audible alarm near the driver's seat

 

24  that will sound when the door is locked and the ignition is on.

 

25        (v) The device is approved by the department of state

 

26  police.

 

27        (b) Type II school bus: subdivision (a) applies to type II

 


 1  buses except that  body gauge metal may be substituted for safety

 

 2  glass in the lower portion of the rear emergency door, and  

 

 3  double rear emergency doors may be used. A double rear emergency

 

 4  door shall have a 3-point latch.

 

 5        (7) A bus body shall be lined with fiberglass or a

 

 6  comparable nonsettling, nonabsorbent insulation.

 

 7        (8) Book racks shall not be installed in a school bus.

 

 8        (9) The electrical system shall be 12 volt D.C. provided

 

 9  through an alternator with a minimum of 100 amp rating and a

 

10  minimum battery storage capacity of 500 CCA with gasoline engine,

 

11  or 900 CCA with diesel engine provided through 1 12-volt battery,

 

12  2 12-volt batteries, or 2 6-volt batteries. There shall not be an

 

13  opening through the floor of the bus to service the battery.

 

14        (10) All baggage, articles, equipment, or medical supplies

 

15  not held by individual passengers shall be secured in a manner

 

16  which assures unrestricted access to all exits by all occupants,

 

17  does not restrict the driver's ability to operate the bus, and

 

18  protects all occupants against injury resulting from falling or

 

19  displacement of any baggage, article, or equipment. Oxygen

 

20  cylinders secured to a wheelchair shall be considered to be in

 

21  compliance with this subsection, provided they do not impede

 

22  access to any exit.

 

23        (11) Radio speakers shall be no closer to the driver than 3

 

24  seat positions behind the driver. This subsection does not apply

 

25  to radio speakers for 2-way communication devices.

 

26        Sec. 21.  (1) A school bus shall be equipped with 2

 

27  windshield wipers and 2 windshield washers. A washer reservoir

 


 1  shall be 70 ounces or more.

 

 2        (2) A windshield shall be slanted to prevent glare and large

 

 3  enough to permit the driver to see the road clearly.

 

 4        (3) All glass shall be safety glass and shall comply with

 

 5  the requirements of section 27, where applicable.  A school bus

 

 6  shall be equipped with windshield wipers, washers, a washer

 

 7  reservoir, and a windshield that meets the requirements of 49 CFR

 

 8  571.103 and 571.104.

 

 9        Sec. 23. (1) A school bus  or pupil transportation vehicle  

 

10  shall be equipped in a manner that the driver, in a normal seated

 

11  position, either by direct vision or by use of an indirect vision

 

12  mirror system, shall be able to observe objects on the roadway in

 

13  front of and beside the vehicle located inside a continuously

 

14  visible rectangular area.  having a length defined as the length

 

15  of the vehicle plus not less than 18 feet in front of the vehicle

 

16  and a width defined as the width of the vehicle plus not less

 

17  than 2 feet on either side of the vehicle. A mirror used to

 

18  comply with this subsection shall be at least 7-1/2 inches in

 

19  diameter and convex in shape.  The school bus shall comply with

 

20  the visibility and equipment requirements of 49 CFR 571.111.

 

21        (2) The interior mirror shall be clear view, safety glass

 

22  with a reflective surface  of 6 inches in height by 30 inches in

 

23  width for type I school buses, and shall be metal-backed and

 

24  framed  that provides a clear and reasonably unobstructed view to

 

25  the rear of the vehicle and complies with 49 CFR 571.111. It

 

26  shall have rounded corners and padded edges.  Interior mirrors

 

27  for type II school buses shall have a reflective surface of 6

 


 1  inches in height by 15 inches in width and shall be protected by

 

 2  framing and padding as for type I school buses. The interior

 

 3  mirror for a pupil transportation vehicle shall be as provided by

 

 4  the manufacturer and approved by the department of state police.

 

 5        (3) Sun shades, if installed, shall be mounted so that the

 

 6  mounting brackets are not likely to cause injury in the event of

 

 7  an accident.

 

 8        (4) This section does not apply to a pupil transportation

 

 9  vehicle other than a passenger van that is used as a pupil

 

10  transportation vehicle.

 

11        Sec. 25. (1) A school bus shall be equipped with at least 1,

 

12  2A-10BC dry chemical fire extinguisher, or its equivalent,  that

 

13  is approved by the department of state police and  that has an

 

14  aluminum, brass, or bronze valve. The extinguisher shall be

 

15  mounted securely in an accessible place in the driver's

 

16  compartment and shall be in satisfactory operating condition at

 

17  all times.

 

18        (2) A school bus  or pupil transportation vehicle  shall be

 

19  equipped with a first aid kit which shall be firmly mounted with

 

20  a quick release bracket in an accessible location in the driver's

 

21  compartment and which shall contain, at a minimum, all of the

 

22  following:

 

 

23      (a) Bandage compress (sterile gauze ......

24 pads), 4-inch .............................. 2 packages.

25      (b) Bandage compress (sterile gauze ......

26 pads, 2-inch ............................... 2 packages.

27      (c) Adhesive compress, 1-inch ......... 2 packages.


     (d) Triangular bandage with 2 safety .....

pins, 40-inch .............................. 1 package.

     (e) Roll gauze ........................ 1 package.

     (f) Elastic bandage, 3-inch ........... 1 package.

 

 

 5        Antiseptics and burn ointments shall not be included, except

 

 6  as required by the state transportation department.

 

 7        (3) A school bus  or a pupil transportation vehicle  shall

 

 8  be equipped with 3 bidirectional emergency reflective triangles

 

 9  which are properly cased and securely mounted and 3 red-burning

 

10  fusees which are capable of burning not less than 15 minutes and

 

11  which are properly cased and securely mounted in the driver's

 

12  compartment. Fusees and reflectors shall comply with the

 

13  standards set forth in this act and the rules promulgated

 

14  pursuant to this act.

 

15        Sec. 27. (1) A school bus  or pupil transportation vehicle  

 

16  shall be equipped with safety glass wherever glass is used in

 

17  doors, windows, and windshields. Rigid safety plastic which meets

 

18  the test requirements of American national standards institute

 

19  standard Z26.1-1966 may be used on school buses in lieu of safety

 

20  glass, except that front windshields shall be equipped with

 

21  safety glass. School buses shall be fitted with at least 1 push-

 

22  out window sash on each side of any school bus on which the

 

23  plastic panes are installed.

 

24        (2) As used in this section, "safety glass" means a product

 

25  composed of glass, so manufactured, fabricated, or treated as

 

26  substantially to prevent shattering and flying of the glass when

 

27  struck or broken.


 

 1        Sec. 29. Any part of a  gasoline  fuel tank or container or

 

 2  intake pipe shall not be located within or above the passenger-

 

 3  carrying portion of a school bus unless securely sealed off from

 

 4  that portion by means of a substantial metal cover. Fuel lines

 

 5  shall not extend above the frame rails. The gasoline container,

 

 6  including intake pipe, cap and vent on a school bus manufactured

 

 7  subsequent to December 31, 1964, shall be so designed that, in

 

 8  the event of overturn, the  gasoline  fuel will not be spilled at

 

 9  a rate in excess of 1 ounce per minute.

 

10        Sec. 31. A school bus may be equipped with a flashing,

 

11  oscillating, or rotating light mounted on the roof of the bus

 

12  approximately 6 feet from the rear of the vehicle which displays

 

13  a white light to the front, side, and rear of the bus.  which  If

 

14  a school bus is equipped with such a light, there is no

 

15  requirement that a driver use it. The light  may  shall not be

 

16  actuated by the driver  for use only in inclement  unless 1 or

 

17  more of the following conditions exist:

 

18        (a) Inclement weather such as fog, rain, or snow.  , when

 

19  boarding or discharging 

 

20        (b) When passengers  , from  are boarding or being

 

21  discharged.

 

22        (c) From 1/2 hour  before  after sunset until 1/2 hour  

 

23  after  before sunrise.  , or where 

 

24        (d) Where conditions hinder the visibility of the school

 

25  bus.

 

26        Sec. 33. (1) A school bus shall be painted as follows:

 

27        (a) The body, cowl, hood, and fenders shall be national


 

 1  school bus chrome yellow.

 

 2        (b) The bumper, body trim, wheels, and lettering shall be

 

 3  black. The wheel rims shall be gray, black, white, or natural, as

 

 4  provided by the manufacturer.

 

 5        (c) The wheel covers, if painted, shall be black.

 

 6        (d) The grill, if not chrome, shall be national school bus

 

 7  chrome yellow.

 

 8        (e) The mirrors, if painted, shall be black or yellow.

 

 9        (f) The name of the school district or contractor shall be  

 

10  painted  permanently affixed in black letters that are at least 6

 

11  inches high on the  back, front, and  sides of the bus. The name

 

12  of the school district or contractor shall be permanently affixed

 

13  on the front and back of the bus in black letters.

 

14        (g) The words "school bus" shall be permanently affixed on

 

15  the front and back of the bus between the overhead flashers in

 

16  black letters that are at least 8 inches in height.

 

17        (h) The outside of a school bus shall not have any other

 

18  lettering, symbol, marking, or advertising, except that animal

 

19  pictures, cartoon figures, and similar insignia may be affixed to

 

20  the bus in a temporary manner near the entrance door, but not

 

21  closer than the second window, to assist in identifying the bus

 

22  route. A unique identification number may be permanently affixed

 

23  on the upper corners of the back, front, or sides of the bus. A

 

24  contractor shall display a USDOT number when required and in the

 

25  manner required by 49 CFR parts 390 to 399.

 

26        (i) Wording for school bus roof and door emergency exits,

 

27  for inside and outside the bus, shall comply with the motor


 

 1  vehicle safety standards found in 49 CFR 571.217.

 

 2        (j) The roof of a school bus may be white or yellow.

 

 3  However, no part of a school bus may be white below the drip rail

 

 4  above the side windows.

 

 5        (2) Except for a bus leased seasonally to transport

 

 6  agricultural workers to and from a field for agricultural

 

 7  operations, a bus, other than a school bus, shall not be painted,

 

 8  in whole or in part, in the colors and design specified in

 

 9  subsection (1).

 

10        (3) Subsection (1) does not apply to multifunction school

 

11  activity buses.

 

12        (4) This section does not apply to a motor carrier certified

 

13  by the state transportation department using a motor bus for

 

14  school-related event transportation.

 

15        Sec. 39. (1) The department of state police shall inspect

 

16  each school bus  and pupil transportation vehicle  annually, and  

 

17  more frequently at a school  as the department of state police

 

18  determines necessary where school bus  or pupil transportation

 

19  vehicle  defects have been found, to determine if the school bus  

 

20  or pupil transportation vehicle  meets the requirements of this

 

21  act and the rules promulgated pursuant to this act. The

 

22  department of state police may delegate the inspection of school

 

23  buses to publicly employed inspectors if the inspection complies

 

24  with this section.

 

25        (2) Inspection of a school bus   or pupil transportation

 

26  vehicle  may be accomplished at any time, at any location, on or

 

27  off a school site, and as frequently as the department of state


 

 1  police considers necessary to secure passenger safety. A school

 

 2  bus  or pupil transportation vehicle  may be rejected by the

 

 3  inspecting state police official for further use in

 

 4  transportation of passengers if it does not meet the requirements

 

 5  of this act and the rules promulgated pursuant to this act.

 

 6  However, if a school bus  or pupil transportation vehicle  is

 

 7  determined to be safe for operation even though in unsatisfactory

 

 8  condition, the official may determine that not more than 60 days

 

 9  shall be allowed to effect a specific repair.

 

10        (3) A person,  having control over the operation of a school

 

11  bus or pupil transportation vehicle  school, or school bus owner

 

12  shall not operate or permit to be operated a school bus  or pupil

 

13  transportation vehicle  which has not been inspected under this

 

14  section.

 

15        (4) A modified school bus which uses liquefied petroleum gas

 

16  shall not be used to transport pupils unless the installation of

 

17  the fuel system has been inspected and approved as safe by the

 

18  department of state police.

 

19        (4) Any public or private entity that owns or uses a school

 

20  bus for pupil transportation shall identify itself to the

 

21  department of state police so an inspection can be scheduled. If

 

22  an entity has had school buses inspected in the previous year, it

 

23  is considered to have identified itself. If an entity stops pupil

 

24  transportation in 1 year and restarts pupil transportation in a

 

25  later year, it must identify itself to the department of state

 

26  police as requiring inspection before restarting pupil

 

27  transportation. An entity is considered to have identified itself


 

 1  by notifying a person of the department of state police

 

 2  responsible for conducting inspections under this act.

 

 3        (5) When an inspection is scheduled by the department of

 

 4  state police, an entity shall identify to the state police

 

 5  inspector all of the school buses that it intends to use for

 

 6  pupil transportation in that school year. Any school bus that is

 

 7  not submitted for inspection shall be rejected and have a red

 

 8  sticker affixed pursuant to section 41.

 

 9        (6) The department of state police may prohibit the

 

10  placement and use of any device or equipment on a school bus that

 

11  presents a safety hazard to the pupils, driver, or motorists

 

12  during the loading, unloading, or transportation of pupils.

 

13        (7) A school, before establishing a contract with a company

 

14  for school bus services, shall require the company to verify in

 

15  writing that the buses used by the contractor have been inspected

 

16  by the department of state police and have passed that

 

17  inspection. The school shall specify in a written contract that

 

18  the contractor will not use any school buses that have not been

 

19  inspected or have failed inspection, and that a violation of this

 

20  provision of the contract will result in revocation of the

 

21  contract. The contract shall specify that the contractor shall

 

22  submit, in writing, the inspection results of its entire fleet of

 

23  buses to the school within 30 days of the completion of the

 

24  department of state police inspection. A school shall identify to

 

25  the department of state police all of the contractors the school

 

26  is using upon request.

 

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


 

 1  may be rejected by the inspecting state official for use in

 

 2  transporting passengers if it does not meet the requirements of

 

 3  this act and the rules promulgated pursuant to this act.

 

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

 

 5  to be unsafe for further operation as a school bus  or pupil

 

 6  transportation vehicle  shall not be used.  in the transportation

 

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

 

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

 

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

 

10  transportation of any passenger.  Utilization of this vehicle  to

 

11  transport passengers  is in violation of law. {reverse side} Do

 

12  not remove without State Police authorization." The sticker shall

 

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

 

14  transported to a maintenance facility for repair if the school

 

15  bus driver provides written proof of destination to a state

 

16  police official upon request.

 

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

 

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

 

19  for operation, shall have affixed to its windshield by the state

 

20  police official a yellow sticker which shall read as follows:

 

21  "This vehicle has equipment defects. {reverse side} Repairs and

 

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

 

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

 

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

 

25  state police official shall remove the yellow sticker and affix a

 

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

 

27  necessary parts or equipment has been ordered but not received at


 

 1  the time of reinspection. Reinspection may take place within 60

 

 2  days after the original inspection.

 

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

 

 4  considered to be in satisfactory condition after inspection by a

 

 5  state police official shall have a Michigan vehicle inspection

 

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

 

 7  bus shall remove or destroy the pass sticker before selling the

 

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

 

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

 

10  property of the department of state police.

 

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

 

12  school bus  and a new pupil transportation vehicle  before a

 

13  school accepts delivery. The department of state police shall

 

14  determine whether the new vehicle is acceptable for delivery. The

 

15  department of state police may delegate the inspection of new

 

16  school buses  and pupil transportation vehicles  to publicly

 

17  employed inspectors if the inspection complies with this

 

18  subsection. A school shall not accept delivery of a new school

 

19  bus  or pupil transportation vehicle  unless the new vehicle has

 

20  been inspected and  granted final approval  passed by the

 

21  department of state police under this subsection and title to the

 

22  school bus  or pupil transportation vehicle  has been obtained by

 

23  the school in compliance with this act.

 

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

 

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

 

26  being sections 257.1 to 257.923 of the Michigan Compiled Laws  

 

27  1949 PA 300, MCL 257.1 to 257.923, who is 17 years of age or less


 

 1  shall not drive a school bus.  or pupil transportation vehicle.

 

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

 

 3  transportation vehicle used for the regularly scheduled

 

 4  transportation of passengers to and from school and home  unless

 

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

 

 6  appropriate vehicle group designation,  and  a passenger vehicle

 

 7  indorsement, and a school bus indorsement as required under

 

 8  section 312e of  Act No. 300 of the Public Acts of 1949, being

 

 9  section 257.312e of the Michigan Compiled Laws  the Michigan

 

10  vehicle code, 1949 PA 300, MCL 257.312e. A person with a

 

11  commercial driver license shall not operate a school bus, and a

 

12  school, school bus owner, or lessee shall not allow a person with

 

13  a commercial driver license to operate a school bus, unless the

 

14  operation is in compliance with the drug and alcohol testing

 

15  regulations under 49 CFR parts 40 and 382.

 

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

 

17  transportation vehicle  or a school administrator or a person or

 

18  entity under contract with a school to provide pupil

 

19  transportation services shall not knowingly permit a person to

 

20  operate a school bus  or pupil transportation vehicle  for the  

 

21  scheduled  transportation of pupils to and from school or school-

 

22  related events if that person has 7 or more penalty points for

 

23  moving violations on his or her driving record under section 320a

 

24  of  Act No. 300 of the Public Acts of 1949, being section

 

25  257.320a of the Michigan Compiled Laws  the Michigan vehicle

 

26  code, 1949 PA 300, MCL 257.302a, or if the person has a

 

27  restricted license due to a conviction for a violation of section


 

 1  625 of  Act No. 300 of the Public Acts of 1949, being section

 

 2  257.625 of the Michigan Compiled Laws  the Michigan vehicle code,

 

 3  1949 PA 300, MCL 257.625.

 

 4        (4) A commercial driver license skills test shall be

 

 5  administered by a state authorized commercial driver license

 

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

 

 7  following:

 

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

 

 9  license suspended, revoked, or canceled.

 

10        (b) Has been disqualified from operating a commercial motor

 

11  vehicle.

 

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

 

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

 

14  any offense in a noncommercial motor vehicle that would be a

 

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

 

16  commercial motor vehicle.

 

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

 

18  violations defined in 49 CFR 383.5, while operating a commercial

 

19  motor vehicle within the last 3 years.

 

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

 

21  violation that resulted in an accident while operating a

 

22  commercial motor vehicle.

 

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

 

24  section 49(3).

 

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

 

26  subsection shall not operate a school bus until the driver has

 

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


 

 1  be conducted by an examiner not employed or under contract with

 

 2  the same agency or school of the driver being tested.

 

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

 

 4  passengers or a driver of a pupil transportation vehicle used for

 

 5  the regularly scheduled transportation of passengers to and from

 

 6  school and home  shall have in his or her possession a

 

 7  certificate stating that he or she has enrolled in the entry

 

 8  level school bus safety education course or has successfully

 

 9  completed a course in school bus safety education within the

 

10  immediately preceding 2 years. The entry level course shall be

 

11  available to the school bus driver within 90 days of enrollment.

 

12  Enrollment certificates shall expire 10 days after the end of the

 

13  entry level course in which the driver is enrolled. A second

 

14  enrollment certificate shall not be issued. The entry level

 

15  course and subsequent 6-hour continuing education course shall be

 

16  approved by the superintendent of public instruction and shall be

 

17  provided by an approved educational agency. The certificate of

 

18  successful completion of each course shall be prescribed by the

 

19  superintendent of public instruction and successfully completed

 

20  by an instructor of the course. Failure to successfully complete

 

21  the entry level course or to complete the 6-hour continuing

 

22  education course within 2 years after certification of successful

 

23  completion of a prior course shall be reported by the

 

24  instructional agency to the department of education and to the

 

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

 

26  successfully complete the entry level course within 90 days after

 

27  enrollment or to meet the continuing education requirements shall


 

 1  not be permitted to drive a school bus transporting passengers.  

 

 2  or a pupil transportation vehicle used for the regularly

 

 3  scheduled transportation of passengers to and from school and

 

 4  home.

 

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

 

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

 

 7  introductory school bus safety education course established in

 

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

 

 9  in his or her first year serving as the person or persons in

 

10  charge of the operation. The person or persons in charge of

 

11  school bus operations at a school shall successfully complete  

 

12  not less than  6 hours of supervisory continuing education every

 

13  2 years after the successful completion of the beginning school

 

14  bus driver training program. The continuing education course or

 

15  courses shall be approved by the superintendent of public

 

16  instruction and shall be provided by an approved educational

 

17  agency.

 

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

 

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

 

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

 

21  the department of education. Attendance by a person at an entry

 

22  level course, a continuing education course, or an on-road driver

 

23  skills test as required by this section or section 52 shall be

 

24  considered compensable work time by the school and the person

 

25  shall be paid at not less than their base rate as determined by

 

26  their individual contract of employment or their contractual rate

 

27  as negotiated between the school and the person's collective


 

 1  bargaining representative.

 

 2        (4) The legislature shall appropriate the funds necessary to

 

 3  implement this section.  and section 52.

 

 4        (5) The department of education shall report to the

 

 5  legislature the cost of implementing this section and section 52

 

 6  by January 1, 1991.

 

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

 

 8  school buses transporting passengers and pupil transportation

 

 9  vehicles used for the regularly scheduled transportation of

 

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

 

11  minimum, meet the following qualifications:

 

12        (a) The requirements of sections 49 and 51.

 

13        (b) For a school bus  or pupil transportation vehicle  

 

14  operating in intrastate transportation, the annual physical

 

15  requirements for school bus  and pupil transportation vehicle  

 

16  drivers as authorized by the superintendent of public

 

17  instruction. In meeting these physical requirements, the driver

 

18  shall be examined by a licensed physician, physicians' assistant,

 

19  or certified nurse practitioner and shall present the medical

 

20  certificate to the employer.

 

21        (c) An employer who has reason to believe that a driver is

 

22  not physically qualified to drive may require a physical

 

23  examination for that driver in accordance with subdivision (b) at

 

24  more frequent intervals. If an employer requests a physical

 

25  examination under this subdivision, the employer shall indicate

 

26  in writing what physical impairment covered under the

 

27  requirements of subdivision (b) the driver is to be examined for


 

 1  and shall only be entitled to that portion of the examination

 

 2  results that pertain to that impairment. An examination requested

 

 3  by the employer under this subdivision shall be paid for by the

 

 4  employer.

 

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

 

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

 

 7  or pupil transportation vehicle.

 

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

 

 9  transportation vehicle  driver, including a copy of his or her

 

10  medical certificate, department of education certification,

 

11  driver license, certificate of road test application for

 

12  employment, and any other information that relates to driver

 

13  qualification or ability to safely drive a school bus,  or pupil

 

14  transportation vehicle,  shall be maintained in the employer's

 

15  administrative office.

 

16        (3) A school shall submit transportation safety related

 

17  documents, such as driver qualification records, and vehicle

 

18  maintenance records upon request for inspection and copying to

 

19  motor carrier officers or vehicle safety inspectors of the

 

20  department of state police.

 

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

 

22  position of school bus driver,  or pupil transportation vehicle

 

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

 

24  police a background check to determine whether the person was

 

25  convicted of any of the following offenses:

 

26        (a) Criminal sexual conduct in any degree.

 

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


 

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

 

 2  degree.

 

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

 

 4  torture, or indecent exposure involving a child.

 

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

 

 6  1931 PA 328, MCL 750.145c.

 

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

 

 8  transportation vehicle.

 

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

 

10  or a controlled substance on a school bus.  or pupil

 

11  transportation vehicle.

 

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

 

13  party reimbursement or worker's compensation benefits for

 

14  services rendered.

 

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

 

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

 

17  on a highway or private road for the purpose of receiving or

 

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

 

19  bus driver shall not actuate the alternately flashing lights when

 

20  operating on a public highway or private road and transporting

 

21  passengers primarily other than school pupils.

 

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

 

23  public highways or private roadways open to the public shall

 

24  receive or discharge pupils from the bus in the following manner:

 

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

 

26  of a school bus equipped with only the alternately flashing

 

27  overhead red lights in accordance with section 17 shall activate


 

 1  the alternately flashing overhead red lights not less than 200

 

 2  feet before the stop, stop the school bus on the roadway or

 

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

 

 4  boarded or discharged, and continue to activate the alternately

 

 5  flashing overhead red lights while receiving or discharging

 

 6  pupils. The bus shall stop in the extreme right-hand lane when

 

 7  boarding or discharging pupils. Before resuming motion, the

 

 8  driver shall deactivate these lights and allow congested traffic

 

 9  to disperse where practicable. The deactivation of these lights

 

10  is the signal for stopped traffic to proceed.

 

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

 

12  driver of a school bus equipped with red and amber alternately

 

13  flashing overhead lights in accordance with section 19 shall

 

14  activate the alternately flashing overhead amber lights not less

 

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

 

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

 

17  boarded or discharged, deactivate the alternately flashing

 

18  overhead amber lights, and activate the alternately flashing

 

19  overhead red lights while receiving or discharging pupils. The

 

20  bus shall stop in the extreme right-hand lane for the purpose of

 

21  boarding or discharging pupils. Before resuming motion, the

 

22  driver shall deactivate these lights and allow congested traffic

 

23  to disperse where practicable. The deactivation of these lights

 

24  is the signal for stopped traffic to proceed.

 

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

 

26  driver of a school bus equipped with only the alternately

 

27  flashing overhead red lights in accordance with section 17 shall


 

 1  activate the alternately flashing overhead red lights not less

 

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

 

 3  roadway or private road as practicable to provide for the safety

 

 4  of the pupils being boarded or discharged, and continue to

 

 5  activate the alternately flashing overhead red lights while

 

 6  receiving or discharging pupils. Before resuming motion, the

 

 7  driver shall deactivate these lights and allow congested traffic

 

 8  to disperse where practicable. The deactivation of these lights

 

 9  is the signal for stopped traffic to proceed.

 

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

 

11  driver of a school bus equipped with red and amber alternately

 

12  flashing overhead lights in accordance with section 19 shall

 

13  activate the alternately flashing overhead amber lights not less

 

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

 

15  roadway or private road as practicable to provide for the safety

 

16  of the pupils being boarded or discharged, deactivate the

 

17  alternately flashing overhead amber lights, and activate the

 

18  alternately flashing overhead red lights while receiving or

 

19  discharging pupils. Before resuming motion, the driver shall

 

20  deactivate these lights and allow congested traffic to disperse

 

21  where practicable. The deactivation of these lights is the signal

 

22  for stopped traffic to proceed.

 

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

 

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

 

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

 

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

 

27  boarded or discharged, the driver shall activate the hazard


 

 1  warning lights before the stop and continue to display the lights

 

 2  until the process of receiving or discharging passengers has been

 

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

 

 4  Before resuming motion, the driver shall deactivate these lights.

 

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

 

 6  where the school administrator or person or entity under contract

 

 7  with a school to provide pupil transportation services has

 

 8  approved its use. If this hazard warning light option is not

 

 9  used, the driver shall use the appropriate procedure in

 

10  subdivision (a), (b), (c), or (d) as if pupils were not required

 

11  to cross the roadway.

 

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

 

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

 

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

 

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

 

16  right of the roadway or private road leaving the normal traffic

 

17  flow unobstructed and to provide for the safety of pupils being

 

18  boarded or discharged, the driver shall activate the hazard

 

19  warning lights before the stop and continue to display the lights

 

20  until the process of receiving or discharging passengers has been

 

21  completed. Before resuming motion, the driver shall deactivate

 

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

 

23  procedure at stops where the school administrator or entity under

 

24  contract with a school to provide pupil transportation services

 

25  has approved its use. If this hazard warning light option is not

 

26  used, the driver shall use the appropriate procedure in

 

27  subdivision (a), (b), (c), or (d) as if pupils were not required


 

 1  to cross the roadway.

 

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

 

 3  light activation by this subsection shall be measured on the

 

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

 

 5  or discharging pupils.

 

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

 

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

 

 8  school district authorizes its school bus drivers to signal

 

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

 

10  shall be uniform throughout the school district.

 

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

 

12  the purpose of receiving or discharging pupils in the following

 

13  instances:

 

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

 

15  intersection unless the stop is approved by the school

 

16  administrator or entity under contract with a school to provide

 

17  pupil transportation services.

 

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

 

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

 

20  leaving an intervening space, a physical barrier, or clearly

 

21  divided sections so constructed as to impede vehicular traffic if

 

22  the pupils are required to cross the roadway.

 

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

 

24  separate lanes of vehicular traffic in either direction if the

 

25  pupils are required to cross the roadway.

 

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

 

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


 

 1  highway or roadway for the purpose of receiving or discharging

 

 2  pupils under the following conditions:

 

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

 

 4  and the stopped bus is not clearly and continuously visible to

 

 5  approaching vehicles on that highway or roadway for at least 400

 

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

 

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

 

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

 

 9  highway or roadway.

 

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

 

11  and the stopped bus is not clearly and continuously visible to

 

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

 

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

 

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

 

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

 

16  highway or roadway.

 

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

 

18  controlled by a traffic control signal.

 

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

 

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

 

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

 

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

 

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

 

24  the state board may reimburse the school for this training.

 

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

 

26  roadway" does not include crossing the roadway with the

 

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


 

 1  a school crossing guard as defined in section 57b of the Michigan

 

 2  vehicle code, 1949 PA 300, MCL 257.57b, and applies only to the

 

 3  roadway on which the stop is being made.

 

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

 

 5  and continuously visible if approaching traffic is able to see

 

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

 

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

 

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

 

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

 

10  to the school bus with no obstruction of the area for the entire

 

11  400-foot sight line to the school bus in its stopped position.

 

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

 

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

 

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

 

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

 

16  turn off all interior switches including fans, heaters, and

 

17  radios, open the passenger door and driver-side window, and while

 

18  stopped shall listen and look in both directions along the track

 

19  for an approaching train and for signals indicating the approach

 

20  of a train, and shall not proceed until the driver can do so

 

21  safely. After stopping as required in this subsection, and upon

 

22  proceeding when it is safe to do so, the driver of the vehicle

 

23  shall cross only in a gear of the vehicle that does not require

 

24  changing gears while traversing the crossing. The driver shall

 

25  not shift gears while crossing the track or tracks.

 

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

 

27  crossing where a uniformed police officer or a traffic-control


 

 1  signal directs traffic to proceed.

 

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

 

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

 

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

 

 5  following requirements:

 

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

 

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

 

 8  sections 469.241 to 469.246 of the Michigan Compiled Laws;

 

 9  section 14 of Act No. 300 of the Public Acts of 1909, being

 

10  section 462.14 of the Michigan Compiled Laws; or federal law  

 

11  completely paved over or removed.

 

12        (b) The track has been covered or removed.

 

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

 

14  removed.

 

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

 

16  crossing on a freeway or limited access highway where the

 

17  crossing is protected by a clearly visible signal, crossing gate,

 

18  or barrier at a time when the signal, crossing gate, or barrier

 

19  is not activated.

 

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

 

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

 

22  more than $100.00. A civil infraction under this subsection shall

 

23  be processed in the same manner as a civil infraction under the

 

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

 

25  being sections 257.1 to 257.923 of the Michigan Compiled Laws  

 

26  1949 PA 300, MCL 257.1 to 257.923.

 

27        Sec. 61. A person driving a school bus shall not exceed the


 

 1  speed limits established for this type of vehicle under the

 

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

 

 3  being sections 257.1 to 257.923 of the Michigan Compiled Laws  

 

 4  1949 PA 300, MCL 257.1 to 257.923. A person who violates this

 

 5  section is subject to the penalty assessed for violation of

 

 6  section  627 or  627b of the Michigan vehicle code,  Act No. 300

 

 7  of the Public Acts of 1949, being sections 257.627 and 257.627b

 

 8  of the Michigan Compiled Laws  1949 PA 300, MCL 257.627b.

 

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

 

10  determination is made that economically feasible private

 

11  transportation does not exist, a school may contract with a

 

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

 

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

 

14  to or from an activity or function sponsored or operated by the

 

15  unit of government. The governmental agency, or subcontractors of

 

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

 

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

 

18  compliance with the provisions of the school insurance policy and

 

19  any joint stipulations of the school and the school bus drivers

 

20  including, but not limited to, any collective bargaining

 

21  agreements in force or if no collective bargaining agreement

 

22  exists, agreement with the bargaining agent if it has been

 

23  designated. A school shall not purchase additional school buses

 

24  for the sole purpose of implementing this provision of law.

 

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

 

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

 

27  pupils of the school would be compromised.


 

 1        Sec. 69. The cost of purchasing  pupil transportation

 

 2  vehicles and  school buses and the rehabilitation of school buses

 

 3  to extend the period of usefulness shall conform with the rules

 

 4  promulgated by the department of education to provide state aid

 

 5  to eligible school districts for the purchase of  pupil

 

 6  transportation vehicles and  school buses and the cost of

 

 7  rehabilitation of school buses to extend the period of

 

 8  usefulness.

 

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

 

10  advisory committee to advise the department on issues and topics

 

11  concerning school buses and school bus safety. The advisory

 

12  committee shall consist of a member from each of the following

 

13  departments or organizations:

 

14        (a) The department.

 

15        (b) The department of state police.

 

16        (c) The state transportation department.

 

17        (d) The department of state.

 

18        (e) The Michigan association for pupil transportation.

 

19        (f) The Michigan association of school business officials.

 

20        (g) The Michigan association of school administrators.

 

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

 

22  association of Michigan.

 

23        (i) A member representing nonpublic schools.

 

24        (j) The Michigan education association.

 

25        (k) The Michigan association of school boards.

 

26        (l) Other organizations representing school bus drivers as

 

27  the department considers appropriate.


 

 1        (m) Any other organizations or groups the department

 

 2  considers necessary.

 

 3        (2) The advisory committee shall include members

 

 4  representing bus drivers and supervisors in rural areas, suburban

 

 5  areas, and cities in the Lower and Upper Peninsula.

 

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

 

 7  the development of continuing education courses for school bus

 

 8  drivers and supervisors, any modifications to the introductory

 

 9  school bus safety course, the program to evaluate driving skills

 

10  and on-road procedural performance skills of each school bus

 

11  driver, and the minimum threshold for a required safety

 

12  evaluation, which may include, but is not limited to, number of

 

13  points on a driving record, operating impaired or under the

 

14  influence of alcohol, at-fault accidents, or violations of safety

 

15  procedures, for requiring drivers to take the on-road driver

 

16  skills test.

 

17        (4) The advisory committee shall assist the department in

 

18  updating physical examination requirements as necessary to comply

 

19  with changes in federal and state law or rules.

 

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

 

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

 

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

 

23  implications of requiring school bus and pupil transportation

 

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

 

25  each 4-year period the driver is assigned to drive a school bus

 

26  or pupil transportation vehicle.

 

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


 

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

 

 2  safety, and fiscal impact of an all right hand drop procedure for

 

 3  boarding and discharging passengers from a school bus.

 

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

 

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

 

 6  safety, and fiscal implications of using transit style school

 

 7  buses exclusively. The study shall include, but not be limited

 

 8  to, an estimate of the current number of transit style school

 

 9  buses and other school bus types, the cost differential between

 

10  the types based on passenger capacity, the accident rate for 1989

 

11  on transit and nontransit style school buses, and the estimated

 

12  annual savings if the frequency and severity of personal injuries

 

13  and property damages are reduced by the use of transit style

 

14  school buses.

 

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

 

16  misdemeanor  responsible for a state civil infraction and shall

 

17  be assessed a fine of not more than $500.00, unless that

 

18  violation is by this act or other law of this state declared to

 

19  be a felony or a civil infraction.

 

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

 

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

 

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

 

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

 

24  both.

 

25        (2)  (3)  Motor carrier officers appointed by the director

 

26  of the department of state police shall have all the powers

 

27  conferred upon peace officers by the general laws of this state


 

 1  to enforce this act and the rules promulgated pursuant to this

 

 2  act.

 

 3        Enacting section 1. Sections 35, 37, 52, and 63 of the pupil

 

 4  transportation act, 1990 PA 187, MCL 257.1835, 257.1837,

 

 5  257.1852, and 257.1863, are repealed.