December 13, 2005, Introduced by Senators ALLEN and GOSCHKA and referred to the Committee on Transportation.
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 multifunctional 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 primarily to transport pupils to or from school or school-related
12
events or is used to transport pupils
along a route designed to
13 serve 1 or more schools in a school district if elementary school
14 pupils along the route where the pupils are required to cross
15 the highway or roadway, as described in section 55. A vehicle
16 that is not a school bus is not subject to this act. For the
17 purposes of this act, a parent, parent's designee, or legal
18 guardian transporting his or her child or another child with
19 written permission of the other child's parent or legal guardian
20 on a school-related event in a vehicle not owned or contracted
21
for by the school, if not
compensated by the school, shall not
22 be considered an agent of the school is not subject to this
act.
23 (2) "School transportation vehicle" means any motor
vehicle
24 with a manufacturer's rated seating capacity of 10 passengers or
25 less, including the driver, when operated for the scheduled
26 transportation of pupils to or from school or school-related
27 events. School transportation vehicle does not include a vehicle
1 used by a parent or parent's designee to transport children to or
2 from school or school-related events.
3 (2) (3) "Type
I school bus" means a school bus with a
4 gross vehicle weight rating of more than 10,000 pounds.
5 (3) (4) "Type
II school bus" means a school bus with a
6 gross vehicle rating of 10,000 pounds or less.
7 (5) "Type I premium school bus" means a school bus with
a
8 passenger capacity of over 66 pupils and any other school bus
9 purchased by a district at a cost for the vehicle, excluding
10 interest and special equipment, which exceeds by more than 15%
11 the average cost of a school bus meeting state minimum
12 specifications of the same capacity purchased during the same
13 year.
14 Sec. 9. The state board of education shall regulate pupil
15 transportation. The state board or its authorized representative
16 may review, confirm, set aside, or amend the action, order, or
17 decision of a school with reference to the routes over which
18 pupils shall be transported, and the suitability and number of
19 the vehicles and equipment for the transportation of the pupils.
20 The state board shall promulgate rules as necessary to implement
21 this act except that the department of state police, in
22 cooperation with the state board, shall may
promulgate rules
23 for safety specifications and operational procedures for school
24 buses and pupil transportation vehicles related
to vehicle and
25 equipment standards.
26 Sec. 10. (1) Each motor vehicle school bus owned or
27 operated by a public or private nonpublic school, an agent of a
1 school, a private business, or a unit of government for the
2 transportation of pupils to or from school or school-related
3 events shall meet or exceed the federal motor vehicle safety
4 standards applicable to the construction and sale of that
5 vehicle school bus and for all seating positions in that
6 vehicle. A school or an agent of a school may transport pupils
7 with disabilities in mobile seating devices in accordance with
8 federal standards specifically applicable to such pupils, their
9 wheelchairs, and related wheelchair securement and occupant
10 protection systems.
11 (2) A vehicle, other than a school bus, with a
12 manufacturer's rated seating capacity of 11 or more passengers,
13 including the driver, shall not be used to transport pupils to or
14 from school or school-related events. after October 1, 2002,
15 except as provided in this act.
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 (3) (5) Subsection
(2) does not apply to a commercial
5 motor 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
8 as described in section 7(1) unless the vehicle is used
9 primarily to transport pupils to or from school or school-related
10 events or is used to transport pupils along a route where the
11 pupils are required to cross the roadway, as described in section
12 55.
13 Sec. 10a. (1) A school may contract with a licensed motor
14 carrier of passengers for a motor bus to be used for occasional
15 transportation of pupils to or from school-related events. A
16 school shall not directly operate a motor bus for the use of
17 pupil transportation to and from school or school-related events.
18 A motor carrier certified by the state transportation department
19 shall not use a motor bus primarily to transport pupils to and
20 from school.
21 (2) The Before
the effective date of the amendatory act
22 that amended this section, the department of education may
23 authorize the use of a motor bus for the regular route
24 transportation of pupils to or from school or home. The
25 authorization shall be in writing and shall include conditions or
26 restrictions that are necessary to safeguard the health, safety,
27 and welfare of the pupils. Any authorization that is entered into
1 before the effective date of the amendatory act that amended this
2 subsection shall remain in effect for the time it is authorized.
3 (3) A motor bus built to school bus specifications that
4 complies with the applicable federal motor vehicle safety
5 standards [is exempt from? shall comply with?] the requirements
6 of this act.
7 Sec. 11. (1) This section and sections 13 to 21 apply to
8 both type I and type II school buses except where specifically
9 provided otherwise.
10 (2) A type I school bus shall have an outside body width of
11 not more than 96 102 inches; an outside overall length of not
12 more than 40 45 feet; and an inside height of not less than 72
13 inches, aisle floor surface to ceiling. A type II school bus
14 shall have an outside body width of not more than 96 102
inches
15 ; and an inside height of
not less than 60 inches, aisle floor
16 surface to ceiling.
17 (3) A bus shall be attached firmly to the chassis. A spacer
18 shall be inserted between the body and the frame at every point
19 of contact so that shearing stresses are not put on rivet heads.
20 (4) A bus floor shall be of metal at least equal in strength
21 to 14-gauge steel and so constructed and maintained that exhaust
22 gases cannot enter the bus. The floor, including wheelhousing,
23
aisle, and stepwell, shall be covered
and maintained with 1/8-
24 inch smooth rubber or an equivalent as determined by the
25 department of state police. The aisles shall be covered and
26 maintained with 3/16-inch ribbed rubber or an equivalent as
27 determined by the department of state police. The rib-aisle shall
1 continue to the stepwell. Metal longitudinal strips shall be
2 applied to the aisle seams. a slip-resistant surface. Floors
3 shall be coved to the walls. All closures between the body and
4 the engine compartment shall be fitted with gaskets which
5 effectively prevent gas from entering the body. The bus body
6 floor, cross members, and skirts shall be completely undercoated.
7 A transmission inspection plate, if any, need not be rubber-
8 covered have a slip-resistant surface but shall be firmly
9 attached. Plywood floors are optional.
10 (5) Sedan-type doors shall not be used on type I school
11 buses. When a jackknife-type service door is used, it shall fold
12 forward toward the front of the bus. If a split-type service door
13 is used, it shall open outward. Sedan-type doors may be used on
14 service entrances of type II buses. The steps of a service door
15 entrance shall be covered with 3/16-inch molded ribbed rubber or
16 other nonslip surface.
17 (6) An emergency exit shall be provided as follows:
18 (a) Type I school bus: the upper and lower portion of the
19 central rear emergency door shall be equipped with approved
20 safety glass. The door shall be hinged on the right side and the
21 door handle located on the extreme left. Piano hinges shall not
22 be used. The handle shall be in the vertical position when
23 latched. A locking device of any kind shall not be attached to,
24 or made a part of, the emergency door unless the locking device
25 meets all of the following criteria:
26 (i) The device is integrated into the ignition system.
27 (ii) The device is tamper resistant.
1 (iii) The device has an audible alarm system.
2 (iv) The device has an audible alarm near the driver's seat
3 that will sound when the door is locked and the ignition is on.
4 (v) The
device is approved by the department of state
5 police.
6 (b) Type II school bus: subdivision (a) applies to type II
7 buses except that body gauge metal may be substituted for safety
8 glass in the lower portion of the rear emergency door, and
9 double rear emergency doors may be used. A double rear emergency
10 door shall have a 3-point latch.
11 (7) A bus body shall be lined with fiberglass or a
12 comparable nonsettling, nonabsorbent insulation.
13 (8) Book racks shall not be installed in a school bus.
14 (9) The electrical system shall be 12 volt D.C. provided
15 through an alternator with a minimum of 100 amp rating and a
16 minimum battery storage capacity of 500 CCA with gasoline engine,
17 or 900 CCA with diesel engine provided through 1 12-volt battery,
18 2 12-volt batteries, or 2 6-volt batteries. There shall not be an
19 opening through the floor of the bus to service the battery.
20 (10) All baggage, articles, equipment, or medical supplies
21 not held by individual passengers shall be secured in a manner
22 which assures unrestricted access to all exits by all occupants,
23 does not restrict the driver's ability to operate the bus, and
24 protects all occupants against injury resulting from falling or
25 displacement of any baggage, article, or equipment. Oxygen
26 cylinders secured to a wheelchair shall be considered to be in
27 compliance with this subsection, provided they do not impede
1 access to any exit.
2 (11) Radio speakers shall be no closer to the driver than 3
3 seat positions behind the driver. This subsection does not apply
4 to radio speakers for 2-way communication devices.
5 Sec. 21. (1) A school bus shall be equipped with 2
6 windshield wipers and 2 windshield washers. A washer reservoir
7 shall be 70 ounces or more.
8 (2) A windshield shall be slanted to prevent glare and large
9 enough to permit the driver to see the road clearly.
10 (3) All glass shall be safety glass and shall comply with
11 the requirements of section 27, where applicable. A
school bus
12 shall be equipped with windshield wipers, washers, a washer
13 reservoir, and a windshield that meets the requirements of 49 CFR
14 571.103 and 571.104.
15 Sec. 23. (1) A school bus or pupil transportation vehicle
16 shall be equipped in a manner that the driver, in a normal seated
17 position, either by direct vision or by use of an indirect vision
18 mirror system, shall be able to observe objects on the roadway in
19 front of and beside the vehicle located inside a continuously
20 visible rectangular area. having a length defined as the length
21 of the vehicle plus not less than 18 feet in front of the vehicle
22 and a width defined as the width of the vehicle plus not less
23 than 2 feet on either side of the vehicle. A mirror used to
24 comply with this subsection shall be at least 7-1/2 inches in
25 diameter and convex in shape.
26 (2) The interior mirror shall be clear view, safety glass
27 with a reflective surface of 6 inches in height by 30 inches in
1 width for type I school buses, and shall be metal-backed and
2 framed that provides a clear and reasonably
unobstructed view to
3 the rear of the vehicle and complies with 49 CFR 571.111. It
4 shall have rounded corners and padded edges. Interior mirrors
5 for type II school buses shall have a reflective surface of 6
6 inches in height by 15 inches in width and shall be protected by
7 framing and padding as for type I school buses. The interior
8 mirror for a pupil transportation vehicle shall be as provided by
9 the manufacturer and approved by the department of state police.
10 (3) Sun shades, if installed, shall be mounted so that the
11 mounting brackets are not likely to cause injury in the event of
12 an accident.
13 (4) This section does not apply to a pupil transportation
14 vehicle other than a passenger van that is used as a pupil
15 transportation vehicle.
16 Sec. 25. (1) A school bus shall be equipped with at least 1,
17 2A-10BC dry chemical fire extinguisher, or its equivalent, that
18 is approved by the department of state police and that has an
19 aluminum, brass, or bronze valve. The extinguisher shall be
20 mounted securely in an accessible place in the driver's
21 compartment and shall be in satisfactory operating condition at
22 all times.
23 (2) A school bus or pupil transportation vehicle shall
be
24 equipped with a first aid kit which shall be firmly mounted with
25 a quick release bracket in an accessible location in the driver's
26 compartment and which shall contain, at a minimum, all of the
27 following:
1 (a) Bandage compress (sterile gauze pads),...
2 4-inch ..................................... 2 packages.
3 (b) Bandage compress (sterile gauze pads),...
4 2-inch .................................... 2 packages.
5 (c) Adhesive compress, 1-inch ........... 2 packages.
6 (d) Triangular bandage with 2 safety pins,...
7 40-inch ................................... 1 package.
8 (e) Roll gauze .......................... 1 package.
9 (f) Elastic bandage, 3-inch ............. 1 package.
10 Antiseptics and burn ointments shall not be included, except
11 as required by the state transportation department.
12 (3) A school bus or a pupil transportation vehicle shall
13 be equipped with 3 bidirectional emergency reflective triangles
14 which are properly cased and securely mounted and 3 red-burning
15 fusees which are capable of burning not less than 15 minutes and
16 which are properly cased and securely mounted in the driver's
17 compartment. Fusees and reflectors shall comply with the
18 standards set forth in this act and the rules promulgated
19 pursuant to this act.
20 Sec. 27. (1) A school bus or pupil transportation vehicle
21 shall be equipped with safety glass wherever glass is used in
22 doors, windows, and windshields. Rigid safety plastic which meets
23 the test requirements of American national standards institute
24 standard Z26.1-1966 may be used on school buses in lieu of safety
25 glass, except that front windshields shall be equipped with
26 safety glass. School buses shall be fitted with at least 1 push-
27 out window sash on each side of any school bus on which the
1 plastic panes are installed.
2 (2) As used in this section, "safety glass" means a product
3 composed of glass, so manufactured, fabricated, or treated as
4 substantially to prevent shattering and flying of the glass when
5 struck or broken.
6 Sec. 29. Any part of a gasoline fuel
tank or container or
7 intake pipe shall not be located within or above the passenger-
8 carrying portion of a school bus unless securely sealed off from
9 that portion by means of a substantial metal cover. Fuel lines
10 shall not extend above the frame rails. The gasoline container,
11 including intake pipe, cap and vent on a school bus manufactured
12 subsequent to December 31, 1964, shall be so designed that, in
13 the event of overturn, the gasoline fuel
will not be spilled at
14 a rate in excess of 1 ounce per minute.
15 Sec. 31. A school bus may be equipped with a flashing,
16 oscillating, or rotating light mounted on the roof of the bus
17 approximately 6 feet from the rear of the vehicle which displays
18 a white light to the front, side, and rear of the bus. which
If
19 a school bus is equipped with such a light, there is no
20
requirement that a driver use it. The
light may shall
not be
21 actuated by the driver for use only in inclement unless 1 or
22 more of the following conditions exist:
23
(a) Inclement weather such as
fog, rain, or snow. , when
24 boarding or discharging
25
(b) When passengers ,
from are boarding or being
26 discharged.
27
(c) From 1/2 hour before
after sunset until 1/2 hour
1 after before sunrise.
, or where
2 (d) Where conditions hinder the visibility of the school
3 bus.
4 Sec. 33. (1) A school bus shall be painted as follows:
5 (a) The body, cowl, hood, and fenders shall be national
6 school bus chrome yellow.
7 (b) The bumper, body trim, wheels, and lettering shall be
8 black. The wheel rims shall be gray, black, white, or natural, as
9 provided by the manufacturer.
10 (c) The wheel covers, if painted, shall be black.
11 (d) The grill, if not chrome, shall be national school bus
12 chrome yellow.
13 (e) The mirrors, if painted, shall be black or yellow.
14 (f) The name of the school district or contractor shall be
15 painted permanently affixed in black
letters that are at least 6
16
inches high on the back, front, and
sides of the bus. The name
17 of the school district or contractor shall be permanently affixed
18 on the front and back of the bus in black letters.
19 (g) The words "school bus" shall be permanently affixed on
20 the front and back of the bus between the overhead flashers in
21 black letters that are at least 8 inches in height.
22 (h) The outside of a school bus shall not have any other
23 lettering, symbol, marking, or advertising, except that animal
24 pictures, cartoon figures, and similar insignia may be affixed to
25 the bus in a temporary manner near the entrance door, but not
26 closer than the second window, to assist in identifying the bus
27 route. A unique identification number may be permanently affixed
1 on the upper corners of the back, front, or sides of the bus. A
2 contractor shall display a USDOT number when required and in the
3 manner required by 49 CFR parts 390 to 399.
4 (i) Wording for school bus roof and door emergency exits,
5 for inside and outside the bus, shall comply with the motor
6 vehicle safety standards found in 49 CFR 571.217.
7 (j) The roof of a school bus may be white or yellow.
8 However, no part of a school bus may be white below the drip rail
9 above the side windows.
10 (2) Except for a bus leased seasonally to transport
11 agricultural workers to and from a field for agricultural
12 operations, a bus, other than a school bus, shall not be painted,
13 in whole or in part, in the colors and design specified in
14 subsection (1).
15 (3) Subsection (1) does not apply to multifunctional school
16 activity buses.
17 (4) This section does not apply to a motor carrier certified
18 by the state transportation department using a motor bus for
19 school-related event transportation.
20 Sec. 39. (1) The department of state police shall inspect
21 each school bus and pupil transportation vehicle annually, and
22 more frequently at a school as the department of state police
23
determines necessary where school bus or
pupil transportation
24 vehicle defects have been
found, to determine if the school bus
25 or pupil transportation vehicle meets the requirements of this
26 act and the rules promulgated pursuant to this act. The
27 department of state police may delegate the inspection of school
1 buses to publicly employed inspectors if the inspection complies
2 with this section.
3 (2) Inspection of a school bus or pupil transportation
4 vehicle may be
accomplished at any time, at any location, on or
5 off a school site, and as frequently as the department of state
6 police considers necessary to secure passenger safety. A school
7 bus or pupil transportation vehicle may be rejected by the
8 inspecting state police official for further use in
9 transportation of passengers if it does not meet the requirements
10 of this act and the rules promulgated pursuant to this act.
11 However, if a school bus or pupil transportation vehicle is
12 determined to be safe for operation even though in unsatisfactory
13 condition, the official may determine that not more than 60 days
14 shall be allowed to effect a specific repair.
15 (3) A person, having control over the operation of a school
16 bus or pupil transportation vehicle school, or school bus owner
17 shall not operate or permit to be operated a school bus or pupil
18 transportation vehicle which
has not been inspected under this
19 section.
20 (4) A modified school bus which uses that is modified
21 after manufacture to use compressed natural gas or liquefied
22 petroleum gas shall not be used to transport pupils unless the
23 installation of the fuel system has been inspected and approved
24 as safe passed
by the department of state police.
25 (5) Any public or private entity that owns or uses a school
26 bus for pupil transportation shall identify itself to the
27 department of state police so an inspection can be scheduled. If
1 an entity has had school buses inspected in the previous year, it
2 is considered to have identified itself. If an entity stops pupil
3 transportation in 1 year and restarts pupil transportation in a
4 later year, it must identify itself to the department of state
5 police as requiring inspection before restarting pupil
6 transportation. An entity is considered to have identified itself
7 by notifying a person of the department of state police
8 responsible for conducting inspections under this act.
9 (6) When an inspection is scheduled by the department of
10 state police, an entity shall identify to the state police
11 inspector all of the school buses that it intends to use for
12 pupil transportation in that school year. Any school bus that is
13 not submitted for inspection shall be rejected and have a red
14 sticker affixed pursuant to section 41.
15 (7) The department of state police may prohibit the
16 placement and use of any device or equipment on a school bus that
17 presents a safety hazard to the pupils, driver, or motorists
18 during the loading, unloading, or transportation of pupils.
19 (8) A school, before establishing a contract with a company
20 for school bus services, shall require the company to verify in
21 writing that the buses used by the contractor have been inspected
22 by the department of state police and have passed that
23 inspection. The school shall specify in a written contract that
24 the contractor will not use any school buses that have not been
25 inspected or have failed inspection, and that a violation of this
26 provision of the contract will result in revocation of the
27 contract. The contract shall specify that the contractor shall
1 submit, in writing, the inspection results of its entire fleet of
2 buses to the school within 30 days of the completion of the
3 department of state police inspection. A school shall identify to
4 the department of state police all of the contractors the school
5 is using upon request.
6 Sec. 41. (1) A school bus or pupil transportation vehicle
7 may be rejected by the inspecting state official for use in
8 transporting passengers if it does not meet the requirements of
9 this act and the rules promulgated pursuant to this act.
10 (2) A vehicle that is determined by a state police official
11 to be unsafe for further operation as a school bus or pupil
12 transportation vehicle shall
not be used in the transportation
13 of any passengers. An unsafe vehicle shall have affixed to its
14 windshield, by the state police official, a red sticker which
15 shall read as follows: "This vehicle may not be driven in the
16 transportation of any passenger. Utilization of this vehicle to
17 transport passengers is in violation of law. {reverse side} Do
18 not remove without State Police authorization." The sticker shall
19 remain until the condition is corrected.
20 (3) A school bus or pupil transportation vehicle that is
21 considered to be in unsatisfactory condition, but that is safe
22 for operation, shall have affixed to its windshield by the state
23 police official a yellow sticker which shall read as follows:
24 "This vehicle has equipment defects. {reverse side} Repairs and
25 reinspection shall be obtained on or before _____. Do not remove
26 without State Police authorization." If, upon reinspection, the
27 vehicle defect has not been repaired, replaced, or corrected, the
1 state police official shall remove the yellow sticker and affix a
2 red sticker to the vehicle. Exceptions may be made when the
3 necessary parts or equipment has been ordered but not received at
4 the time of reinspection. Reinspection may take place within 60
5 days after the original inspection.
6
(4) A school bus or pupil
transportation vehicle that is
7 considered to be in satisfactory condition after inspection by a
8 state police official shall have a Michigan vehicle inspection
9 passing sticker affixed to its windshield. The owner of a school
10 bus shall remove or destroy the pass sticker before selling the
11 school bus. The display of a pass sticker on a vehicle other than
12 a school bus is a misdemeanor. All stickers are the property of
13 the department of state police.
14 Sec. 43. The department of state police shall inspect a new
15 school bus and a new pupil transportation vehicle before a
16 school accepts delivery. The department of state police shall
17 determine whether the new vehicle is acceptable for delivery. The
18 department of state police may delegate the inspection of new
19 school buses and pupil transportation vehicles to publicly
20 employed inspectors if the inspection complies with this
21 subsection. A school shall not accept delivery of a new school
22 bus or pupil transportation vehicle unless the new vehicle has
23 been inspected and granted final approval passed
by the
24 department of state police under this subsection and title to the
25 school bus or pupil transportation vehicle has been obtained
by
26 the school in compliance with this act.
27 Sec. 49. (1) A person, whether or not licensed under the
1 Michigan vehicle code, Act
No. 300 of the Public Acts of 1949,
2 being sections 257.1 to 257.923 of the Michigan Compiled Laws
3 1949 PA 300, MCL 257.1 to 257.923, who is 17 years of age or less
4 shall not drive a school bus. or pupil transportation vehicle.
5 (2) A person shall not operate a school bus or pupil
6 transportation vehicle used for the regularly scheduled
7 transportation of passengers to and from school and home unless
8 that person possesses a valid chauffeur's license, the
9 appropriate vehicle group designation, and a passenger vehicle
10 indorsement, and a school bus indorsement as required under
11 section 312e of Act No. 300 of the Public Acts of 1949, being
12 section 257.312e of the Michigan Compiled Laws the Michigan
13 vehicle code, 1949 PA 300, MCL 257.312e. A person with a
14 commercial driver license shall not operate a school bus, and a
15 school, school bus owner, or lessee shall not allow a person with
16 a commercial driver license to operate a school bus, unless the
17 operation is in compliance with the drug and alcohol testing
18 regulations under 49 CFR parts 40 and 382.
19 (3) A person shall not operate a school bus or pupil
20 transportation vehicle or
a school administrator or a person or
21 entity under contract with a school to provide pupil
22 transportation services shall not knowingly permit a person to
23 operate a school bus or pupil transportation vehicle for the
24 scheduled transportation
of pupils to and from school or school-
25 related events if that person has 7 or more penalty points for
26 moving violations on his or her driving record under section 320a
27 of Act No. 300 of the Public Acts of 1949, being section
1 257.320a of the Michigan Compiled Laws the Michigan vehicle
2 code, 1949 PA 300, MCL 257.302a, or if the person has a
3 restricted license due to a conviction for a violation of section
4 625 of Act No. 300 of the Public Acts of 1949, being section
5 257.625 of the Michigan Compiled Laws the Michigan vehicle code,
6 1949 PA 300, MCL 257.625.
7 (4) A commercial driver license skills test shall be
8 administered by a state authorized commercial driver license
9 examiner to a school bus driver who has had 1 or more of the
10 following:
11 (a) Had his or her driver license or commercial driver
12 license suspended, revoked, or canceled.
13 (b) Has been disqualified from operating a commercial motor
14 vehicle.
15 (c) Has been convicted of any of the disqualifying offenses
16 in 49 CFR 383.51(b) while operating a commercial motor vehicle or
17 any offense in a noncommercial motor vehicle that would be a
18 disqualifying condition under 49 CFR 383.51(b) if committed in a
19 commercial motor vehicle.
20 (d) Has more than 1 conviction of any of the serious traffic
21 violations defined in 49 CFR 383.5, while operating a commercial
22 motor vehicle within the last 3 years.
23 (e) Has been convicted of any motor vehicle traffic
24 violation that resulted in an accident while operating a
25 commercial motor vehicle.
26 (f) Has been disqualified from operating a school bus under
27 section 49(3).
1 (g) A driver who is required to take a test under this
2 subsection shall not operate a school bus until the driver has
3 passed the test. The commercial driver license skills test shall
4 be conducted by an examiner not employed or under contract with
5 the same agency or school of the driver being tested.
6 Sec. 51. (1) A driver of a school bus transporting
7 passengers or a driver of a pupil transportation vehicle used for
8 the regularly scheduled transportation of passengers to and from
9 school and home shall have in his or her possession a
10 certificate stating that he or she has enrolled in the entry
11 level school bus safety education course or has successfully
12 completed a course in school bus safety education within the
13 immediately preceding 2 years. The entry level course shall be
14 available to the school bus driver within 90 days of enrollment.
15 Enrollment certificates shall expire 10 days after the end of the
16 entry level course in which the driver is enrolled. A second
17 enrollment certificate shall not be issued. The entry level
18 course and subsequent 6-hour continuing education course shall be
19 approved by the superintendent of public instruction and shall be
20 provided by an approved educational agency. The certificate of
21 successful completion of each course shall be prescribed by the
22 superintendent of public instruction and successfully completed
23 by an instructor of the course. Failure to successfully complete
24 the entry level course or to complete the 6-hour continuing
25 education course within 2 years after certification of successful
26 completion of a prior course shall be reported by the
27 instructional agency to the department of education and to the
1 school which employs the driver. A driver who fails to
2 successfully complete the entry level course within 90 days after
3 enrollment or to meet the continuing education requirements shall
4 not be permitted to drive a school bus transporting passengers.
5 or a pupil transportation vehicle used for the regularly
6 scheduled transportation of passengers to and from school and
7 home.
8 (2) The person or persons in charge of school bus operations
9 at a school shall have, at a minimum, successfully completed the
10 introductory school bus safety education course established in
11 subsection (1) and beginning school bus driver training program
12 in his or her first year serving as the person or persons in
13 charge of the operation. The person or persons in charge of
14
school bus operations at a school shall successfully complete
15 not less than 6 hours of supervisory continuing education every
16 2 years after the successful completion of the beginning school
17 bus driver training program. The continuing education course or
18 courses shall be approved by the superintendent of public
19 instruction and shall be provided by an approved educational
20 agency.
21 (3) The cost of any course instruction and the base rate of
22 compensation of the driver shall be reimbursed by the state on an
23 equal basis for public and nonpublic schools as provided for by
24 the department of education. Attendance by a person at an entry
25 level course, a continuing education course, or an on-road driver
26 skills test as required by this section or section 52 shall be
27 considered compensable work time by the school and the person
1 shall be paid at not less than their base rate as determined by
2 their individual contract of employment or their contractual rate
3 as negotiated between the school and the person's collective
4 bargaining representative.
5 (4) The legislature shall appropriate the funds necessary to
6 implement this section. and section 52.
7 (5) The department of education shall report to the
8 legislature the cost of implementing this section and section 52
9 by January 1, 1991.
10 Sec. 53. (1) All regular drivers and substitute drivers of
11 school buses transporting passengers and pupil transportation
12 vehicles used for the regularly scheduled transportation of
13 passengers to and from home A driver of a school bus shall, at a
14 minimum, meet the following qualifications:
15 (a) The requirements of sections 49 and 51.
16 (b) For a school bus or pupil transportation vehicle
17 operating in intrastate transportation, the annual physical
18 requirements for school bus and pupil transportation vehicle
19 drivers as authorized by the superintendent of public
20 instruction. In meeting these physical requirements, the driver
21 shall be examined by a licensed physician, physicians' assistant,
22 or certified nurse practitioner and shall present the medical
23 certificate to the employer.
24 (c) An employer who has reason to believe that a driver is
25 not physically qualified to drive may require a physical
26 examination for that driver in accordance with subdivision (b) at
27 more frequent intervals. If an employer requests a physical
1 examination under this subdivision, the employer shall indicate
2 in writing what physical impairment covered under the
3 requirements of subdivision (b) the driver is to be examined for
4 and shall only be entitled to that portion of the examination
5 results that pertain to that impairment. An examination requested
6 by the employer under this subdivision shall be paid for by the
7 employer.
8 (d) A copy of the medical certificate for a driver shall be
9 carried by that driver while he or she is operating a school bus.
10 or pupil transportation vehicle.
11 (2) A record of each employed school bus or pupil
12 transportation vehicle driver,
including a copy of his or her
13 medical certificate, department of education certification,
14 driver license, certificate of road test application for
15 employment, and any other information that relates to driver
16 qualification or ability to safely drive a school bus, or
pupil
17 transportation vehicle, shall
be maintained in the employer's
18 administrative office.
19 (3) A school shall submit transportation safety related
20 documents, such as driver qualification records, and vehicle
21 maintenance records upon request for inspection and copying to
22 motor carrier officers or vehicle safety inspectors of the
23 department of state police.
24 (4) Upon receipt of an application from a person for the
25 position of school bus driver, or pupil transportation vehicle
26 driver, a school shall
request from the department of state
27 police a background check to determine whether the person was
1 convicted of any of the following offenses:
2 (a) Criminal sexual conduct in any degree.
3 (b) Assault with intent to commit criminal sexual conduct.
4 (c) An attempt to commit criminal sexual conduct in any
5 degree.
6 (d) Felonious assault on a child, child abuse, or cruelty,
7 torture, or indecent exposure involving a child.
8 (e) A violation of section 145c of the Michigan penal code,
9 1931 PA 328, MCL 750.145c.
10 (5) A person shall not smoke on a school bus. or
pupil
11 transportation vehicle.
12 (6) A person shall not possess or consume alcoholic liquor
13 or a controlled substance on a school bus. or pupil
14 transportation vehicle.
15 (7) This section does not require new or additional third
16 party reimbursement or worker's compensation benefits for
17 services rendered.
18 Sec. 55. (1) A school bus driver shall actuate alternately
19 flashing lights only when the school bus is stopped or stopping
20 on a highway or private road for the purpose of receiving or
21 discharging pupils in the manner provided in this act. A school
22 bus driver shall not actuate the alternately flashing lights when
23 operating on a public highway or private road and transporting
24 passengers primarily other than school pupils.
25 (2) The driver of a school bus while operating upon the
26 public highways or private roadways open to the public shall
27 receive or discharge pupils from the bus in the following manner:
1 (a) If pupils are required to cross the roadway, the driver
2 of a school bus equipped with only the alternately flashing
3 overhead red lights in accordance with section 17 shall activate
4 the alternately flashing overhead red lights not less than 200
5 feet before the stop, stop the school bus on the roadway or
6 private road to provide for the safety of the pupils being
7 boarded or discharged, and continue to activate the alternately
8 flashing overhead red lights while receiving or discharging
9 pupils. The bus shall stop in the extreme right-hand lane when
10 boarding or discharging pupils. Before resuming motion, the
11 driver shall deactivate these lights and allow congested traffic
12 to disperse where practicable. The deactivation of these lights
13 is the signal for stopped traffic to proceed.
14 (b) If the pupils are required to cross the roadway, the
15 driver of a school bus equipped with red and amber alternately
16 flashing overhead lights in accordance with section 19 shall
17 activate the alternately flashing overhead amber lights not less
18 than 200 feet before the stop, stop the bus on the roadway or
19 private road to provide for the safety of the pupils being
20 boarded or discharged, deactivate the alternately flashing
21 overhead amber lights, and activate the alternately flashing
22 overhead red lights while receiving or discharging pupils. The
23 bus shall stop in the extreme right-hand lane for the purpose of
24 boarding or discharging pupils. Before resuming motion, the
25 driver shall deactivate these lights and allow congested traffic
26 to disperse where practicable. The deactivation of these lights
27 is the signal for stopped traffic to proceed.
1 (c) If the pupils are not required to cross the roadway, the
2 driver of a school bus equipped with only the alternately
3 flashing overhead red lights in accordance with section 17 shall
4 activate the alternately flashing overhead red lights not less
5 than 200 feet before the stop, stop the bus as far off the
6 roadway or private road as practicable to provide for the safety
7 of the pupils being boarded or discharged, and continue to
8 activate the alternately flashing overhead red lights while
9 receiving or discharging pupils. Before resuming motion, the
10 driver shall deactivate these lights and allow congested traffic
11 to disperse where practicable. The deactivation of these lights
12 is the signal for stopped traffic to proceed.
13 (d) If the pupils are not required to cross the roadway, the
14 driver of a school bus equipped with red and amber alternately
15 flashing overhead lights in accordance with section 19 shall
16 activate the alternately flashing overhead amber lights not less
17 than 200 feet before the stop, stop the bus as far off the
18 roadway or private road as practicable to provide for the safety
19 of the pupils being boarded or discharged, deactivate the
20 alternately flashing overhead amber lights, and activate the
21 alternately flashing overhead red lights while receiving or
22 discharging pupils. Before resuming motion, the driver shall
23 deactivate these lights and allow congested traffic to disperse
24 where practicable. The deactivation of these lights is the signal
25 for stopped traffic to proceed.
26 (e) If the pupils are not required to cross the roadway and
27 where the road has adequate width for the school bus to be pulled
1 to the far right of or off the roadway or private road allowing
2 traffic to flow and to provide for the safety of pupils being
3 boarded or discharged, the driver shall activate the hazard
4 warning lights before the stop and continue to display the lights
5 until the process of receiving or discharging passengers has been
6 completed if the lawful speed limit is 45 miles per hour or less.
7 Before resuming motion, the driver shall deactivate these lights.
8 The driver of a school bus shall only use this procedure at stops
9 where the school administrator or person or entity under contract
10 with a school to provide pupil transportation services has
11 approved its use. If this hazard warning light option is not
12 used, the driver shall use the appropriate procedure in
13 subdivision (a), (b), (c), or (d) as if pupils were not required
14 to cross the roadway.
15 (f) Except as provided in subdivision (e), if the pupils are
16 not required to cross the roadway and where the school bus may be
17 pulled off the roadway or private road or where the road has
18 adequate width for the school bus to be pulled off to the far
19 right of the roadway or private road leaving the normal traffic
20 flow unobstructed and to provide for the safety of pupils being
21 boarded or discharged, the driver shall activate the hazard
22 warning lights before the stop and continue to display the lights
23 until the process of receiving or discharging passengers has been
24 completed. Before resuming motion, the driver shall deactivate
25 these lights. The driver of a school bus shall only use this
26 procedure at stops where the school administrator or entity under
27 contract with a school to provide pupil transportation services
1 has approved its use. If this hazard warning light option is not
2 used, the driver shall use the appropriate procedure in
3 subdivision (a), (b), (c), or (d) as if pupils were not required
4 to cross the roadway.
5 (g) The distance of not less than 200 feet required for
6 light activation by this subsection shall be measured on the
7 roadway or private road on which the stop is made for receiving
8 or discharging pupils.
9 (3) Pupils crossing the roadway upon being discharged from a
10 school bus shall cross in front of the stopped school bus. If a
11 school district authorizes its school bus drivers to signal
12 pupils to cross in front of the stopped school bus, the signal
13 shall be uniform throughout the school district.
14 (4) The driver of a school bus shall not stop the bus for
15 the purpose of receiving or discharging pupils in the following
16 instances:
17 (a) Within 200 feet of a public or private roadway
18 intersection unless the stop is approved by the school
19 administrator or entity under contract with a school to provide
20 pupil transportation services.
21 (b) Upon a limited access highway or freeway, or upon any
22 other highway or roadway that has been divided into 2 roadways by
23 leaving an intervening space, a physical barrier, or clearly
24 divided sections so constructed as to impede vehicular traffic if
25 the pupils are required to cross the roadway.
26 (c) Upon a roadway constructed or marked to permit 3 or more
27 separate lanes of vehicular traffic in either direction if the
1 pupils are required to cross the roadway.
2 (5) The driver of a school bus when using the alternately
3 flashing overhead red lights shall not stop the bus on any
4 highway or roadway for the purpose of receiving or discharging
5 pupils under the following conditions:
6 (a) If the lawful speed limit is more than 35 miles per hour
7 and the stopped bus is not clearly and continuously visible to
8 approaching vehicles on that highway or roadway for at least 400
9 feet. When the distance from the stopped bus to the end of the
10 highway or roadway is less than 400 feet, clear and continuous
11 visibility must be available from the bus to the end of the
12 highway or roadway.
13 (b) If the lawful speed limit is 35 miles per hour or less
14 and the stopped bus is not clearly and continuously visible to
15 approaching vehicles on that highway or roadway, for at least 200
16 feet. When the distance from the stopped bus to the end of the
17 highway or roadway is less than 200 feet, clear and continuous
18 visibility must be available from the bus to the end of the
19 highway or roadway.
20 (c) Within 50 feet of an intersection if the intersection is
21 controlled by a traffic control signal.
22 (6) A school may provide instruction on proper school bus
23 etiquette which may include, but not be limited to, boarding and
24 leaving the bus, evacuation of the bus in an emergency, and road
25 crossing procedures and the correct hand signal in the district,
26 if any. If a school uses school bus drivers for this instruction,
27 the state board may reimburse the school for this training.
1 (7) For the purpose of this section, "required to cross the
2 roadway" does not include crossing the roadway with the
3 assistance of a traffic control signal, or with the assistance of
4 a school crossing guard as defined in section 57b of the Michigan
5 vehicle code, 1949 PA 300, MCL 257.57b, and applies only to the
6 roadway on which the stop is being made.
7 (8) For purposes of this act, a school bus is clearly and
8 continuously visible if at least that portion of a school bus
9 extending from and including the headlamps and including all
10 front overhead lamps can be seen by traffic approaching the
11 school bus from the front and if at least that portion of the
12 school bus extending from and including the taillamps through and
13 including all rear overhead lamps when seen by traffic from the
14 rear.
15 Sec. 57. (1) Except as provided in subsections (2), (3), and
16 (4), the driver of a school bus, before crossing a railroad track
17 at grade, shall stop the vehicle within 50 feet but not less than
18 15 feet from the nearest rail, activate hazard warning lights,
19 turn off all interior switches including fans, heaters, and
20 radios, open the passenger door and driver-side window, and while
21 stopped shall listen and look in both directions along the track
22 for an approaching train and for signals indicating the approach
23 of a train, and shall not proceed until the driver can do so
24 safely. After stopping as required in this subsection, and upon
25 proceeding when it is safe to do so, the driver of the vehicle
26 shall cross only in a gear of the vehicle that does not require
27 changing gears while traversing the crossing. The driver shall
1 not shift gears while crossing the track or tracks.
2 (2) A stop need not be made at a railroad track grade
3 crossing where a uniformed police officer or a traffic-control
4 signal directs traffic to proceed.
5 (3) A stop need not be made at an abandoned railroad track
6 grade crossing. As used in this subsection, "abandoned railroad
7 track" means a railroad track which meets all both
of the
8 following requirements:
9 (a) The track has been abandoned pursuant to the former
10 provisions of Act No. 56 of the Public Acts of 1919, being
11 sections 469.241 to 469.246 of the Michigan Compiled Laws;
12 section 14 of Act No. 300 of the Public Acts of 1909, being
13 section 462.14 of the Michigan Compiled Laws; or federal law
14 completely paved over or removed.
15 (b) The track has been covered or removed.
16 (b) (c) All
signs, signals, and other warning devices are
17 removed.
18 (4) A stop shall not be made at a railroad track grade
19 crossing on a freeway or limited access highway where the
20 crossing is protected by a clearly visible signal, crossing gate,
21 or barrier at a time when the signal, crossing gate, or barrier
22 is not activated.
23 (5) A person who violates this section is responsible for a
24 civil infraction and may be ordered to pay a civil fine of not
25 more than $100.00. A civil infraction under this subsection shall
26 be processed in the same manner as a civil infraction under the
27 Michigan vehicle code, Act
No. 300 of the Public Acts of 1949,
1 being sections 257.1 to 257.923 of the Michigan Compiled Laws
2 1949 PA 300, MCL 257.1 to 257.923.
3 Sec. 61. A person driving a school bus shall not exceed the
4 speed limits established for this type of vehicle under the
5 Michigan vehicle code, Act
No. 300 of the Public Acts of 1949,
6 being sections 257.1 to 257.923 of the Michigan Compiled Laws
7 1949 PA 300, MCL 257.1 to 257.923. A person who violates this
8 section is subject to the penalty assessed for violation of
9 section 627 or 627b of the Michigan vehicle code, Act
No. 300
10 of the Public Acts of 1949, being sections 257.627 and 257.627b
11 of the Michigan Compiled Laws 1949 PA 300, MCL
257.627b.
12 Sec. 67. (1) In compliance with section 65(8), if a
13 determination is made that economically feasible private
14 transportation does not exist, a school may contract with a
15 federal, state, or local unit of government, or a subcontractor
16 of these units, for the use of a school bus to transport persons
17 to or from an activity or function sponsored or operated by the
18 unit of government. The governmental agency, or subcontractors of
19 the governmental agency, shall pay the full costs incurred in the
20 use of a school bus. A school bus may be contracted out only in
21 compliance with the provisions of the school insurance policy and
22 any joint stipulations of the school and the school bus drivers
23 including, but not limited to, any collective bargaining
24 agreements in force or if no collective bargaining agreement
25 exists, agreement with the bargaining agent if it has been
26 designated. A school shall not purchase additional school buses
27 for the sole purpose of implementing this provision of law.
1 (2) The provision of school buses for the purpose provided
2 in subsection (1) shall not be made if bus service for K to 12
3 pupils of the school would be compromised.
4 Sec. 69. The cost of purchasing pupil transportation
5 vehicles and school buses
and the rehabilitation of school buses
6 to extend the period of usefulness shall conform with the rules
7 promulgated by the department of education to provide state aid
8 to eligible school districts for the purchase of pupil
9 transportation vehicles and school
buses and the cost of
10 rehabilitation of school buses to extend the period of
11 usefulness.
12 Sec. 70. (1) The department of education shall establish an
13 advisory committee to advise the department on issues and topics
14 concerning school buses and school bus safety. The advisory
15 committee shall consist of a member from each of the following
16 departments or organizations:
17 (a) The department.
18 (b) The department of state police.
19 (c) The state transportation department.
20 (d) The department of state.
21 (e) The Michigan association for pupil transportation.
22 (f) The Michigan association of school business officials.
23 (g) The Michigan association of school administrators.
24 (h) Buses united for safety. The training agency
25 association of Michigan.
26 (i) A member representing nonpublic schools.
27 (j) The Michigan education association.
1 (k) The Michigan association of school boards.
2 (l) Other organizations representing school bus drivers as
3 the department considers appropriate.
4 (m) Any other organizations or groups the department
5 considers necessary.
6 (2) The advisory committee shall include members
7 representing bus drivers and supervisors in rural areas, suburban
8 areas, and cities in the Lower and Upper Peninsula.
9 (3) The advisory committee shall assist the department in
10 the development of continuing education courses for school bus
11 drivers and supervisors, any modifications to the introductory
12 school bus safety course, the program to evaluate driving skills
13 and on-road procedural performance skills of each school bus
14 driver, and the minimum threshold for a required safety
15 evaluation, which may include, but is not limited to, number of
16 points on a driving record, operating impaired or under the
17 influence of alcohol, at-fault accidents, or violations of safety
18 procedures, for requiring drivers to take the on-road driver
19 skills test.
20 (4) The advisory committee shall assist the department in
21 updating physical examination requirements as necessary to comply
22 with changes in federal and state law or rules.
23 (5) By August 15,
1991 the advisory committee
shall complete
24 and present to the state board of education, along with their
25 recommendations, a study of the feasibility, safety, and fiscal
26 implications of requiring school bus and pupil transportation
27 vehicle drivers to take the on-road driver skills test within
1 each 4-year period the driver is assigned to drive a school bus
2 or pupil transportation vehicle.
3 (6) By October 1,
1991 the advisory committee
shall complete
4 and present to the legislature, a study of the feasibility,
5 safety, and fiscal impact of an all right hand drop procedure for
6 boarding and discharging passengers from a school bus.
7 (7) By January 1,
1992 the advisory committee
shall complete
8 and present to the legislature a study of the feasibility,
9 safety, and fiscal implications of using transit style school
10 buses exclusively. The study shall include, but not be limited
11 to, an estimate of the current number of transit style school
12 buses and other school bus types, the cost differential between
13 the types based on passenger capacity, the accident rate for 1989
14 on transit and nontransit style school buses, and the estimated
15 annual savings if the frequency and severity of personal injuries
16 and property damages are reduced by the use of transit style
17 school buses.
18 Sec. 73. (1) A person who violates this act is guilty
of a
19 misdemeanor responsible
for a state civil infraction and shall
20 be assessed a fine of not more than $500.00, unless that
21 violation is by this act or other law of this state declared to
22 be a felony or a civil infraction.
23 (2) Unless another penalty is provided in this act or by the
24 laws of this state, a person convicted of a misdemeanor for the
25 violation of this act shall be punished by a fine of not more
26 than $500.00, or by imprisonment for not more than 3 months, or
27 both.
1 (2) (3) Motor carrier officers appointed by the director
2 of the department of state police shall have all the powers
3 conferred upon peace officers by the general laws of this state
4 to enforce this act and the rules promulgated pursuant to this
5 act.
6 Enacting section 1. Sections 35, 37, 52, and 63 of the pupil
7 transportation act, 1990 PA 187, MCL 257.1835, 257.1837,
8 257.1852, and 257.1863, are repealed.