HB-5581, As Passed House, June 14, 2006

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5581

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1990 PA 187, entitled

 

"The pupil transportation act,"

 

by amending section 55 (MCL 257.1855), as amended by 2006 PA 108.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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 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  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.  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).