HB-5494, As Passed Senate, March 7, 2006

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5494

      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, and 39 (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, and 257.1839), sections

5, 7, 10, and 10a as amended by 2000 PA 49, section 23 as amended

by 1990 PA 322, and section 33 as amended by 2001 PA 130; 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

 1  prescribe the qualifications of school bus  and pupil

 2  transportation vehicle  drivers; to prescribe the powers and

 3  duties of certain state and local governmental agencies; to

 4  create an advisory committee and to prescribe its powers and

 5  duties; and to prescribe remedies and penalties.

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

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

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

 9  (1)  (2)  "Motor bus" and "motor carrier of passengers" mean

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

11  transportation act, 1982 PA 432, MCL 474.103.

12  (2)  (3)  "Nonpublic school" means  a private school, a

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

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

15  1976 PA 451, MCL 380.5.

16        (3)  (4)  "Public school" means  a local school district, a

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

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

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

20  1976 PA 451, MCL 380.5.

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

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

23  11 or more passengers, including the driver, that is used to

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

25  Pupil transportation vehicle does not include a vehicle operated

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

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

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

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

 3  4 years old and has accumulated at least 100,000 miles, or is 7

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

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

 6  state police inspection requirements including but not limited

 7  to:

 8        (a) Engine overhaul of short block.

 9        (b) New tires on the front axle.

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

11        (d) New brake linings and drums.

12        (e) New hydraulic brake lines.

13        (f) New front and rear springs.

14        (g) New paint in the interior.

15        (h) New exhaust system.

16  (4)  (7)  "Rule" means a rule promulgated pursuant to the

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

18  24.328.

19  (5)  (8)  "School" means either a public school or a

20  nonpublic school, or both.

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

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

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

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

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

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

27  or agreement with a school  or a multifunction school activity

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

 2  571.3, 49 CFR 571.108, and 49 CFR 571.131. School bus does not

 3  include a vehicle operated by a public transit agency or

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

 5  transportation department unless the vehicle is used exclusively

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

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

 8  elementary school pupils along the route are required to cross

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

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

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

12  guardian transporting his or her child or another child with

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

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

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

16  this act.

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

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

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

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

21  events. School transportation vehicle does not include a vehicle

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

23  from school or school-related events.

24  (2)  (3)  "Type I school bus" means a school bus with a

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

26  (3)  (4)  "Type II school bus" means a school bus with a

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

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

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

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

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

 5  the average cost of a school bus meeting state minimum

 6  specifications of the same capacity purchased during the same

 7  year.

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

 9  transportation. The state board or its authorized representative

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

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

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

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

14  The  state board  superintendent of public instruction shall

15  promulgate rules as necessary to implement this act except that

16  the department of state police, in cooperation with the  state

17  board  superintendent of public instruction,  shall may

18  promulgate rules  for safety specifications and operational

19  procedures for school buses and pupil transportation vehicles

20  related to vehicle and equipment standards.

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

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

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

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

25  events shall meet or exceed the federal motor vehicle safety

26  standards applicable to the construction and sale of that

27  vehicle  school bus and for all seating positions in that

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

 2  with disabilities in mobile seating devices in accordance with

 3  federal standards specifically applicable to such pupils, their

 4  wheelchairs, and related wheelchair securement and occupant

 5  protection systems.

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

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

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

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

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

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

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

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

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

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

16  protection federal motor vehicle safety standards applicable to

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

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

19  for which there are no applicable passenger protection federal

20  motor vehicle safety standards. This subsection applies to

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

22  1, 1993.

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

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

25  events under contract with the school are exempt from the

26  requirements of this section.

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

 1  vehicle operated by a carrier certificated by the state

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

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

 4  described in section 7(1).

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

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

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

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

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

10  A motor carrier certified by the state transportation department

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

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

13  that amended this section, the department of education may

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

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

16  authorization shall be in writing and shall include conditions or

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

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

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

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

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

22  complies with the applicable federal motor vehicle safety

23  standards shall comply with the requirements of this act.

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

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

26  provided otherwise.

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

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

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

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

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

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

 6  surface to ceiling.

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

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

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

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

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

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

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

14  inch smooth rubber or an equivalent as determined by the

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

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

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

18  continue to the stepwell. Metal longitudinal strips shall be

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

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

21  the engine compartment shall be fitted with gaskets which

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

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

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

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

26  attached.  Plywood floors are optional.

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

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

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

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

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

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

 6  other nonslip surface.

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

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

 9  central rear emergency door shall be equipped with approved

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

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

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

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

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

15  meets all of the following criteria:

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

17        (ii) The device is tamper resistant.

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

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

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

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

22  police.

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

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

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

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

27  door shall have a 3-point latch.

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

 2  comparable nonsettling, nonabsorbent insulation.

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

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

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

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

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

 8  2 12-volt batteries, or 2 6-volt batteries. There shall not be an

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

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

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

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

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

14  protects all occupants against injury resulting from falling or

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

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

17  compliance with this subsection, provided they do not impede

18  access to any exit.

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

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

21  to radio speakers for 2-way communication devices.

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

23  windshield wipers and 2 windshield washers. A washer reservoir

24  shall be 70 ounces or more.

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

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

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

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

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

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

 4  571.103 and 571.104.

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

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

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

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

 9  front of and beside the vehicle located inside a continuously

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

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

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

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

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

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

16  the visibility and equipment requirements of 49 CFR 571.111.

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

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

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

20  framed that provides a clear and reasonably unobstructed view to

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

22  shall have rounded corners and padded edges.  Interior mirrors

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

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

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

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

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

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

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

 3  an accident.

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

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

 6  transportation vehicle.

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

 8  2A-10BC dry chemical fire extinguisher, or its equivalent,  that

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

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

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

12  compartment and shall be in satisfactory operating condition at

13  all times.

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

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

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

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

18  following:

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

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

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

22 pads, 2-inch ............................... 2 packages.

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

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

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

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

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

 1        Antiseptics and burn ointments shall not be included, except

 2  as required by the state transportation department.

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

 4  be equipped with 3 bidirectional emergency reflective triangles

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

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

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

 8  compartment. Fusees and reflectors shall comply with the

 9  standards set forth in this act and the rules promulgated

10  pursuant to this act.

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

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

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

14  the test requirements of American national standards institute

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

16  glass, except that front windshields shall be equipped with

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

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

19  plastic panes are installed.

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

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

22  substantially to prevent shattering and flying of the glass when

23  struck or broken.

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

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

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

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

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

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

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

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

 5  a rate in excess of 1 ounce per minute.

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

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

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

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

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

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

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

13  more of the following conditions exist:

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

15  boarding or discharging 

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

17  discharged.

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

19  after  before sunrise.  , or where 

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

21  bus.

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

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

24  school bus chrome yellow.

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

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

27  provided by the manufacturer.

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

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

 3  chrome yellow.

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

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

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

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

 8  of the school district or contractor shall be permanently affixed

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

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

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

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

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

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

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

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

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

18  route. A unique identification number may be permanently affixed

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

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

21  manner required by 49 CFR parts 390 to 399.

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

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

24  vehicle safety standards found in 49 CFR 571.217.

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

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

27  above the side windows.

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

 2  agricultural workers to and from a field for agricultural

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

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

 5  subsection (1).

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

 7  activity buses.

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

 9  by the state transportation department using a motor bus for

10  school-related event transportation.

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

12  each school bus  and pupil transportation vehicle  annually, and

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

14  determines necessary where school bus  or pupil transportation

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

16  or pupil transportation vehicle  meets the requirements of this

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

18  department of state police may delegate the inspection of school

19  buses to publicly employed inspectors if the inspection complies

20  with this section.

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

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

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

24  police considers necessary to secure passenger safety. A school

25  bus  or pupil transportation vehicle  may be rejected by the

26  inspecting state police official for further use in

27  transportation of passengers if it does not meet the requirements

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

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

 3  determined to be safe for operation even though in unsatisfactory

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

 5  shall be allowed to effect a specific repair.

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

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

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

 9  transportation vehicle  which has not been inspected under this

10  section.

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

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

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

14  department of state police.

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

16  bus for pupil transportation shall identify itself to the

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

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

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

20  transportation in 1 year and restarts pupil transportation in a

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

22  police as requiring inspection before restarting pupil

23  transportation. An entity is considered to have identified itself

24  by notifying a person of the department of state police

25  responsible for conducting inspections under this act.

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

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

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

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

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

 4  sticker affixed pursuant to section 41.

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

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

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

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

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

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

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

12  by the department of state police and have passed that

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

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

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

16  provision of the contract will result in revocation of the

17  contract. The contract shall specify that the contractor shall

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

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

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

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

22  is using upon request.

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

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

25  257.1852, and 257.1863, are repealed.

26        Enacting section 2. This amendatory act does not take effect

27  unless Senate Bill No. 932 of the 93rd Legislature is enacted

    House Bill No. 5494 as amended March 2, 2006

 1  into law.

          <<Enacting section 3. This amendatory act takes effect August 15,

    2006.>>