August 24, 2011, Introduced by Senators WALKER, BOOHER, CASPERSON, KOWALL, EMMONS, HANSEN, BRANDENBURG, COLBECK and MOOLENAAR and referred to the Committee on Transportation.
A bill to amend 1990 PA 187, entitled
"The pupil transportation act,"
by amending sections 5, 31, and 55 (MCL 257.1805, 257.1831, and
257.1855), sections 5 and 31 as amended by 2006 PA 107 and section
55 as amended by 2006 PA 320.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5. (1) "Motor bus" and "motor carrier of passengers" mean
those terms as defined in section 3 of the motor bus transportation
act, 1982 PA 432, MCL 474.103.
(2) "Nonpublic school" means that term as defined in section 5
of the revised school code, 1976 PA 451, MCL 380.5.
(3) "Public school" means that term as defined in section 5 of
the revised school code, 1976 PA 451, MCL 380.5.
(4) "Public transit bus" means a bus used to transport pupils
to or from school, which bus is operated by a public transit agency
operating under any of the following:
(a) A county, city, township, or village as provided by law,
or other authority incorporated under 1963 PA 55, MCL 124.351 to
124.359.
(b) An authority incorporated under the metropolitan
transportation authorities act of 1967, 1967 PA 204, MCL 124.401 to
124.426, or that operates a transportation service according to an
interlocal agreement under the urban cooperation act of 1967, 1967
(Ex Sess) PA 7, MCL 124.501 to 124.512.
(c) A contract entered into according to 1967 (Ex Sess) PA 8,
MCL 124.531 to 124.536, or 1951 PA 35, MCL 124.1 to 124.13.
(d) An authority incorporated under the public transportation
authority act, 1986 PA 196, MCL 124.451 to 124.479, or a nonprofit
corporation organized under the nonprofit corporation act, 1982 PA
162, MCL 450.2101 to 450.3192, that provides transportation
services.
(e) An authority financing public improvements to
transportation systems under the revenue bond act of 1933, 1933 PA
94, MCL 141.101 to 141.140.
(5) (4)
"Rule" means a rule
promulgated pursuant to the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
(6) (5)
"School" means either a
public school or a nonpublic
school, or both.
Sec. 31. A school bus or public transit bus may be equipped
with a flashing, oscillating, or rotating light mounted on the roof
of
the bus approximately 6 feet from the rear of the vehicle which
that displays a white light to the front, side, and rear of the
bus. If a school bus or public transit bus is equipped with such a
light, there is no requirement that a driver use it. The light
shall not be actuated by the driver unless 1 or more of the
following conditions exist:
(a) Inclement weather such as fog, rain, or snow.
(b) When passengers are boarding or being discharged.
(c) From 1/2 hour after sunset until 1/2 hour before sunrise.
(d) Where conditions hinder the visibility of the school bus.
Sec. 55. (1) A school bus driver or public transit bus driver
shall actuate alternately flashing lights only when the school bus
or public transit bus is stopped or stopping on a highway or
private road for the purpose of receiving or discharging pupils in
the manner provided in this act. A school bus driver or public
transit driver shall not actuate the alternately flashing lights
when operating on a public highway or private road and transporting
passengers primarily other than school pupils.
(2) The driver of a school bus or public transit bus while
operating upon the public highways or private roadways open to the
public shall receive or discharge pupils from the bus in the
following manner:
(a) If pupils are required to cross the roadway, the driver of
a school bus or public transit bus equipped with only the
alternately flashing overhead red lights in accordance with section
17 shall activate the alternately flashing overhead red lights not
less than 200 feet before the stop, stop the school bus or public
transit bus on the roadway or private road to provide for the
safety of the pupils being boarded or discharged, and continue to
activate the alternately flashing overhead red lights while
receiving or discharging pupils. The bus shall stop in the extreme
right-hand lane when boarding or discharging pupils. Before
resuming motion, the driver shall deactivate these lights and allow
congested traffic to disperse where practicable. The deactivation
of these lights is the signal for stopped traffic to proceed.
(b) If the pupils are required to cross the roadway, the
driver of a school bus or public transit bus equipped with red and
amber alternately flashing overhead lights in accordance with
section 19 shall activate the alternately flashing overhead amber
lights not less than 200 feet before the stop, stop the bus on the
roadway or private road to provide for the safety of the pupils
being boarded or discharged, deactivate the alternately flashing
overhead amber lights, and activate the alternately flashing
overhead red lights while receiving or discharging pupils. The bus
shall stop in the extreme right-hand lane for the purpose of
boarding or discharging pupils. Before resuming motion, the driver
shall deactivate these lights and allow congested traffic to
disperse where practicable. The deactivation of these lights is the
signal for stopped traffic to proceed.
(c) If the pupils are not required to cross the roadway, the
driver of a school bus or public transit bus equipped with only the
alternately flashing overhead red lights in accordance with section
17 shall activate the alternately flashing overhead red lights not
less than 200 feet before the stop, stop the bus as far off the
roadway or private road as practicable to provide for the safety of
the pupils being boarded or discharged, and continue to activate
the alternately flashing overhead red lights while receiving or
discharging pupils. Before resuming motion, the driver shall
deactivate these lights and allow congested traffic to disperse
where practicable. The deactivation of these lights is the signal
for stopped traffic to proceed.
(d) If the pupils are not required to cross the roadway, the
driver of a school bus or public transit bus equipped with red and
amber alternately flashing overhead lights in accordance with
section 19 shall activate the alternately flashing overhead amber
lights not less than 200 feet before the stop, stop the bus as far
off the roadway or private road as practicable to provide for the
safety of the pupils being boarded or discharged, deactivate the
alternately flashing overhead amber lights, and activate the
alternately flashing overhead red lights while receiving or
discharging pupils. Before resuming motion, the driver shall
deactivate these lights and allow congested traffic to disperse
where practicable. The deactivation of these lights is the signal
for stopped traffic to proceed.
(e) If the pupils are not required to cross the roadway and
where the road has adequate width for the school bus or public
transit bus to be pulled to the far right of or off the roadway or
private road allowing traffic to flow and to provide for the safety
of pupils being boarded or discharged, the driver shall activate
the hazard warning lights before the stop and continue to display
the lights until the process of receiving or discharging passengers
has been completed if the lawful speed limit is 45 miles per hour
or less. Before resuming motion, the driver shall deactivate these
lights. The driver of a school bus or public transit bus shall only
use this procedure at stops where the school administrator or
person or entity under contract with a school to provide pupil
transportation services has approved its use. If this hazard
warning light option is not used, the driver shall use the
appropriate
procedure in subdivision (a), (b), (c) , or (d).
as if
pupils
were not required to cross the roadway.
(f) Except as provided in subdivision (e), if the pupils are
not required to cross the roadway and where the school bus or
public transit bus may be pulled off the roadway or private road or
where the road has adequate width for the school bus or public
transit bus to be pulled off to the far right of the roadway or
private road leaving the normal traffic flow unobstructed and to
provide for the safety of pupils being boarded or discharged, the
driver shall activate the hazard warning lights before the stop and
continue to display the lights until the process of receiving or
discharging passengers has been completed. Before resuming motion,
the driver shall deactivate these lights. The driver of a school
bus or public transit bus shall only use this procedure at stops
where the school administrator or entity under contract with a
school to provide pupil transportation services has approved its
use. If this hazard warning light option is not used, the driver
shall
use the appropriate procedure in subdivision (a), (b), (c) ,
or
(d). as if pupils were not required to cross the roadway.
(g) The distance of not less than 200 feet required for light
activation by this subsection shall be measured on the roadway or
private road on which the stop is made for receiving or discharging
pupils.
(3) Pupils crossing the roadway upon being discharged from a
school bus shall cross in front of the stopped school bus. If a
school district authorizes its school bus drivers to signal pupils
to cross in front of the stopped school bus, the signal shall be
uniform throughout the school district.
(4) The driver of a school bus shall not stop the bus for the
purpose of receiving or discharging pupils in the following
instances:
(a) Within 200 feet of a public or private roadway
intersection unless the stop is approved by the school
administrator or entity under contract with a school to provide
pupil transportation services.
(b) Upon a limited access highway or freeway, or upon any
other highway or roadway that has been divided into 2 roadways by
leaving an intervening space, a physical barrier, or clearly
divided sections so constructed as to impede vehicular traffic if
the pupils are required to cross the roadway.
(c) Upon a roadway constructed or marked to permit 3 or more
separate lanes of vehicular traffic in either direction if the
pupils are required to cross the roadway.
(5) The driver of a school bus when using the alternately
flashing overhead red lights shall not stop the bus on any highway
or roadway for the purpose of receiving or discharging pupils under
the following conditions:
(a) If the lawful speed limit is more than 35 miles per hour
and the stopped bus is not clearly and continuously visible to
approaching vehicles on that highway or roadway for at least 400
feet. When the distance from the stopped bus to the end of the
highway or roadway is less than 400 feet, clear and continuous
visibility must be available from the bus to the end of the highway
or roadway.
(b) If the lawful speed limit is 35 miles per hour or less and
the stopped bus is not clearly and continuously visible to
approaching vehicles on that highway or roadway, for at least 200
feet. When the distance from the stopped bus to the end of the
highway or roadway is less than 200 feet, clear and continuous
visibility must be available from the bus to the end of the highway
or roadway.
(c) Within 50 feet of an intersection if the intersection is
controlled by a traffic control signal.
(6) A school may provide instruction on proper school bus
etiquette
which that may include, but not be limited to, boarding
and leaving the bus, evacuation of the bus in an emergency, and
road crossing procedures and the correct hand signal in the
district, if any. If a school uses school bus drivers for this
instruction, the state board may reimburse the school for this
training.
(7) For the purpose of this section, "required to cross the
roadway" does not include crossing the roadway with the assistance
of a traffic control signal, or with the assistance of a school
crossing guard as defined in section 57b of the Michigan vehicle
code, 1949 PA 300, MCL 257.57b, and applies only to the roadway on
which the stop is being made.
(8) For purposes of this section, a school bus is clearly and
continuously visible if both of the following standards are
satisfied:
(a) Approaching traffic is able to see the front of a school
bus extending from the roofline to and including the headlamps at
the distances specified in subsection (5).
(b) Approaching traffic is able to see the back of a school
bus extending from the roofline to and including the tail lamps and
stop lamps at the distances specified in subsection (5).