HF 168

as introduced - 87th Legislature (2011 - 2012) Posted on 01/20/2011 11:07am

A bill for an act
relating to pupil transportation; providing for requirements to authorize and
regulate private carriers of pupils; making technical changes; amending
Minnesota Statutes 2010, sections 169.011, subdivision 71, by adding
subdivisions; 169.442, subdivision 1; 169.443, subdivision 3; 171.01, by adding
a subdivision; 171.321, subdivisions 4, 5; 221.031, subdivision 2; proposing
coding for new law in Minnesota Statutes, chapter 169.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 169.011, is amended by adding a
subdivision to read:

new text begin Subd. 56a. new text end

new text begin Private carrier of pupils. new text end

new text begin (a) "Private carrier of pupils" means a person
engaged in the transportation of students by motor vehicle when:
new text end

new text begin (1) the person transporting students is engaged in a business or organizational
mission other than transportation; and
new text end

new text begin (2) the transportation is within the scope of and furthers a primary business or
organizational mission, other than transportation, of that person.
new text end

new text begin (b) For purposes of this subdivision, "person" has the meaning given in section
221.012, subdivision 31.
new text end

Sec. 2.

Minnesota Statutes 2010, section 169.011, is amended by adding a subdivision
to read:

new text begin Subd. 57a. new text end

new text begin Pupil transport entity. new text end

new text begin (a) "Pupil transport entity" means:
new text end

new text begin (1) a school, as defined in section 120A.22, subdivision 4;
new text end

new text begin (2) a charter school operated under section 124D.10;
new text end

new text begin (3) a private carrier of pupils operating under an agreement with an entity identified
in clause (1) or (2); and
new text end

new text begin (4) a private contractor operating under an agreement with an entity identified in
clause (1) or (2).
new text end

new text begin (b) "Pupil transport entity" does not include a Head Start grantee or someone
operating under an agreement with a Head Start grantee.
new text end

Sec. 3.

Minnesota Statutes 2010, section 169.011, is amended by adding a subdivision
to read:

new text begin Subd. 57b. new text end

new text begin Pupil transportation. new text end

new text begin "Pupil transportation" means transportation by
a pupil transport entity:
new text end

new text begin (1) to or from a school, as defined in section 120A.22; and
new text end

new text begin (2) to or from a school-related activity.
new text end

Sec. 4.

Minnesota Statutes 2010, section 169.011, subdivision 71, is amended to read:

Subd. 71.

School bus.

(a) "School bus" means a motor vehicle used deleted text begin to transport
pupils to or from a school defined in section 120A.22, or to or from school-related
activities, by the school or a school district, or by someone under an agreement with the
school or a school district deleted text end new text begin for pupil transportation new text end . A school bus does not include a motor
vehicle transporting children to or from school for which parents or guardians receive
direct compensation from a school district, a motor coach operating under charter carrier
authority, a transit bus providing services as defined in section 174.22, subdivision 7, or a
vehicle otherwise qualifying as a type III vehicle under paragraph (h), when the vehicle
is properly registered and insured and being driven by an employee or agent of a school
district for nonscheduled or nonregular transportation.

(b) A school bus may be type A, type B, type C, or type D, multifunction school
activity bus, or type III as provided in paragraphs (c) to (h).

(c) A "type A school bus" is a van conversion or bus constructed utilizing a
cutaway front section vehicle with a left-side driver's door. This definition includes two
classifications: type A-I, with a gross vehicle weight rating (GVWR) less than or equal
to 14,500 pounds; and type A-II, with a GVWR greater than 14,500 pounds and less
than or equal to 21,500 pounds.

(d) A "type B school bus" is constructed utilizing a stripped chassis. The entrance
door is behind the front wheels. This definition includes two classifications: type B-I,
with a GVWR less than or equal to 10,000 pounds; and type B-II, with a GVWR greater
than 10,000 pounds.

(e) A "type C school bus" is constructed utilizing a chassis with a hood and front
fender assembly. The entrance door is behind the front wheels. A "type C school bus" also
includes a cutaway truck chassis or truck chassis with cab, with or without a left side door,
and with a GVWR greater than 21,500 pounds.

(f) A "type D school bus" is constructed utilizing a stripped chassis. The entrance
door is ahead of the front wheels.

(g) A "multifunction school activity bus" is a school bus that meets the definition
of a multifunction school activity bus in Code of Federal Regulations, title 49, section
571.3. A vehicle that meets the definition of a type III vehicle is not a multifunction
school activity bus.

(h) A "type III vehicle" is restricted to passenger cars, station wagons, vans, and
buses having a maximum manufacturer's rated seating capacity of ten or fewer people,
including the driver, and a gross vehicle weight rating of 10,000 pounds or less. A "type
III vehicle" must not be outwardly equipped and identified as a type A, B, C, or D school
bus or type A, B, C, or D Head Start bus. A van or bus converted to a seating capacity of
ten or fewer and placed in service on or after August 1, 1999, must have been originally
manufactured to comply with the passenger safety standards.

(i) In this subdivision, "gross vehicle weight rating" means the value specified by
the manufacturer as the loaded weight of a single vehicle.

Sec. 5.

Minnesota Statutes 2010, section 169.442, subdivision 1, is amended to read:

Subdivision 1.

Signals required.

new text begin Except as otherwise provided, new text end a type A, B, C,
or D school bus must be equipped with at least one stop-signal arm, prewarning flashing
amber signals, and flashing red signals.

Sec. 6.

Minnesota Statutes 2010, section 169.443, subdivision 3, is amended to read:

Subd. 3.

When signals not used.

School bus drivers shall not activate the
prewarning flashing amber signals or flashing red signals and shall not use the stop arm
signal:

(1) in special school bus loading areas where the bus is entirely off the traveled
portion of the roadway and where no other motor vehicle traffic is moving or is likely to
be moving within 20 feet of the bus;

(2) when directed not to do so, in writing, by the local school board;

(3) when a school bus is being used on a street or highway for purposes other
than the actual transportation of school children to or from school or a school-approved
activity, except as provided in subdivision 8;

(4) at railroad grade crossings;

new text begin (5) as provided in section 169.4475, subdivision 2; new text end and

deleted text begin (5) deleted text end new text begin (6) new text end when loading and unloading people at designated school bus stops where
people are not required to cross the street or highway, while the bus is completely off the
traveled portion of a roadway that has adequate shoulders. The driver shall drive the bus
completely off the traveled portion of this roadway before loading or unloading people. A
school bus stop is designated under this clause if the transportation director of the school
district in which the bus stop is located, in consultation with the road authority, certifies the
integrity of the shoulder and the safety of the location for loading and unloading people.
Each designated school bus stop must be documented and approved by the school board.

Sec. 7.

new text begin [169.4475] PRIVATE CARRIER OF PUPILS.
new text end

new text begin Subdivision 1. new text end

new text begin Bus identification and equipment. new text end

new text begin A school bus operated by a
private carrier of pupils:
new text end

new text begin (1) may not be equipped with a functional stop-arm or eight-light system;
new text end

new text begin (2) must be painted a color significantly different than national school bus glossy
yellow;
new text end

new text begin (3) must be identified by a sign located high on the outside front and rear of the bus
that does not include the word "School," and reads "Activities Bus" in letters at least
eight inches high; and
new text end

new text begin (4) must include the name, address, and telephone number of the transporter on each
front door of the school bus, in letters not less than three inches high.
new text end

new text begin Subd. 2. new text end

new text begin Bus operation. new text end

new text begin (a) The driver of a school bus operated by a private carrier
of pupils shall:
new text end

new text begin (1) not use the prewarning flashing amber signals or flashing red signals,
notwithstanding section 169.443, subdivision 1; and
new text end

new text begin (2) load and unload passengers only where (i) the bus is completely off the traveled
portion or shoulder of a roadway, and (ii) passengers are not required to cross a street or
highway.
new text end

new text begin (b) A private carrier of pupils may not operate:
new text end

new text begin (1) a type A-I school bus or multifunction school activity bus under the school bus
endorsement exception in section 171.02, subdivision 2a; or
new text end

new text begin (2) a type III vehicle under the school bus endorsement exception in section 171.02,
subdivision 2b.
new text end

new text begin Subd. 3. new text end

new text begin Dual authority permitted. new text end

new text begin An entity may operate as a private carrier of
pupils under the requirements of this chapter and chapter 171, and concurrently operate
as a private carrier under the requirements of chapter 221. The entity may not operate
as both a private carrier of pupils and a private carrier in the course of a specific act of
transportation. When the entity operates as a private carrier of pupils, the requirements for
a private carrier under chapter 221 do not apply. When the entity operates as a private
carrier, the requirements for a private carrier of pupils under this chapter and chapter 171
do not apply. The entity may only provide pupil transportation as a private carrier of pupils.
new text end

Sec. 8.

Minnesota Statutes 2010, section 171.01, is amended by adding a subdivision
to read:

new text begin Subd. 45a. new text end

new text begin Pupil transport entity. new text end

new text begin "Pupil transport entity" has the meaning given
in section 169.011, subdivision 57a.
new text end

Sec. 9.

Minnesota Statutes 2010, section 171.321, subdivision 4, is amended to read:

Subd. 4.

Training.

(a) No person shall drive a deleted text begin class A, B, C, or D deleted text end school bus when
transporting school children to or from school or upon a school-related trip or activity
without having demonstrated sufficient skills and knowledge to transport students in
a safe and legal manner.

(b) A bus driver must have training or experience that allows the driver to meet at
least the following competencies:

(1) safely operate the type of school bus the driver will be driving;

(2) understand student behavior, including issues relating to students with
disabilities;

(3) encourage orderly conduct of students on the bus and handle incidents of
misconduct appropriately;

(4) know and understand relevant laws, rules of the road, and local school bus
safety policies;

(5) handle emergency situations; and

(6) safely load and unload students.

(c) The commissioner of public safety shall develop a comprehensive model
school bus driver training program and model assessments for school bus driver training
competencies new text begin under paragraph (b) new text end , which are not subject to chapter 14. A deleted text begin school
district, nonpublic school, or private contractor deleted text end new text begin pupil transport entity new text end may use alternative
assessments for bus driver training competencies with the approval of the commissioner
of public safety. A driver may receive at least eight hours of school bus in-service
training any year, as an alternative to being assessed for bus driver competencies after
the initial year of being assessed for bus driver competencies. The employer shall keep
the assessment or a record of the in-service training for the current period available for
inspection by representatives of the commissioner.

(d) A deleted text begin school district, nonpublic school, or private contractor deleted text end new text begin pupil transport entity new text end
shall provide in-service training annually to each school bus driver.

Sec. 10.

Minnesota Statutes 2010, section 171.321, subdivision 5, is amended to read:

Subd. 5.

Annual evaluation and license verification.

(a) For purposes of this
section, "annually" means at least once every 380 days from the initial or previous
evaluation and at least once every 380 days from the initial or previous license verification.

(b) A deleted text begin school district, nonpublic school, or private contractor deleted text end new text begin pupil transport entity new text end
shall annually verify with the National Driver Register or with the Department of Public
Safety the validity of the driver's license of each employee who regularly transports
students deleted text begin for the district deleted text end in:

(1) a type A deleted text begin school bus, a type B school bus, a type C school bus, or type deleted text end new text begin , B, C, or new text end
D school bus;

(2) a multifunction school activity bus; or

(3) a type III vehicle.

Sec. 11.

Minnesota Statutes 2010, section 221.031, subdivision 2, is amended to read:

Subd. 2.

Private carriers; operating requirements, exemptions.

(a) This
subdivision applies to private carriers engaged in intrastate commerce new text begin , except as provided
in section 169.4475, subdivision 3 new text end .

(b) Private carriers operating vehicles with a gross vehicle weight of more than
10,000 pounds shall comply with those federal regulations incorporated by reference in:

(1) section 221.0314, subdivisions 2 to 5, for driver qualifications;

(2) section 221.0314, subdivision 9, for hours of service of drivers;

(3) section 221.0314, subdivision 6, for driving of motor vehicles;

(4) section 221.0314, subdivision 7, for parts and accessories necessary for safe
operation; and

(5) section 221.0314, subdivision 10, for inspection, repair, and maintenance.

(c) The rules for hours of service of drivers do not apply to private carriers who are
(1) public utilities as defined in section 216B.02, subdivision 4; (2) cooperative electric
associations organized under chapter 308A; (3) telephone companies as defined in section
237.01, subdivision 7; or (4) engaged in the transportation of construction materials, tools
and equipment from shop to job site or job site to job site, for use by the private carrier in
the new construction, remodeling, or repair of buildings, structures or their appurtenances.

(d) The rules for driver qualifications and hours of service of drivers do not apply to
vehicles controlled by a farmer and operated by a farmer or farm employee to transport
agricultural products, farm machinery, or supplies to or from a farm if the vehicle is
not used in the operations of a motor carrier and not carrying hazardous materials of a
type or quantity that requires the vehicle to be marked or placarded in accordance with
section 221.033.

(e) The rules for driver qualifications do not apply to a driver employed by a private
carrier while operating a lightweight vehicle.