DEFINE WHEN SCHOOL BUSES ARE

CLEARLY AND CONTINUOUSLY VISIBLE

House Bill 5581 (Substitute H-3)

Sponsor:  Rep. Rick Jones

Committee:  Transportation

Complete to 7-6-06

A SUMMARY OF HOUSE BILL 5581 AS REPORTED FROM COMMITTEE 6-13-06

House Bill 5581 would amend the Pupil Transportation Act to rewrite the provision that describes what it means for a school bus to be "clearly and continuously visible" in a section (Section 55) that describes the responsibilities of a school bus driver when receiving or discharging students.  A bus would be "clearly and continuously visible" if both of the following standards are satisfied:

·                    Approaching traffic is able to see the front of a school bus extending from the roofline to and including the headlamps at distances specified in the act

·                    Approaching traffic is able to see the back of the school bus extending from the roofline to and including the tail lamps and stop lamps at distances specified in the act.

Subsection 5 of Section 55 describes when a school bus driver can and cannot stop a bus on a roadway or highway to receive or discharge students.  The subsection says a driver cannot discharge or receive students if the lawful speed is more than 35 miles per hour and the stopped bus is not clearly and continuously visible to approaching vehicles for at least 400 feet.  For lower speeds, the required distance is 200 feet.

MCL 257.1855

BACKGROUND INFORMATION:

The bill rewrites the definition of "clearly and continuously visible" currently contained in the act:  if approaching traffic is able to see the entire width of the front and back of a school bus from a horizontal line tangent with the top of the vehicle's front and rear bumpers to a horizontal line tangent with the vehicle's most forward and rearward roofline for the entire 400 foot sight line to the school bus with no obstruction of the area for the entire 400 foot sight line to the school bus in its stopped position.  This language was said to be too technical.  The italized language was added to the act by Public Act 108 of 2006 (Senate Bill 932), which is not scheduled to take effect until August of 2006.  Thus, if House Bill 5581 is enacted, the italicized language will not take effect.  Public Acts 107 (House Bill 5494) and 108 of 2006 made comprehensive changes to the Pupil Transportation Act.  This bill is a follow-up to that legislation.

FISCAL IMPACT:

The bill would have no fiscal impact on the state or local units of government.

POSITIONS:

Department of State Police supports the bill. (6-13-06)

                                                                                           Legislative Analyst:   E. Best/Chris Couch

                                                                                                  Fiscal Analyst:   Jan Wisniewski

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.