September 20, 2006, Introduced by Senators JACOBS, BRATER and SWITALSKI and referred to the Committee on Transportation.
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 200 400
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
400 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.