January 13, 2010, Introduced by Rep. LeBlanc and referred to the Committee on Appropriations.
A bill to amend 1990 PA 187, entitled
"The pupil transportation act,"
by amending sections 39, 41, and 43 (MCL 257.1839, 257.1841, and
257.1843), section 39 as amended by 2006 PA 107 and sections 41 and
43 as amended by 2006 PA 108.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
39. (1) The department of state police shall may inspect
each school bus annually, and as the department of state police
determines necessary where school bus defects have been found, to
determine if the school bus meets the requirements of this act and
the rules promulgated pursuant to this act. The department of state
police may delegate the inspection of school buses to publicly
employed inspectors if the inspection complies with this section.
(2) Inspection of a school bus may be accomplished at any
time, at any location, on or off a school site, and as frequently
as the department of state police considers necessary to secure
passenger
safety. A school bus may be rejected by the inspecting
state
police official inspector for further use in transportation
of passengers if it does not meet the requirements of this act and
the
rules promulgated pursuant to under
this act. However, if a
school bus is determined to be safe for operation even though in
unsatisfactory
condition, the official inspector
may determine that
not more than 60 days shall be allowed to effect a specific repair.
(3) A person, school, or school bus owner shall not operate or
permit
to be operated a school bus which has not been inspected.
under
this section.
(4) Any public or private entity that owns or uses a school
bus for pupil transportation shall identify itself to the
department of state police or other inspecting organization so an
inspection can be scheduled. If an entity has had school buses
inspected in the previous year, it is considered to have identified
itself. If an entity stops pupil transportation in 1 year and
restarts pupil transportation in a later year, it must identify
itself to the department of state police or other inspecting
organization as requiring inspection before restarting pupil
transportation. An entity is considered to have identified itself
by
notifying a person of from
the department of state police or
other inspecting organization responsible for conducting
inspections under this act.
(5)
When an inspection is scheduled, by the department of
state
police, an entity shall identify to
the state police
inspector all of the school buses that it intends to use for pupil
transportation in that school year. Any school bus that is not
submitted for inspection shall be rejected and have a red sticker
affixed pursuant to section 41.
(6) The department of state police or other inspecting
organization may prohibit the placement and use of any device or
equipment on a school bus that presents a safety hazard to the
pupils, driver, or motorists during the loading, unloading, or
transportation of pupils.
(7) A school, before establishing a contract with a company
for school bus services, shall require the company to verify in
writing that the buses used by the contractor have been inspected
by
the department of state police and
have passed that inspection.
The school shall specify in a written contract that the contractor
will not use any school buses that have not been inspected or have
failed inspection, and that a violation of this provision of the
contract will result in revocation of the contract. The contract
shall specify that the contractor shall submit, in writing, the
inspection results of its entire fleet of buses to the school
within
30 days of the completion of the department of state police
inspection. A school shall identify to the department of state
police or other inspecting organization all of the contractors the
school is using upon request.
Sec. 41. (1) A school bus may be rejected by the inspecting
state official for use in transporting passengers if it does not
meet the requirements of this act and the rules promulgated
pursuant to this act.
(2)
A vehicle that is determined by a state police official to
be unsafe for further operation as a school bus shall not be used.
An
unsafe vehicle shall have affixed to its windshield ,
by the
state
police official, a red sticker
which shall read as follows:
"This vehicle may not be driven. Utilization of this vehicle is in
violation
of law. {reverse side} Do not remove without State Police
authorization." The sticker shall remain until the condition is
corrected. A school bus may be transported to a maintenance
facility for repair if the school bus driver provides written proof
of
destination to a state police an
inspecting official upon
request.
(3) A school bus that is considered to be in unsatisfactory
condition, but that is safe for operation, shall have affixed to
its
windshield by the state police inspecting
official a yellow
sticker which shall read as follows: "This vehicle has equipment
defects. {reverse side} Repairs and reinspection shall be obtained
on
or before _____. Do not remove without State Police
authorization." If, upon reinspection, the vehicle defect has not
been
repaired, replaced, or corrected, the state police inspecting
official shall remove the yellow sticker and affix a red sticker to
the vehicle. Exceptions may be made when the necessary parts or
equipment has been ordered but not received at the time of
reinspection. Reinspection may take place within 60 days after the
original inspection.
(4) A school bus that is considered to be in satisfactory
condition
after inspection by a state police an inspecting official
shall have a Michigan vehicle inspection passing sticker affixed to
its windshield. The owner of a school bus shall remove or destroy
the pass sticker before selling the school bus. The display of a
pass sticker on a vehicle other than a school bus is a state civil
infraction.
All stickers are the property of the department of
state
police.
Sec.
43. The department of state police shall may inspect a
new school bus before a school accepts delivery. The department of
state
police shall may determine whether the new vehicle is
acceptable for delivery. The department of state police may
delegate the inspection of new school buses to publicly employed
inspectors if the inspection complies with this subsection. A
school shall not accept delivery of a new school bus unless the new
vehicle has been inspected and passed by the department of state
police or other inspecting official under this subsection and title
to the school bus has been obtained by the school in compliance
with this act.