HF 1009

as introduced - 88th Legislature (2013 - 2014) Posted on 02/28/2013 11:34am

A bill for an act
relating to public safety; traffic regulations; school buses; making technical
corrections to certain safety requirements; amending Minnesota Statutes 2012,
sections 169.011, subdivision 71; 169.443, subdivision 9; 169.447, subdivision
2; 169.454, subdivision 12.

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

Section 1.

Minnesota Statutes 2012, section 169.011, subdivision 71, is amended to read:

Subd. 71.

School bus.

(a) "School bus" means a motor vehicle used 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. 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 deleted text begin cars, station wagons, vans, deleted text end new text begin vehicles
new text end 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. 2.

Minnesota Statutes 2012, section 169.443, subdivision 9, is amended to read:

Subd. 9.

Personal cellular phone call prohibition.

(a) As used in this subdivision,
"school bus" has the meaning given in section 169.011, subdivision 71. In addition, the
term includes type III vehicles as defined in section 169.011, subdivision 71, when driven
by employees or agents of school districts.

(b) A school bus driver may not operate a school bus while communicating over, or
otherwise operating, a cellular phone for personal reasons, whether handheld or hands
free, when the vehicle is in motion new text begin or a part of traffic new text end .

Sec. 3.

Minnesota Statutes 2012, section 169.447, subdivision 2, is amended to read:

Subd. 2.

Driver seat belt.

School buses and Head Start buses must be equipped
with driver seat belts and seat belt assemblies of the type described in section 169.685,
subdivision 3. deleted text begin School bus drivers and Head Start bus drivers must use these seat belts. deleted text end new text begin A
properly adjusted and fastened seat belt, including both the shoulder and lap belt when the
vehicle is so equipped, shall be worn by the driver.
new text end

Sec. 4.

Minnesota Statutes 2012, section 169.454, subdivision 12, is amended to read:

Subd. 12.

Option.

deleted text begin Passenger cars and station wagons deleted text end new text begin Type III vehicles new text end may carry
fire extinguisher, first aid kit, and warning triangles in the trunk or trunk area of the vehicle,
if a label in the driver and front passenger area clearly indicates the location of these items.