Senate Introduced Bill 57





















SENATE BILL NO. 57


   January 26, 1999, Introduced by Senators NORTH, KOIVISTO, 
        BENNETT, ROGERS, GOSCHKA and BULLARD and referred to 
        the Committee on Education.



        A bill to amend 1990 PA 187, entitled

   "The pupil transportation act,"

   by amending sections 5, 7, 10, 10a, 17, 19, and 55 (MCL 257.1805,

   257.1807, 257.1810, 257.1810a, 257.1817, 257.1819, and 257.1855),

   section 7 as amended by 1992 PA 227, section 10 as amended by

   1996 PA 191, section 10a as added by 1990 PA 322, and section 55

   as amended by 1991 PA 184.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

 2    age with a factory installed fuel system  which 
             THAT has been

 3    modified to operate on a fuel source other than gasoline or

 4    diesel fuel.

 5         (2) "MOTOR BUS" AND "MOTOR CARRIER OF PASSENGERS" MEAN THOSE

 6    TERMS AS DEFINED IN SECTION 3 OF THE MOTOR BUS TRANSPORTATION

 7    ACT, 1982 PA 432, MCL 474.103.


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 1         (3)  (2)  "Nonpublic school" means a private
             school, a

 2    denominational school, or a parochial school as defined by law.

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

 4    local act school district, A PUBLIC SCHOOL ACADEMY, A UNIVERSITY

 5    SCHOOL, or an intermediate school district as defined by law.

 6         (5)  (4)  "Pupil transportation vehicle" means
             any vehicle

 7    other than a school bus WITH A MANUFACTURER'S RATED SEATING

 8    CAPACITY OF 11 OR MORE PASSENGERS, INCLUDING THE DRIVER, THAT IS

 9    used to transport pupils to or from school or school-related

10    events.  Pupil transportation vehicle does not include a vehicle

11    operated by a  municipally owned transportation system or by
             a

12     carrier certified by the state transportation department
                        MOTOR

13    CARRIER OF PASSENGERS OR A PUBLIC TRANSIT AGENCY, OR A VEHICLE

14    USED BY A PARENT OR A PARENT'S DESIGNEE TO TRANSPORT HIS OR HER

15    CHILDREN TO OR FROM SCHOOL OR SCHOOL-RELATED EVENTS.

16         (6)  (5)  "Rehabilitated school bus" means a
             bus  which 

17    THAT is at least 4 years old and has accumulated at least 100,000

18    miles, or is 7 years old; and  which  THAT has been
             thoroughly

19    inspected and had all systems repaired, replaced, or adjusted to

20    meet the department of state police inspection requirements

21    including but not limited to:

22         (a) Engine overhaul of short block.

23         (b) New tires on the front axle.

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

25         (d) New brake linings and drums.

26         (e) New hydraulic brake lines.





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 1         (f) New front and rear springs.

 2         (g) New paint in the interior.

 3         (h) New exhaust system.

 4         (7)  (6)  "Rule" means a rule promulgated
             pursuant to the

 5    administrative procedures act of 1969,  Act No. 306 of the
             Public

 6     Acts of 1969, being sections 24.201 to 24.328 of the
                       Michigan

 7     Compiled Laws  1969 PA 306, MCL 24.201 TO 24.328.

 8         (8)  (7)  "School" means either a public
             school or a nonpub-

 9    lic school, or both.

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

11    a  station wagon or passenger van  PUPIL
             TRANSPORTATION VEHICLE,

12    with a manufacturer's rated seating capacity of  16
              11 or more

13    passengers, INCLUDING THE DRIVER, used for the transportation of

14     school  pupils to  and  OR from
             school  and  OR school-related

15    events  which either  THAT is owned by a school or
              , if owned by

16     an entity other than a school, is transporting school
                        IS USED TO

17    TRANSPORT pupils under a contract or agreement with a school.

18    School bus does not include a vehicle operated by a public tran-

19    sit agency or authority or by a MOTOR carrier certified by the

20    state transportation department unless the vehicle is used exclu-

21    sively to transport  school  pupils or is used to
             transport

22     school  pupils along a route designed to serve 1
             or more schools

23    in a school district if elementary school pupils along the route

24    are required to cross the highway or roadway, as described in

25    section 55.  For the purposes of this act, a parent, parent's

26    designee, or guardian transporting  their  HIS OR
             HER child or

27    another child with written permission of the other child's parent



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 1    or guardian on a school-related event, if not compensated by the

 2    school, shall not be considered an agent of the school.

 3         (2) "SCHOOL TRANSPORTATION VEHICLE" MEANS ANY MOTOR VEHICLE

 4    WITH A MANUFACTURER'S RATED SEATING CAPACITY OF 10 PASSENGERS OR

 5    LESS, INCLUDING THE DRIVER, WHEN OPERATED FOR THE SCHEDULED

 6    TRANSPORTATION OF PUPILS TO OR FROM SCHOOL OR SCHOOL-RELATED

 7    EVENTS.  SCHOOL TRANSPORTATION VEHICLE DOES NOT INCLUDE A VEHICLE

 8    USED BY A PARENT OR PARENT'S DESIGNEE TO TRANSPORT CHILDREN TO OR

 9    FROM SCHOOL OR SCHOOL-RELATED EVENTS.

10         (3)  (2)  "Type I school bus" means a school
             bus with a

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

12         (4)  (3)  "Type II school bus" means a school
             bus with a

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

14         (5)  (4)  "Type I premium school bus" means a
             school bus

15    with a passenger capacity of over 66 pupils and any other school

16    bus purchased by a district at a cost for the vehicle, excluding

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

18    the average cost of a school bus meeting state minimum specifica-

19    tions of the same capacity purchased during the same year.

20         Sec. 10.  (1) Each motor vehicle owned OR OPERATED by a

21    public  ,  OR private  , or governmental
             agency and operated 

22    NONPUBLIC SCHOOL, AN AGENT OF A SCHOOL, A PRIVATE BUSINESS, OR A

23    UNIT OF GOVERNMENT for the transportation of  passengers
              PUPILS

24    to or from school  and  OR school-related events
             shall meet or

25    exceed the  passenger protection  federal motor
             vehicle safety

26    standards applicable to the construction and sale of that vehicle

27    AND FOR ALL SEATING POSITIONS IN THAT VEHICLE.  A vehicle
             for



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 1    which there are no applicable passenger protection federal
             motor

 2     vehicle safety standards shall not be used to transport
                       passen-

 3     gers to and from school and school related events. 
                       A SCHOOL OR

 4    AN AGENT OF A SCHOOL MAY TRANSPORT PUPILS WITH DISABILITIES IN

 5    MOBILE SEATING DEVICES IN ACCORDANCE WITH FEDERAL STANDARDS SPE-

 6    CIFICALLY APPLICABLE TO SUCH PUPILS, THEIR WHEELCHAIRS, AND

 7    RELATED WHEELCHAIR SECUREMENT AND OCCUPANT PROTECTION SYSTEMS.

 8         (2)  Vehicles, other than school buses, shall meet the

 9     requirements of this section by October 1, 2002  A
                       VEHICLE, OTHER

10    THAN A SCHOOL BUS, WITH A MANUFACTURER'S RATED SEATING CAPACITY

11    OF 11 OR MORE PASSENGERS, INCLUDING THE DRIVER, SHALL NOT BE USED

12    TO TRANSPORT PUPILS TO OR FROM SCHOOL OR SCHOOL-RELATED EVENTS

13    AFTER OCTOBER 1, 2002, EXCEPT AS PROVIDED IN THIS ACT.

14         (3) A school shall not purchase a vehicle  to be used
              to

15    transport  passengers  PUPILS to  and
              OR from school  and  OR

16    school-related events HAVING A MANUFACTURER'S RATED SEATING

17    CAPACITY OF 11 OR MORE PASSENGERS, INCLUDING THE DRIVER, that

18    does not meet or exceed the passenger protection federal motor

19    vehicle safety standards applicable to that vehicle.  A school

20    shall not purchase a vehicle to be used to transport passengers

21    to  and  OR from school  and  OR
             school-related events for which

22    there are no applicable passenger protection federal motor vehi-

23    cle safety standards.  This subsection  shall apply
              APPLIES to

24    vehicles, other than school buses, purchased on or after

25    October 1, 1993.

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

27     transport their children to and from school and school
                       related



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 1    events under contract with the school are exempt from the

 2     requirements of this section.  SUBSECTION (2) DOES
                       NOT APPLY TO A

 3    COMMERCIAL MOTOR VEHICLE OPERATED BY A CARRIER CERTIFICATED BY

 4    THE STATE TRANSPORTATION DEPARTMENT, OR A BUS OPERATED BY A

 5    PUBLIC TRANSIT AGENCY OR AUTHORITY EXCLUDED FROM THE DEFINITION

 6    OF SCHOOL BUS AS DESCRIBED IN SECTION 7(1).

 7         Sec. 10a.  (1) A school  district  may
              use a vehicle con-

 8     structed to standards comparable to those used by Greyhound-type

 9     buses  CONTRACT WITH A MOTOR CARRIER OF PASSENGERS
                       FOR A MOTOR

10    BUS TO BE USED for occasional transportation OF PUPILS to OR FROM

11    school-related events.  , provided that a contract for the
             con-

12     struction and delivery of that vehicle was entered into
                       after

13     January 1, 1990, but before the effective date of this act. 
                       This

14     vehicle shall not be used for the regular route
                       transportation of

15     students to and from school and home. 

16         (2) THE DEPARTMENT OF EDUCATION MAY AUTHORIZE THE USE OF A

17    MOTOR BUS FOR THE REGULAR ROUTE TRANSPORTATION OF PUPILS TO OR

18    FROM SCHOOL OR HOME.  THE AUTHORIZATION SHALL BE IN WRITING AND

19    SHALL INCLUDE CONDITIONS OR RESTRICTIONS THAT ARE NECESSARY TO

20    SAFEGUARD THE HEALTH, SAFETY, AND WELFARE OF THE PUPILS.

21         Sec. 17.  (1) THIS SECTION APPLIES TO SCHOOL BUSES MANUFAC-

22    TURED BEFORE OCTOBER 1, 1990 THAT HAVE NOT BEEN RETROFITTED TO

23    MEET THE REQUIREMENTS OF SECTION 19.

24         (2)  (1)  A school bus shall be equipped with
             signal  lamps 

25    LIGHTS mounted as high and widely spaced laterally as practicable

26     which shall be  THAT ARE capable of displaying to
             the front 2

27    OVERHEAD alternately flashing red lights located at the same



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 1    level and to the rear 2 OVERHEAD alternately flashing red lights

 2    located at the same level.  These sealed beam lights shall have

 3    sufficient intensity to be visible from a distance of not less

 4    than 500 feet in normal sunlight.

 5         (3)  (2) Alternately  OVERHEAD ALTERNATELY
             flashing  stop

 6     lights  STOPLIGHTS shall be operated by a manually
                       operated

 7    switch and detached from any other instrument on the bus.  A

 8    flashing light shall not be connected to the brakes or the serv-

 9    ice door on school buses manufactured before October 1, 1990.  A

10    3-inch black area shall be provided around sealed beam flasher

11    lamps front and rear.  Lamps indicating alternating flashing

12    light operation shall be visible to the driver when in a normal

13    seated position.

14          (3) This section shall apply to school buses
             manufactured

15     before October 1, 1990 that have not been retrofitted to
                       meet the

16     requirements of section 19. 

17         Sec. 19.  (1) THIS SECTION APPLIES TO NEW SCHOOL BUSES MANU-

18    FACTURED ON OR AFTER OCTOBER 1, 1990 AND TO SCHOOL BUSES MANUFAC-

19    TURED BEFORE OCTOBER 1, 1990 THAT ARE RETROFITTED TO MEET THE

20    REQUIREMENTS OF THIS SECTION.

21         (2)  (1)  A school bus shall be equipped with
             signal  lamps 

22    LIGHTS mounted as high and widely spaced laterally as practicable

23     which shall be  THAT ARE capable of displaying to
             the front 2

24    OVERHEAD alternately flashing red  lamps  LIGHTS
             located at the

25    same level and to the rear 2 OVERHEAD alternately flashing red

26     lamps  LIGHTS located at the same level.





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 1         (3)  (2)  In addition to the 4 red 
             lamps  LIGHTS described

 2    in subsection  (1)  (2), 4 amber  lamps
              LIGHTS shall be

 3    installed near each red signal  lamp  LIGHT, at the
             same level,

 4    but closer to the vertical center line of the bus.  The system of

 5    red and amber signal  lamps  LIGHTS shall be wired
             so that the

 6    amber  lamps  LIGHTS are energized manually, and
             the red  lamps 

 7    LIGHTS are automatically energized, with the amber  lamps
              LIGHTS

 8    being automatically de-energized, when the bus service door is

 9    opened.

10         (4)  (3)  The area around the lens of each
             OVERHEAD alter-

11    nately flashing signal  lamp  LIGHT and extending
             outward approx-

12    imately 3 inches shall be painted black.  In installations where

13    there is no flat vertical portion of body immediately surrounding

14    the entire lens of a  lamp  LIGHT, a circular or
             square band of

15    black approximately 3 inches wide, immediately below and to both

16    sides of a lens, shall be painted on the body or roof area

17    against which the signal  lamp  LIGHT is seen from
             a distance of

18    500 feet along the axis of the vehicle.  Visors or hoods with an

19    appropriate black background to fit their shape and roofcap may

20    also be used.  These amber and red sealed beam lights shall have

21    sufficient intensity to be visible from a distance of not less

22    than 500 feet in normal sunlight.  Lamps  LIGHTS
             indicating

23    alternately flashing light operation shall be visible to the

24    driver when in a normal seated position.

25          (4) This section shall apply to new school buses
             manufac-

26     tured on or after October 1, 1990 and to school buses





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 1    manufactured before October 1, 1990 that are retrofitted to
             meet

 2     the requirements of this section. 

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

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

 5    on a highway or private road for the purpose of receiving or dis-

 6    charging pupils in the manner provided in this act.  A school bus

 7    driver shall not actuate the alternately flashing lights when

 8    operating on a public highway or private road and transporting

 9    passengers primarily other than school pupils.

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

11    public highways or private roadways open to the public shall

12    receive or discharge pupils from the bus in the following

13    manner:

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

15    of a school bus equipped with only the alternately flashing

16    OVERHEAD red lights in accordance with section 17 shall activate

17    the ALTERNATELY flashing OVERHEAD red lights not less than 200

18    feet before the stop,  and park  STOP the school
             bus as far  off 

19    TO the right side of the  roadway  HIGHWAY or
             private road as

20    possible TO PROVIDE for the safety of the pupils being boarded or

21    discharged, and continue to activate the alternately flashing

22    OVERHEAD red lights while receiving or discharging pupils.

23    Before resuming motion, the driver shall deactivate these lights

24    and allow congested traffic to disperse where practicable.  The

25    deactivation of these lights is the signal for stopped traffic to

26    proceed.





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

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

 3    flashing OVERHEAD lights in accordance with section 19 shall

 4    activate the alternately flashing OVERHEAD amber lights not less

 5    than 200 feet before the stop,  park  STOP the bus
             as far  off 

 6    TO the right side of the  roadway  HIGHWAY or
             private road as is

 7    possible TO PROVIDE for the safety of the pupils being boarded or

 8    discharged, deactivate the  amber  ALTERNATELY
             flashing OVERHEAD

 9    AMBER lights, and activate the alternately flashing OVERHEAD red

10    lights while receiving or discharging pupils.  Before resuming

11    motion, the driver shall deactivate these lights and allow con-

12    gested traffic to disperse where practicable.  The deactivation

13    of these lights is the signal for stopped traffic to proceed.

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

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

16    to the far right of the  roadway  HIGHWAY or
             private road allow-

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

18    boarded or discharged, the driver may activate the hazard warning

19    lights not less than 200 feet before the stop and continue to

20    display the lights until the process of receiving or discharging

21    passengers has been completed if the  posted 
             LAWFUL speed limit

22    is 35 miles per hour or less.  Before resuming motion, the driver

23    shall deactivate these lights.  The driver of a school bus shall

24    only use this procedure at stops where the school administrator

25    or  board approved contractor  PERSON OR ENTITY
             UNDER CONTRACT

26    WITH A SCHOOL TO PROVIDE PUPIL TRANSPORTATION SERVICES has

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



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 1    used, the driver shall use the appropriate procedure in

 2    subdivision (a) or (b) as if pupils were required to cross the

 3     roadway  HIGHWAY.

 4         (d) Except as provided in subdivision (c), if the pupils are

 5    not required to cross the  roadway  HIGHWAY and
             where the bus may

 6    be pulled off the  roadway  HIGHWAY or private road
             or where the

 7    road has adequate width for the school bus to be pulled off to

 8    the far right of the  roadway  HIGHWAY or private
             road leaving

 9    the normal traffic flow unobstructed and to provide for the

10    safety of pupils being boarded or discharged, the driver may

11    activate the hazard warning lights not less than 200 feet before

12    the stop and continue to display the lights until the process of

13    receiving or discharging passengers has been completed.  Before

14    resuming motion, the driver shall deactivate these lights.  The

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

16    where the school administrator or  board approved contractor
             

17    ENTITY UNDER CONTRACT WITH A SCHOOL TO PROVIDE PUPIL TRANSPORTA-

18    TION SERVICES has approved its use.  If this hazard warning light

19    option is not used, the driver shall use the appropriate proce-

20    dure in subdivision (a) or (b) as if pupils were required to

21    cross the  roadway  HIGHWAY.

22         (e) The distance of not less than 200 feet required for

23    light activation by this subsection shall be measured on the

24     roadway  HIGHWAY or private road on which the stop
             is made for

25    receiving or discharging pupils.

26         (3)  Passengers  PUPILS crossing the road upon
             being

27    discharged from a school bus shall cross in front of the stopped



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 1    school bus.  If a school district authorizes its school bus

 2    drivers to signal pupils to cross in front of the stopped school

 3    bus, the signal shall be uniform throughout the school district.

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

 5    the purpose of receiving or discharging pupils in the following

 6    instances:

 7         (a) Within 200 feet of a public highway or roadway intersec-

 8    tion unless the stop is approved by the school administrator or

 9     board approved contractor  ENTITY UNDER CONTRACT
             WITH A SCHOOL

10    TO PROVIDE PUPIL TRANSPORTATION SERVICES.

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

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

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

14    divided sections so constructed as to impede vehicular traffic if

15    the pupils are required to cross the highway or roadway.

16         (c) Upon a highway or roadway constructed or  designed
             

17    MARKED to permit 3 or more separate lanes of vehicular traffic in

18    either direction if the pupils are required to cross the highway

19    or roadway.

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

21    flashing OVERHEAD red  stopping  lights shall not
             stop the bus ON

22    ANY HIGHWAY OR ROADWAY for the purpose of receiving or discharg-

23    ing pupils  in  UNDER the following 
             instances  CONDITIONS:

24         (a)  Unless  IF THE LAWFUL SPEED LIMIT IS MORE
             THAN 35 MILES

25    PER HOUR AND the STOPPED bus is NOT clearly and continuously vis-

26    ible  in its stopped position  to approaching
             vehicles on that

27    highway or roadway for  not less than  AT LEAST 400
             feet.  WHEN



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 1    THE DISTANCE FROM THE STOPPED BUS TO THE END OF THE HIGHWAY OR

 2    ROADWAY IS LESS THAN 400 FEET, CLEAR AND CONTINUOUS VISIBILITY

 3    MUST BE AVAILABLE FROM THE BUS TO THE END OF THE HIGHWAY OR

 4    ROADWAY.

 5         (B) IF THE LAWFUL SPEED LIMIT IS 35 MILES PER HOUR OR LESS

 6    AND THE STOPPED BUS IS NOT CLEARLY AND CONTINUOUSLY VISIBLE TO

 7    APPROACHING VEHICLES ON THAT HIGHWAY OR ROADWAY, FOR AT LEAST 200

 8    FEET.  WHEN THE DISTANCE FROM THE STOPPED BUS TO THE END OF THE

 9    HIGHWAY OR ROADWAY IS LESS THAN 200 FEET, CLEAR AND CONTINUOUS

10    VISIBILITY MUST BE AVAILABLE FROM THE BUS TO THE END OF THE HIGH-

11    WAY OR ROADWAY.

12         (C)  (b)  Within 50 feet of an intersection if
             the intersec-

13    tion is controlled by a traffic stop and go signal.

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

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

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

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

18    if any.  If a school uses school bus drivers for this instruc-

19    tion, the state board may reimburse the school for this

20    training.

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

22    highway or roadway" does not include crossing the  road
              HIGHWAY

23    OR ROADWAY with the assistance of a traffic control signal, or

24    with the assistance of a SCHOOL crossing guard as defined in

25    section 57b of the Michigan vehicle code,  Act No. 300 of
             the

26     Public Acts of 1949, being section 257.57b of the Michigan





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 1    Compiled Laws  1949 PA 300, MCL 257.57B, and
             applies only to the

 2     road  HIGHWAY OR ROADWAY on which the stop is
             being made.




















































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