Bill Text: NJ A2325 | 2022-2023 | Regular Session | Introduced
Bill Title: Requires MVC to conduct unscheduled school bus inspections.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-02-07 - Introduced, Referred to Assembly Transportation and Independent Authorities Committee [A2325 Detail]
Download: New_Jersey-2022-A2325-Introduced.html
Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Requires MVC to conduct unscheduled school bus inspections.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning school bus inspections and amending P.L.1999, c.5.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1999, c.5 (C.39:3B-20) is amended to read as follows:
3. As used in [this act] the "School Bus Enhanced Safety Inspection Act," P.L.1999, c.5 (C.39:3B-18 et seq.):
["Director" means the Director of the Division of Motor Vehicles in the Department of Transportation] "Chief Administrator" means the Chief Administrator of the New Jersey Motor Vehicle Commission;
["Division" means the Division of Motor Vehicles in the Department of Transportation] "Commission" means the New Jersey Motor Vehicle Commission;
"In-terminal inspection" means an inspection conducted by the [Division of Motor Vehicles] New Jersey Motor Vehicle Commission at the operator's terminal of any motor vehicle required to meet the safety regulations for school buses adopted [by the Department of Transportation] pursuant to [R.S.39:3B-5] section 6 of P.L.1965, c.119 (C.39:3B-5) and section 1 of P.L.1986, c.92 [(C.18A:3B-5.4)] (C.39:3B-5.4) and vehicle emissions standards established for engine type pursuant to R.S.39:8-2 and section 3 of P.L.1995, c.157 (C.39:8-61);
"Operator" means the owner or person responsible for the day to day operation and maintenance of school buses;
"School bus" means all Type I and Type II school buses as defined in R.S.39:1-1 and school buses retired pursuant to section 1 of P.L.1986, c.92 (C.39:3B-5.4), under the jurisdiction of the [division] commission.
(cf: P.L.1999, c.5. s.3)
2. Section 4 of P.L.1999, c.5 (C.39:3B-21) is amended to read as follows:
4. a. The chief administrator shall establish a school bus enhanced safety inspection program which shall include, but not be limited to, the following elements:
(1) (a) an in-terminal school bus inspection program which provides for the semi-annual or annual inspection of school buses by commission inspectors; and
(b) an unscheduled school bus inspection program which provides for the unannounced inspection of school buses by commission inspectors.
The commission shall conduct unscheduled school bus inspections as required by this section in addition to school bus inspections conducted pursuant to the in-terminal school bus inspection program. Nothing in this section shall require the commission to conduct or prohibit the commission from conducting an unscheduled school bus inspection at the facility of the school bus operator.
During the first calendar year following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the commission shall inspect at least five percent of all school buses under the unscheduled school bus inspection program. During the second calendar year following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the commission shall inspect at least 10 percent of all school buses under the unscheduled school bus inspection program. During the third calendar year following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the commission shall inspect at least 15 percent of all school buses under the unscheduled school bus inspection program. During the fourth calendar year following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the commission shall inspect at least 20 percent of all school buses under the unscheduled school bus inspection program. During the fifth calendar year following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the commission shall inspect at least 25 percent of all school buses under the unscheduled school bus inspection program. During the sixth calendar year following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) and thereafter, the chief administrator shall determine the number of school buses that the commission shall inspect per year under the unscheduled school bus inspection program, provided that the commission shall inspect at least 25 percent of all school buses under the unscheduled school bus inspection program;
(2) standards and requirements pertaining to the equipment, maintenance, and repair of school buses subject to inspection pursuant to [this act] the "School Bus Enhanced Safety Inspection Act," P.L.1999, c.5 (C.39:3B-18 et seq.); all in-terminal and unscheduled inspections, including those involving diesel vehicles, shall include an emission inspection to determine whether that vehicle meets the State's emission specifications and standards;
(3) standards and requirements pertaining to the establishment and maintenance of school bus maintenance, repair, and inspection records for all school buses in the operator's fleet; and
(4) standards and requirements pertaining to the establishment and maintenance of driver employment records, including records which demonstrate a driver's compliance with all statutory and regulatory requirements for authorization to operate a school bus, and any other records and credentials deemed necessary by the chief administrator for school bus drivers employed by the operator. The records shall be made available to commission inspectors during each in-terminal inspection and unscheduled school bus inspection.
b. If an operator does not have adequate terminal facilities to allow for a proper and thorough in-terminal inspection, the chief administrator shall designate an in-lieu-of terminal site and direct the operator to present [his] the operator's buses and records to that site for inspection on such terms and conditions as determined by the chief administrator.
c. The time and location of any inspection or reinspection conducted pursuant to this section shall be determined by the chief administrator. Unless an owner agrees to a different time schedule, the chief administrator shall schedule a reinspection within three days of the date of the inspection that necessitated the reinspection.
(cf: P.L.2009, c.331, s.3)
3. Section 5 of P.L.1999, c.5 (C.39:3B-22) is amended to read as follows:
5. a. Any operator who violates the standards for driver employment records established pursuant to subsection a. of section 4 of [this act] P.L.1999, c.5 (C.39:3B-21), or who fails to retain proper records for inspection as required, or who fails to make available any record or document required at the time of inspection, or who falsifies any record, or who fails to present or otherwise make available any school bus or buses due for inspection, whether scheduled or unscheduled, as requested by an examiner, unless notification of the intent to withhold a bus or buses from an examiner is made in writing at least 24 hours prior to the [scheduled] time of inspection, shall be fined [not less than $50 and not more than $500 per violation,] in accordance with a schedule of fines to be established by the [director] chief administrator; provided that if an operator provides pupil transportation services under contract with a board of education, the fine for a first violation shall not be more than one percent of the value of the contract, the fine for a second occurrence of the same violation shall not be more than five percent of the value of the contract, and the fine for a third and any subsequent occurrence of the same violation shall not be more than 10 percent of the value of the contract. The [director] chief administrator shall waive the requirement of notice upon a showing of good cause by an operator. A bus withheld from an examiner pursuant to this section shall be inspected within 30 days of the date of the originally scheduled inspection, unless otherwise agreed by the operator and the [director] chief administrator. The operator shall be responsible for all fines.
Nothing in this subsection shall be deemed to preclude any other enforcement actions provided by law.
Nothing in this subsection shall be deemed to allow an operator to withhold a school bus from an unscheduled school bus inspection.
b. Any fine imposed pursuant to the provisions of this section may be collected, with costs, in a summary proceeding pursuant to ["the penalty enforcement law," N.J.S.2A:58-1 et seq] the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58:10 et seq.). The Superior Court or municipal court of the county or municipality in which the violation occurs or in which the operator resides or has a place of business or principal office in this State, shall have jurisdiction to enforce the provisions of ["the penalty enforcement law"] the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.) in connection with any violation of [this act] the "School Bus Enhanced Safety Inspection Act," P.L.1999, c.5 (C.39:3B-18 et seq.).
The [director] chief administrator or any duly authorized representative of the [director] chief administrator may issue a summons and complaint returnable in any court of competent jurisdiction for a violation of [this act] the "School Bus Enhanced Safety Inspection Act," P.L.1999, c.5 (C.39:3B-18 et seq.) or any rule or regulation adopted pursuant to [this act] the "School Bus Enhanced Safety Inspection Act," P.L.1999, c.5 (C.39:3B-18 et seq.). A municipal, county, or State prosecutor is authorized to assist the [director] chief administrator in the enforcement of [this act] the "School Bus Enhanced Safety Inspection Act," P.L.1999, c.5 (C.39:3B-18 et seq.). The [director] chief administrator may institute an action in the Superior Court for injunctive relief to prevent or restrain any violation of [this act] the "School Bus Enhanced Safety Inspection Act," P.L.1999, c.5 (C.39:3B-18 et seq.), or any rule or regulation adopted, or any administrative or judicial order issued, pursuant to [this act] the "School Bus Enhanced Safety Inspection Act," P.L.1999, c.5 (C.39:3B-18 et seq.).
c. Any officer charged with the enforcement of State and municipal laws is authorized to assist the [director] chief administrator or any duly authorized representative of the [director] chief administrator in the enforcement of the provisions of [this act] the "School Bus Enhanced Safety Inspection Act," P.L.1999, c.5 (C.39:3B-18 et seq.), or any rule or regulation adopted, or any administrative or judicial order issued, pursuant to [this act] the "School Bus Enhanced Safety Inspection Act," P.L.1999, c.5 (C.39:3B-18 et seq.).
(cf: P.L.1999, c.5, s.5)
4. Section 6 of P.L.1999, c.5 (C.39:3B-23) is amended to read as follows:
6. Any school bus that fails an inspection based on out-of-service criteria as established by the [director] chief administrator shall be immediately removed from service, including any school bus inspected pursuant to the unscheduled school bus inspection program that fails an inspection based on out-of-service criteria established by the chief administrator.
(cf: P.L.1999, c.5, s.6)
5. (New section) Six years after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the Chief Administrator of the New Jersey Motor Vehicle Commission shall prepare and submit a report to the Governor, and pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature detailing the results of the unscheduled school bus inspection program and providing recommendations to improve the program.
6. This act shall take effect immediately.
STATEMENT
This bill amends the "School Bus Enhanced Safety Inspection Act" to require the Chief Administrator of the New Jersey Motor Vehicle Commission (commission) to establish an unscheduled school bus inspection program in addition to an in-terminal school bus inspection program. Under the bill, the commission is required to conduct unannounced inspections of a certain percentage of all school buses per calendar year as follows:
· five percent of all school buses in the first calendar year;
· 10 percent of all school buses in the second calendar year;
· 15 percent of all school buses in the third calendar year;
· 20 percent of all school buses in the fourth calendar year;
· 25 percent of all school buses in the fifth calendar year; and
· an amount to be determined by the chief administrator in the sixth calendar year and thereafter, but the commission is required to inspect at least 25 percent of all school buses under the unscheduled school bus inspection program in the sixth calendar year and thereafter.
The commission is not required to conduct or prohibited from conducting unscheduled school bus inspections at the facility of the school bus operator. Under the bill, certain records are to be made available to commission inspectors during each unscheduled school bus inspection, in addition to each in-terminal inspection, and an unscheduled inspection is to include an emissions inspection.
The bill changes the fine for certain violations under the "School Bus Enhanced Safety Inspection Act" from a fine of not less than $50 or more than $500 per violation to an amount to be determined by the chief administrator. The bill also provides that if a school bus operator provides pupil transportation services under contract with a board of education, the fine for a first violation is to be not more than one percent of the value of the contract, the fine for a second occurrence of the same violation is to be not more than five percent of the value of the contract, and the fine for a third and any subsequent occurrence of the same violation is to be not more than 10 percent of the value of the contract.
The bill clarifies that an operator is prohibited from withholding a school bus from an unscheduled inspection and provides that a school bus that is inspected pursuant to the unscheduled school bus inspection program that fails the inspection based on out-of-service criteria is to be immediately removed from service.
The bill requires the chief administrator to prepare and submit a report to the Governor and Legislature six years after the effective date of the bill. The report is to detail the results of the unscheduled school bus inspection program and provide recommendations to improve the program.
