December 8, 2009, Introduced by Senator KUIPERS and referred to the Committee on Education.
A bill to amend 1990 PA 187, entitled
"The pupil transportation act,"
by amending sections 7, 39, 41, 43, and 70 (MCL 257.1807, 257.1839,
257.1841, 257.1843, and 257.1870), sections 7 and 39 as amended by
2006 PA 107 and sections 41, 43, and 70 as amended by 2006 PA 108.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 7. (1) "School bus" means a motor vehicle with a
manufacturer's rated seating capacity of 11 or more passengers,
including the driver, used for the transportation of preprimary,
primary, or secondary school pupils to or from school or school-
related events or a multifunction school activity bus manufactured
after September 2, 2003 as defined in 49 CFR 571.3, 49 CFR 571.108,
and 49 CFR 571.131. School bus includes a motor vehicle with a
manufacturer's rated seating capacity of 11 or more passengers
including the driver, used for any transportation of any school
pupils in this state if the event to which the pupils are being
transported is approved by the administration or school board of a
district. School bus does not include a vehicle operated by a
public transit agency or authority. A vehicle that is not a school
bus is not subject to this act. For the purposes of this act, a
parent, or legal guardian transporting his or her child or another
child with written permission of the other child's parent or legal
guardian on a school-related event is not subject to this act.
(2) "Type I school bus" means a school bus with a gross
vehicle weight rating of more than 10,000 pounds.
(3) "Type II school bus" means a school bus with a gross
vehicle rating of 10,000 pounds or less.
Sec.
39. (1) The department of state police shall inspect each
at
least 25% of school bus buses 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 education shall publish the results of the
inspections annually. The department of state police may delegate
the
inspection of school buses to publicly employed certified
school bus inspectors employed or contracted by the school district
if the inspection complies with this section. The department of
state police shall develop training programs for inspectors
employed or contracted by the district and provide certification
upon successful completion of the program. The department of state
police shall publish a uniform inspector manual and an inspection
form to be used by all certified school bus inspectors.
(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 or the school district, whichever
is applicable, considers necessary to secure passenger safety. A
school
bus may be rejected by the inspecting state police official
certified school bus 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 certified
school bus
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 the applicable certified school bus
inspector 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 the applicable
certified school bus inspector as requiring inspection before
restarting pupil transportation. An entity is considered to have
identified itself by notifying a person of the department of state
police or the applicable certified school bus inspector responsible
for conducting inspections under this act.
(5) When an inspection is scheduled by the department of state
police or the applicable certified school bus inspector, an entity
shall identify to the state police or the certified school bus
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 the applicable certified
school bus inspector 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 under
this section 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 the applicable
certified school bus inspector all of the contractors the school is
using upon request.
(8) A certified school bus inspector employed or contracted by
the school district shall attend a training program at least every
2 years. A school bus inspector employed or contracted by the
school district shall hold an ASE medium/heavy truck preventative
maintenance certification. The department of state police shall
maintain a list of all certified school bus inspectors employed by
the school district. The department of state police shall audit
annually all inspection forms completed by certified school bus
inspectors employed by the school district.
(9) All schools shall inspect all school buses in this state
at least 2 times each year. One inspection shall be conducted
between January 1 and June 30 of each calendar year, and the other
inspection shall be conducted between July 1 and December 31 each
calendar year. All schools shall register each school bus with the
department. Schools shall also register school buses that are not
currently used and that are extracurricular.
(10) As used in this act, "certified school bus inspector"
means an inspector who has attended and successfully completed or
continued the training program requirements listed in subsection
(8).
Sec.
41. (1) A school bus may be rejected by the inspecting
state
official certified school bus
inspector for use in
transporting passengers if it does not meet the requirements of
this
act and the rules promulgated pursuant to under this act.
(2) A vehicle that is determined by a state police official or
the applicable certified school bus inspector 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 or the applicable certified school bus inspector, 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 official or the applicable certified school bus inspector
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 official or the applicable
certified school bus inspector 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 official or the applicable certified
school bus inspector 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 official or the
applicable certified school bus inspector 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 or the
applicable certified school bus inspector.
Sec. 43. The department of state police or the applicable
certified school bus inspector shall inspect a new school bus
before a school accepts delivery. The department of state police or
the applicable certified school bus inspector shall 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 employed or contracted by the school
district 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 the applicable certified school bus inspector under this
subsection and title to the school bus has been obtained by the
school in compliance with this act.
Sec. 70. (1) The department of education shall establish an
advisory committee to advise the department on issues and topics
concerning school buses and school bus safety. The advisory
committee shall consist of a member from each of the following
departments or organizations:
(a) The department.
(b) The department of state police.
(c) The state transportation department.
(d) The department of state.
(e) The Michigan association for pupil transportation.
(f) The Michigan association of school business officials.
(g) The Michigan association of school administrators.
(h) The training agency association of Michigan.
(i) A member representing nonpublic schools.
(j) The Michigan education association.
(k) The Michigan association of school boards.
(l) Other organizations representing school bus drivers as the
department considers appropriate.
(m) Any other organizations or groups the department considers
necessary.
(2) The advisory committee shall include members representing
bus drivers and supervisors in rural areas, suburban areas, and
cities
in the Lower and Upper Peninsula Peninsulas.
(3) The advisory committee shall assist the department in the
development of continuing education courses for school bus drivers
and supervisors, any modifications to the introductory school bus
safety course, the program to evaluate driving skills and on-road
procedural performance skills of each school bus driver, and the
minimum threshold for a required safety evaluation, which may
include, but is not limited to, number of points on a driving
record, operating impaired or under the influence of alcohol, at-
fault accidents, or violations of safety procedures, for requiring
drivers to take the on-road driver skills test.
(4) The advisory committee shall assist the department in
updating physical examination requirements as necessary to comply
with changes in federal and state law or rules.
(5) The advisory committee shall select members for a school
bus inspection standard task force. The task force shall set and
review standards for school bus inspections.