May 17, 2018, Introduced by Reps. Howell, Lucido, Tedder, LaFave, Noble, Canfield, Maturen, VanSingel, Crawford, Dianda and VanderWall and referred to the Committee on Transportation and Infrastructure.
A bill to amend 1990 PA 187, entitled
"The pupil transportation act,"
by amending sections 11, 33, 49, 51, 55, and 65 (MCL 257.1811,
257.1833, 257.1849, 257.1851, 257.1855, and 257.1865), sections 11
and 33 as amended by 2006 PA 107, section 49 as amended by 2006 PA
108, section 51 as amended by 2010 PA 93, and section 55 as amended
by 2006 PA 320.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11. (1) This section and sections 13 to 21 apply to both
type I and type II school buses except where specifically provided
otherwise.
(2) A type I school bus shall have an outside body width of
not more than 102 inches; an outside overall length of not more
than 45 feet; and an inside height of not less than 72 inches,
aisle floor surface to ceiling. A type II school bus shall have an
outside body width of not more than 102 inches and an inside height
of not less than 60 inches, aisle floor surface to ceiling.
(3) A bus shall be attached firmly to the chassis. A spacer
shall be inserted between the body and the frame at every point of
contact so that shearing stresses are not put on rivet heads.
(4) A bus floor shall be of metal at least equal in strength
to
14-gauge steel and so constructed and maintained so that
exhaust
gases cannot enter the bus. The floor, including wheelhousing,
aisle, and stepwell, shall be covered and maintained with a slip-
resistant surface. Floors shall be coved to the walls. All closures
between the body and the engine compartment shall be fitted with
gaskets
which that effectively prevent gas from entering the body.
The bus body floor, cross members, and skirts shall be completely
undercoated. A transmission inspection plate, if any, need not have
a slip-resistant surface but shall be firmly attached.
(5) Sedan-type doors shall not be used on type I school buses.
When a jackknife-type service door is used, it shall fold forward
toward the front of the bus. If a split-type service door is used,
it shall open outward. Sedan-type doors may be used on service
entrances of type II buses. The steps of a service door entrance
shall be covered with 3/16-inch molded ribbed rubber or other
nonslip surface.
(6) An emergency exit shall be provided as follows:
(a) Type I school bus: the upper and lower portion of the
central rear emergency door shall be equipped with approved safety
glass. The door shall be hinged on the right side and the door
handle located on the extreme left. Piano hinges shall not be used.
The handle shall be in the vertical position when latched. A
locking device of any kind shall not be attached to, or made a part
of, the emergency door unless the locking device meets all of the
following criteria:
(i) The device is integrated into the ignition system.
(ii) The device is tamper resistant.
(iii) The device has an audible alarm system.
(iv) The device has an audible alarm near the driver's seat
that will sound when the door is locked and the ignition is on.
(b) Type II school bus: subdivision (a) applies to type II
buses except that double rear emergency doors may be used. A double
rear emergency door shall have a 3-point latch.
(7) A bus body shall be lined with fiberglass or a comparable
nonsettling, nonabsorbent insulation.
(8) Book racks shall not be installed in a school bus.
(9) The electrical system shall be 12 volt D.C. provided
through an alternator with a minimum of 100 amp rating and a
minimum battery storage capacity of 500 CCA with gasoline engine,
or 900 CCA with diesel engine provided through 1 12-volt battery, 2
12-volt batteries, or 2 6-volt batteries. There shall not be an
opening through the floor of the bus to service the battery.
(10) All baggage, articles, equipment, or medical supplies not
held
by individual passengers shall be secured in a manner which
that assures unrestricted access to all exits by all occupants,
does not restrict the driver's ability to operate the bus, and
protects all occupants against injury resulting from falling or
displacement of any baggage, article, or equipment. Oxygen
cylinders secured to a wheelchair shall be considered to be in
compliance
with this subsection , provided if they do not impede
access to any exit.
(11)
Radio speakers shall be no closer to the driver than 3
seat
positions behind the driver. This subsection does not apply to
radio
speakers for 2-way communication devices.
Sec. 33. (1) A school bus shall be painted as follows:
(a) The body, cowl, hood, and fenders shall be national school
bus chrome yellow.
(b) The bumper, body trim, wheels, and lettering shall be
black. The wheel rims shall be gray, black, white, or natural, as
provided by the manufacturer.
(c) The wheel covers, if painted, shall be black.
(d) The grill, if not chrome, shall be national school bus
chrome yellow.
(e) The mirrors, if painted, shall be black or yellow.
(f) The name of the school district or contractor shall be
permanently affixed in black letters that are at least 6 inches
high on the sides of the bus. The name of the school district or
contractor shall be permanently affixed on the front and back of
the bus in black letters.
(g) The words "school bus" shall be permanently affixed on the
front and back of the bus between the overhead flashers in black
letters that are at least 8 inches in height.
(h) The outside of a school bus shall not have any other
lettering, symbol, marking, or advertising, except that animal
pictures, cartoon figures, and similar insignia may be affixed to
the bus in a temporary manner near the entrance door, but not
closer than the second window, to assist in identifying the bus
route. A unique identification number may be permanently affixed on
the upper corners of the back, front, or sides of the bus. A
contractor shall display a USDOT number when required and in the
manner required by 49 CFR parts 390 to 399.
(i) Wording for school bus roof and door emergency exits, for
inside and outside the bus, shall comply with the motor vehicle
safety standards found in 49 CFR 571.217.
(j) The roof of a school bus may be white or yellow. However,
no part of a school bus may be white below the drip rail above the
side windows.
(2)
Except for a bus leased seasonally to transport
agricultural
workers to and from a field for agricultural
operations,
a A bus, other than a school bus, shall not be painted,
in whole or in part, in the colors and design specified in
subsection (1). This subsection does not apply to either of the
following:
(a) A bus leased seasonally to transport agricultural workers
to and from a field for agricultural operations.
(b) A bus certified by the state transportation department
that is owned and operated by a private carrier primarily under
contract with a school system that is also used for occasional
charter service to the public or for school-related event
transportation.
(3) Subsection (1) does not apply to multifunction school
activity buses.
(4)
This section does not apply to a motor carrier certified
by
the state transportation department using a motor bus for
school-related
event transportation.
Sec. 49. (1) A person, whether or not licensed under the
Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, who is 17
years of age or less shall not drive a school bus.
(2) A person shall not operate a school bus unless that person
possesses a valid chauffeur's license, the appropriate vehicle
group designation, a passenger vehicle indorsement, and a school
bus indorsement as required under section 312e of the Michigan
vehicle code, 1949 PA 300, MCL 257.312e. A person with a commercial
driver license shall not operate a school bus, and a school, school
bus owner, or lessee shall not allow a person with a commercial
driver license to operate a school bus, unless the operation is in
compliance with the drug and alcohol testing regulations under 49
CFR parts 40 and 382.
(3) A person shall not operate a school bus or a school
administrator or a person or entity under contract with a school to
provide pupil transportation services shall not knowingly permit a
person to operate a school bus for the transportation of pupils to
and from school or school-related events if that person has 7 or
more penalty points for moving violations on his or her driving
record under section 320a of the Michigan vehicle code, 1949 PA
300, MCL 257.320a, or if the person has a restricted license due to
a conviction for a violation of section 625 of the Michigan vehicle
code, 1949 PA 300, MCL 257.625.
(4) A commercial driver license skills test shall be
administered by a state authorized commercial driver license
examiner to a school bus driver who has had 1 or more of the
following:
(a) Had his or her driver license or commercial driver license
suspended, canceled, or denied under section 303 or 319 of the
Michigan vehicle code, 1949 PA 300, MCL 257.303 and 257.319.
(b) Has been disqualified from operating a commercial motor
vehicle.
(c) Has been convicted of any of the disqualifying offenses in
49 CFR 383.51(b) while operating a commercial motor vehicle or any
offense in a noncommercial motor vehicle that would be a
disqualifying condition under 49 CFR 383.51(b) if committed in a
commercial motor vehicle.
(d) Has more than 1 conviction of any of the serious traffic
violations
defined in 49 CFR 383.5, 49
CFR 383.51(c), while
operating a commercial motor vehicle within the last 3 years.
(e) Has been convicted of any motor vehicle traffic violation
that resulted in an accident while operating a commercial motor
vehicle.
(f) Has been disqualified from operating a school bus under
section
49(3).subsection (3).
(g) A driver who is required to take a test under this
subsection shall not operate a school bus until the driver has
passed the test. The commercial driver license skills test shall be
conducted by an examiner not employed or under contract with the
same agency or school of the driver being tested.
Sec. 51. (1) A driver of a school bus transporting passengers
shall have in his or her possession a certificate stating that he
or she has enrolled in the entry level school bus safety education
course or has successfully completed a course in school bus safety
education within the immediately preceding 2 years. The entry level
course shall be available to the school bus driver within 90 days
of enrollment. Except as otherwise provided in this subsection,
enrollment certificates shall expire 10 days after the end of the
entry level course in which the driver is enrolled. A second
enrollment certificate shall not be issued. If a person completes
the entry level school bus safety education course after June 30 of
any given year and before completing the subsequent 6-hour
continuing education course, the duration of the entry level
certificate may be extended to the completion of the next available
subsequent 6-hour continuing education course. The entry level
course and subsequent 6-hour continuing education course shall be
approved by the superintendent of public instruction and shall be
provided by an approved educational agency. The certificate of
successful completion of each course shall be prescribed by the
superintendent of public instruction and successfully completed by
an instructor of the course. Failure to successfully complete the
entry level course or to complete the 6-hour continuing education
course within 2 years after certification of successful completion
of a prior course shall be reported by the instructional agency to
the department of education and to the school which employs the
driver. A driver who fails to successfully complete the entry level
course within 90 days after enrollment or to meet the continuing
education requirements shall not be permitted to drive a school bus
transporting passengers.
(2) The person or persons in charge of school bus operations
at
a school shall have, at a minimum, successfully completed the
beginning
school bus driver a training program in his or her first
year serving as the person or persons in charge of the operation.
The person or persons in charge of school bus operations at a
school shall successfully complete 6 hours of supervisory
continuing education every 2 years after the successful completion
of
the beginning school bus driver a
training program. The
continuing
education course or courses shall be approved by the
superintendent of public instruction shall approve all training
programs required of a person or persons in charge of school bus
operations at a school, and those training programs shall be
provided by an approved educational agency.
(3) The cost of any course instruction and the base rate of
compensation of the driver shall be reimbursed by the state on an
equal basis for public and nonpublic schools as provided for by the
department of education. Attendance by a person at an entry level
course, a continuing education course, or an on-road driver skills
test as required by this section or section 52 shall be considered
compensable work time by the school and the person shall be paid at
not less than their base rate as determined by their individual
contract of employment or their contractual rate as negotiated
between the school and the person's collective bargaining
representative.
(4) The legislature shall appropriate the funds necessary to
implement this section.
Sec. 55. (1) A school bus driver shall actuate alternately
flashing lights only when the school bus is stopped or stopping on
a highway or private road for the purpose of receiving or
discharging pupils in the manner provided in this act. A school bus
driver shall not actuate the alternately flashing lights when
operating on a public highway or private road and transporting
passengers primarily other than school pupils.
(2) The driver of a school bus while operating upon the public
highways or private roadways open to the public shall receive or
discharge pupils from the bus in the following manner:
(a) If pupils are required to cross the roadway, the driver of
a school bus equipped with only the alternately flashing overhead
red lights in accordance with section 17 shall activate the
alternately flashing overhead red lights not less than 200 feet
before the stop, stop the school bus on the roadway or private road
to provide for the safety of the pupils being boarded or
discharged, and continue to activate the alternately flashing
overhead red lights while receiving or discharging pupils. The bus
shall stop in the extreme right-hand lane when boarding or
discharging pupils. Before resuming motion, the driver shall
deactivate these lights and allow congested traffic to disperse
where practicable. The deactivation of these lights is the signal
for stopped traffic to proceed.
(b) If the pupils are required to cross the roadway, the
driver of a school bus equipped with red and amber alternately
flashing overhead lights in accordance with section 19 shall
activate the alternately flashing overhead amber lights not less
than 200 feet before the stop, stop the bus on the roadway or
private road to provide for the safety of the pupils being boarded
or discharged, deactivate the alternately flashing overhead amber
lights, and activate the alternately flashing overhead red lights
while receiving or discharging pupils. The bus shall stop in the
extreme right-hand lane for the purpose of boarding or discharging
pupils. Before resuming motion, the driver shall deactivate these
lights and allow congested traffic to disperse where practicable.
The deactivation of these lights is the signal for stopped traffic
to proceed.
(c) If the pupils are not required to cross the roadway, the
driver of a school bus equipped with only the alternately flashing
overhead red lights in accordance with section 17 shall activate
the alternately flashing overhead red lights not less than 200 feet
before the stop, stop the bus as far off the roadway or private
road as practicable to provide for the safety of the pupils being
boarded or discharged, and continue to activate the alternately
flashing overhead red lights while receiving or discharging pupils.
Before resuming motion, the driver shall deactivate these lights
and allow congested traffic to disperse where practicable. The
deactivation of these lights is the signal for stopped traffic to
proceed.
(d) If the pupils are not required to cross the roadway, the
driver of a school bus equipped with red and amber alternately
flashing overhead lights in accordance with section 19 shall
activate the alternately flashing overhead amber lights not less
than 200 feet before the stop, stop the bus as far off the roadway
or private road as practicable to provide for the safety of the
pupils being boarded or discharged, deactivate the alternately
flashing overhead amber lights, and activate the alternately
flashing overhead red lights while receiving or discharging pupils.
Before resuming motion, the driver shall deactivate these lights
and allow congested traffic to disperse where practicable. The
deactivation of these lights is the signal for stopped traffic to
proceed.
(e) If the pupils are not required to cross the roadway and
where the road has adequate width for the school bus to be pulled
to the far right of or off the roadway or private road allowing
traffic to flow and to provide for the safety of pupils being
boarded or discharged, the driver shall activate the hazard warning
lights before the stop and continue to display the lights until the
process of receiving or discharging passengers has been completed
if
the lawful speed limit is 45 50
miles per hour or less. Before
resuming motion, the driver shall deactivate these lights. The
driver of a school bus shall only use this procedure at stops where
the school administrator or person or entity under contract with a
school to provide pupil transportation services has approved its
use. If this hazard warning light option is not used, the driver
shall use the appropriate procedure in subdivision (a), (b), (c),
or (d) as if pupils were not required to cross the roadway.
(f) Except as provided in subdivision (e), if the pupils are
not required to cross the roadway and where the school bus may be
pulled off the roadway or private road or where the road has
adequate width for the school bus to be pulled off to the far right
of the roadway or private road leaving the normal traffic flow
unobstructed and to provide for the safety of pupils being boarded
or discharged, the driver shall activate the hazard warning lights
before the stop and continue to display the lights until the
process of receiving or discharging passengers has been completed.
Before resuming motion, the driver shall deactivate these lights.
The driver of a school bus shall only use this procedure at stops
where the school administrator or entity under contract with a
school to provide pupil transportation services has approved its
use. If this hazard warning light option is not used, the driver
shall use the appropriate procedure in subdivision (a), (b), (c),
or (d) as if pupils were not required to cross the roadway.
(g) The distance of not less than 200 feet required for light
activation by this subsection shall be measured on the roadway or
private road on which the stop is made for receiving or discharging
pupils.
(3) Pupils crossing the roadway upon being discharged from a
school bus shall cross in front of the stopped school bus. If a
school district authorizes its school bus drivers to signal pupils
to cross in front of the stopped school bus, the signal shall be
uniform throughout the school district.
(4) The driver of a school bus shall not stop the bus for the
purpose of receiving or discharging pupils in the following
instances:
(a) Within 200 feet of a public or private roadway
intersection unless the stop is approved by the school
administrator or entity under contract with a school to provide
pupil transportation services.
(b) Upon a limited access highway or freeway, or upon any
other highway or roadway that has been divided into 2 roadways by
leaving an intervening space, a physical barrier, or clearly
divided sections so constructed as to impede vehicular traffic if
the pupils are required to cross the roadway.
(c) Upon a roadway constructed or marked to permit 3 or more
separate lanes of vehicular traffic in either direction if the
pupils are required to cross the roadway.
(5) The driver of a school bus when using the alternately
flashing overhead red lights shall not stop the bus on any highway
or roadway for the purpose of receiving or discharging pupils under
the following conditions:
(a) If the lawful speed limit is more than 35 miles per hour
and the stopped bus is not clearly and continuously visible to
approaching vehicles on that highway or roadway for at least 400
feet. When the distance from the stopped bus to the end of the
highway or roadway is less than 400 feet, clear and continuous
visibility must be available from the bus to the end of the highway
or roadway.
(b) If the lawful speed limit is 35 miles per hour or less and
the stopped bus is not clearly and continuously visible to
approaching vehicles on that highway or roadway, for at least 200
feet. When the distance from the stopped bus to the end of the
highway or roadway is less than 200 feet, clear and continuous
visibility must be available from the bus to the end of the highway
or roadway.
(c) Within 50 feet of an intersection if the intersection is
controlled by a traffic control signal.
(6) A school may provide instruction on proper school bus
etiquette which may include, but not be limited to, boarding and
leaving the bus, evacuation of the bus in an emergency, and road
crossing procedures and the correct hand signal in the district, if
any. If a school uses school bus drivers for this instruction, the
state board may reimburse the school for this training.
(7) For the purpose of this section, "required to cross the
roadway" does not include crossing the roadway with the assistance
of a traffic control signal, or with the assistance of a school
crossing guard as defined in section 57b of the Michigan vehicle
code, 1949 PA 300, MCL 257.57b, and applies only to the roadway on
which the stop is being made.
(8) For purposes of this section, a school bus is clearly and
continuously visible if both of the following standards are
satisfied:
(a) Approaching traffic is able to see the front of a school
bus extending from the roofline to and including the headlamps at
the distances specified in subsection (5).
(b) Approaching traffic is able to see the back of a school
bus extending from the roofline to and including the tail lamps and
stop lamps at the distances specified in subsection (5).
Sec. 65. (1) Pursuant to an agreement made under subsection
(4),
a school may permit the use of a school bus which that is
not
otherwise being used for school purposes by an organization or
group for purposes of transporting senior citizens or retired or
disabled persons, or by a nonprofit organization for purposes of
transporting
its members providing transportation
to attendees to
or from an activity, event, or outing, if the school determines
that suitable or economically feasible public or private
transportation is not available for this purpose. Mileage,
insurance, and other costs may be paid by the group or organization
or may be waived by the school.
(2) A school may permit the use of a school bus for the
purposes of transporting persons other than pupils to school-
sponsored events. The school may collect a fee for transporting
persons other than pupils to or from school-sponsored events to
cover expenses for the trips involved. Insurance to indemnify the
school, its officers, or employees against liability for damages
arising out of the use of school buses shall be obtained before
persons other than pupils are transported and fees charged. The
pupils of the school shall be given first priority for any
transportation furnished by the school.
(3) A school shall not purchase additional school buses for
the sole purpose of implementing this section.
(4) A local unit of government, including a city, county,
village, or township, may enter into an agreement with a school
within its area for the use of school buses to transport senior
citizens
or retired or disabled persons, or members of attendees of
an activity, event, or outing sponsored by a nonprofit
organization,
subject to the same terms and conditions provided in
subsection
subsections (1) and subject to the terms and conditions
in
subsection (5).
(5) A school may contract with a federal, state, or local unit
of government or an authorized government subcontractor for the use
of a school bus to transport persons, if all of the following
conditions exist:
(a) The school bus is not being used for school purposes.
(b) The persons are to be transported to or from an activity
which
that is sponsored or operated by the unit of government.
(c) The school bus is not to be used for transporting freight,
goods, or merchandise other than that which is carried on the laps
of individual passengers.
(d) A subcontractor of a unit of government has obtained
written
evidence of a contract with the governmental agency which
that shows that the subcontractor is authorized to expend funds for
the transportation for which the use of a school bus is requested.
(e)
It is determined that other Other
suitable or economical
transportation is not available.
(6) A school bus shall be returned in adequate time to be
properly checked and serviced for its scheduled route assignment.
(7) As used in this section, "nonprofit organization" means
any
1 of the following:
(a) A corporation organized under the nonprofit corporation
act,
Act No. 162 of the Public Acts of 1982, being sections
450.2101
to 450.3192 of the Michigan Compiled Laws.1982 PA 162, MCL
450.2101 to 450.3192.
(b) A corporation to which the nonprofit corporation act
applies
as provided in sections 121 and 123 of Act No. 162 of the
Public
Acts of 1982, being sections 450.2121 and 450.2123 of the
Michigan
Compiled Laws.the nonprofit
corporation act, 1982 PA 162,
MCL 450.2121 and 450.2123.
(c) A group, society, organization, or association organized
to carry out any lawful purpose not involving pecuniary profit or
gain for its officers, trustees, or members.
(8) Nothing in this section shall be construed to eliminate,
modify or restrict any of the rights or collective bargaining
agreements
school employees have under Act No. 336 of the Public
Acts
of 1947, being sections 423.201 to 423.216 of the Michigan
Compiled
Laws.1947 PA 336, MCL 423.201
to 423.217.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.