SENATE BILL No. 614

 

 

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.