October 10, 2013, Introduced by Senator CASPERSON and referred to the Committee on Transportation.
A bill to amend 1990 PA 187, entitled
"The pupil transportation act,"
by amending sections 7, 10, and 10a (MCL 257.1807, 257.1810, and
257.1810a), as amended by 2006 PA 107.
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 does not include a vehicle operated
by
a public transit agency or authority
or a motor bus. A Except as
provided in section 10, 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. 10. (1) Each school bus owned or operated by a public or
private nonpublic school, an agent of a school, a private business,
or a unit of government for the transportation of pupils to or from
school or school-related events shall meet or exceed the federal
motor vehicle safety standards applicable to the construction and
sale of that school bus and for all seating positions in that
vehicle. A school or an agent of a school may transport pupils with
disabilities in mobile seating devices in accordance with federal
standards
specifically applicable to such those
pupils, their
wheelchairs, and related wheelchair securement and occupant
protection systems.
(2)
A Except as otherwise provided
in subsection (3) and
section 10a, a vehicle, other than a school bus, with a
manufacturer's rated seating capacity of 11 or more passengers,
including the driver, shall not be used to transport pupils to or
from
school or school-related events. This subsection does not
apply
to motor buses that are described in section 10a.
(3) Subsection (2) does not apply to a motor bus that is
certified by the state transportation department or a bus operated
by a public transit agency or authority that has been inspected by
the department of state police under section 715a of the Michigan
vehicle code, 1949 PA 300, MCL 257.715a. A motor bus used to
transport pupils to or from school or school-related events under
this subsection shall meet or exceed federal motor vehicle safety
standards applicable to that motor bus.
Sec. 10a. (1) A school may contract with a licensed motor
carrier of passengers for a motor bus to be used for occasional
transportation of pupils to or from school-related events. A school
shall not directly operate a motor bus for the use of pupil
transportation
to and from school or school-related events. A
Except as otherwise provided in section 10, a motor carrier of
passengers certified by the state transportation department shall
not use a motor bus to transport pupils to and from school.
(2)
Before the effective date of the amendatory act that
amended
this section, August 15,
2006, the department of education
may authorize the use of a motor bus for the regular route
transportation of pupils to or from school or home. The
authorization shall be in writing and shall include conditions or
restrictions that are necessary to safeguard the health, safety,
and welfare of the pupils. Any authorization that is entered into
before
the effective date of the amendatory act that amended this
subsection
August 15, 2006 shall remain in effect for the time it
is authorized.
(3) A motor bus built to school bus specifications that
complies with the applicable federal motor vehicle safety standards
shall comply with the requirements of this act.