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HF 1304

as introduced - 88th Legislature (2013 - 2014) Posted on 03/06/2013 03:06pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to transportation; amending regulations governing school bus use for
special events; amending Minnesota Statutes 2012, sections 169.011, by adding a
subdivision; 169.443, subdivision 3; 221.132; 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 2012, 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 (1) a school,
as defined in section 120A.22, subdivision 4; (2) a charter school operated under section
124D.10; and (3) a private transportation contractor that operates 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. 2.

Minnesota Statutes 2012, 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; deleted text beginand
deleted text end

(5)new text begin when operating the bus under section 169.4475; and
new 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. 3.

new text begin [169.4475] SPECIAL EVENT SCHOOL BUS USE.
new text end

new text begin Subdivision 1. new text end

new text begin Temporary use authority. new text end

new text begin (a) A pupil transport entity that meets
the requirements of this section may operate a school bus for which the entity has paid
registration tax under section 168.013, subdivision 18, to provide transportation that is not
pupil transportation without reregistration of the bus, issuance of new plates, or payment
of additional taxes and fees under chapter 168.
new text end

new text begin (b) Except as otherwise specified in this section, a school bus operated under this
section is subject to school bus regulations under this chapter and chapter 171.
new text end

new text begin Subd. 2. new text end

new text begin Requirements. new text end

new text begin A pupil transport entity may operate a school bus under
this section if:
new text end

new text begin (1) the transportation is performed under an agreement with a tax exempt entity
under section 501(c) of the Internal Revenue Code, as defined in section 289A.02,
subdivision 7, solely to transport participants in conjunction with a one-day special event
organized or substantially sponsored by the tax exempt entity;
new text end

new text begin (2) the pupil transportation entity is registered as a motor carrier of passengers
under section 221.0252;
new text end

new text begin (3) the pupil transportation entity uses a temporary vehicle identification card under
section 221.132 for the school bus;
new text end

new text begin (4) the school bus is identified by a sign located high on the outside front and rear
of the bus that does not include the word "School" and reads "Special Event Bus" in
letters at least eight inches high; and
new text end

new text begin (5) the operator of a school bus under this section holds a commercial driver's license
with mandated endorsements, as required under section 171.02, subdivision 2.
new text end

new text begin Subd. 3. new text end

new text begin School bus equipment. new text end

new text begin Notwithstanding section 169.448, subdivision 1, a
school bus operated under this section may:
new text end

new text begin (1) be painted national school bus glossy yellow; and
new text end

new text begin (2) be equipped with a stop-signal arm, prewarning flashing amber signals, and
flashing red signals.
new text end

Sec. 4.

Minnesota Statutes 2012, section 221.132, is amended to read:


221.132 deleted text beginPREPAIDdeleted text end TEMPORARY VEHICLE deleted text beginIDENTIFICATION CARDdeleted text endnew text begin USEnew text end.

new text begin Subdivision 1. new text end

new text begin Temporary vehicle identification card. new text end

new text begin(a) new text endFor special or
extraordinary events, the commissioner may issue a prepaid temporary vehicle
identification card to a permit or certificate holder subject to section 221.131, subdivision
2
or 3, for a fee of $5 per card. The card must be preprinted by the commissioner with
the carrier's name, address, and permit or certificate number. The card may be used by
the motor carrier to whom it is issued to identify a vehicle temporarily added to its fleet,
if the vehiclenew text begin:
new text end

new text begin (1)new text end has evidence of being inspected under section 221.0252, subdivision 3, paragraph
(a), clause (2), or under Code of Federal Regulations, title 49, section 396.17 or 396.23,
paragraph (b)(1), which are incorporated by reference, within the previous 12 monthsdeleted text begin, ordeleted text endnew text begin;
new text end

new text begin (2) new text end has a current Commercial Vehicle Safety Alliance decalnew text begin; or
new text end

new text begin (3) is a school bus operated for a special event under section 169.4475, and the bus
has evidence of being inspected under section 169.451
new text end.

new text begin (b) new text end The card must be executed by the motor carrier by dating and signing the card
and describing the vehicle in which it will be carried. The identification card is valid for
a period of ten days from the date the motor carrier places on the card when the card
is executed. The card must be used within one year from the date of issuance by the
commissioner. The card may not be used if the permit or certificate is not in full force
and effect. The card may not be transferred. The commissioner may not refund the cost
of unused prepaid temporary vehicle identification cards.

new text begin Subd. 2. new text end

new text begin Special event school bus; regulations. new text end

new text begin A school bus for which a
temporary vehicle identification card is issued under subdivision 1, paragraph (a), clause
(3), is not subject to the provisions of this chapter governing motor carriers of passengers,
except for this section and section 221.131.
new text end