1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to education; modifying certain training and 1.3 transportation requirements; amending Minnesota 1.4 Statutes 2002, sections 168.012, subdivision 10; 1.5 169.01, subdivisions 6, 75; 169.442, subdivisions 1, 1.6 5; 169.443, subdivisions 1, 2; 169.4501, subdivisions 1.7 1, 2; 169.4502, subdivision 11; 169.4503, subdivisions 1.8 5, 14, 16, 20, by adding a subdivision; Minnesota 1.9 Statutes 2003 Supplement, sections 123B.90, 1.10 subdivision 2; 171.321, subdivision 5; repealing 1.11 Minnesota Statutes 2002, sections 169.447, subdivision 1.12 6; 169.4502, subdivisions 7, 9, 13, 14; 169.4503, 1.13 subdivisions 10, 10a, 21, 25. 1.14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.15 Section 1. Minnesota Statutes 2003 Supplement, section 1.16 123B.90, subdivision 2, is amended to read: 1.17 Subd. 2. [STUDENT TRAINING.] (a) Each district must 1.18 provide public school pupils enrolled in kindergarten through 1.19 grade 10 with age-appropriate school bus safety training, as 1.20 described in this section, of the following concepts: 1.21 (1) transportation by school bus is a privilege and not a 1.22 right; 1.23 (2) district policies for student conduct and school bus 1.24 safety; 1.25 (3) appropriate conduct while on the school bus; 1.26 (4) the danger zones surrounding a school bus; 1.27 (5) procedures for safely boarding and leaving a school 1.28 bus; 1.29 (6) procedures for safe street or road crossing; and 2.1 (7) school bus evacuation. 2.2 (b) Each nonpublic school located within the district must 2.3 provide all nonpublic school pupils enrolled in kindergarten 2.4 through grade 10 who are transported by school bus at public 2.5 expense and attend school within the district's boundaries with 2.6 training as required in paragraph (a). 2.7 (c) Students enrolled in kindergarten through grade 6 who 2.8 are transported by school bus and are enrolled during the first 2.9 or second week of school must receive the school bus safety 2.10 training competencies by the end of the third week of school. 2.11 Students enrolled in grades 7 through 10 who are transported by 2.12 school bus and are enrolled during the first or second week of 2.13 school and have not previously received school bus safety 2.14 training
in kindergarten through grade 6must receive the 2.15 training or receive bus safety instructional materials by the 2.16 end of the sixth week of school. Students taking driver's 2.17 training instructional classes and other students in grades 9 2.18 and 10 must receive training in the laws and proper procedures 2.19 when operating a motor vehicle in the vicinity of a school bus. 2.20 Students enrolled in kindergarten through grade 10 who enroll in 2.21 a school after the second week of school and are transported by 2.22 school bus and have not received training in their previous 2.23 school district shall undergo school bus safety training or 2.24 receive bus safety instructional materials within four weeks of 2.25 the first day of attendance. The school transportation safety 2.26 director in each district must certify to the superintendent of 2.27 schools annually that all students transported by school bus 2.28 within the district have received the school bus safety training 2.29 according to this section. The principal or other chief 2.30 administrator of each nonpublic school must certify annually to 2.31 the school transportation safety director of the district in 2.32 which the school is located that the school's students 2.33 transported by school bus at public expense have received 2.34 training according to this section. 2.35 (d) A district and a nonpublic school with students 2.36 transported by school bus at public expense may provide 3.1 kindergarten pupils with bus safety training before the first 3.2 day of school. 3.3 (e) A district and a nonpublic school with students 3.4 transported by school bus at public expense may also provide 3.5 student safety education for bicycling and pedestrian safety, 3.6 for students enrolled in kindergarten through grade 5. 3.7 (f) A district and a nonpublic school with students 3.8 transported by school bus at public expense must make reasonable 3.9 accommodations for the school bus safety training of pupils 3.10 known to speak English as a second language and pupils with 3.11 disabilities. 3.12 (g) The district and a nonpublic school with students 3.13 transported by school bus at public expense must provide 3.14 students enrolled in kindergarten through grade 3 school bus 3.15 safety training twice during the school year. 3.16 (h) A district and a nonpublic school with students 3.17 transported by school bus at public expense must conduct a 3.18 school bus evacuation drill at least once during the school year. 3.19 Sec. 2. Minnesota Statutes 2002, section 168.012, 3.20 subdivision 10, is amended to read: 3.21 Subd. 10. [EXEMPTION DETERMINED BY USE.] If a vehicle is 3.22 used for a purpose which would make it exempt pursuant to 3.23 subdivision 1 but title is held by a seller or a vendor or is 3.24 assigned to a third party under a lease agreement or a lease 3.25 purchase agreement or installment sale permitted under section 3.26 465.71, exemption shall be determined by the use rather than the 3.27 holder of the title. 3.28 Sec. 3. Minnesota Statutes 2002, section 169.01, 3.29 subdivision 6, is amended to read: 3.30 Subd. 6. [SCHOOL BUS.] "School bus" means a motor vehicle 3.31 used to transport pupils to or from a school defined in section 3.32 120A.22, or to or from school-related activities, by the school 3.33 or a school district, or by someone under an agreement with the 3.34 school or a school district. A school bus does not include a 3.35 motor vehicle transporting children to or from school for which 3.36 parents or guardians receive direct compensation from a school 4.1 district, a motor coach operating under charter carrier 4.2 authority, a transit bus providing services as defined in 4.3 section 174.22, subdivision 7, a multifunction school activity 4.4 bus as defined by federal motor vehicle safety standards, or a 4.5 vehicle otherwise qualifying as a type III vehicle under 4.6 paragraph (5), when the vehicle is properly registered and 4.7 insured and being driven by an employee or agent of a school 4.8 district for nonscheduled or nonregular transportation. A 4.9 school bus may be type A, type B, type C, or type D, or type III 4.10 as follows: 4.11 (1) A "type A school bus" is a van conversion or bodybus 4.12 constructed upon a van-type orutilizing a cutaway front section 4.13 vehicle with a left-side driver's door , designed for carrying4.14 more than ten persons. The entrance door is behind the front 4.15 wheels. This definition includes two classifications: type 4.16 A-I, with a gross vehicle weight rating (GVWR) overless than or 4.17 equal to 10,000 pounds; and type A-II, with a GVWR ofgreater 4.18 than 10,000 pounds or less. 4.19 (2) A "type B school bus" is a conversion or body4.20 constructed and installed upon a van or front-section vehicle4.21 chassis, orutilizing a stripped chassis , with a gross vehicle4.22 weight rating of more than 10,000 pounds, designed for carrying4.23 more than ten persons. Part of the engine is beneath or behind4.24 the windshield and beside the driver's seat. The entrance door 4.25 is behind the front wheels. This definition includes two 4.26 classifications: type B-I, with a GVWR less than or equal to 4.27 10,000 pounds; and type B-II, with a GVWR greater than 10,000 4.28 pounds. 4.29 (3) A "type C school bus" is a body installed upon a flat4.30 back cowlconstructed utilizing a chassis with a gross vehicle4.31 weight rating of more than 10,000 pounds, designed for carrying4.32 more than ten persons. All of the engine is in front of the4.33 windshield andhood and front fender assembly. The entrance 4.34 door is behind the front wheels. A type C school bus has a4.35 maximum length of 45 feet.4.36 (4) A "type D school bus" is a body installed upon a5.1 constructed utilizing a stripped chassis , with the engine5.2 mounted in the front, midship or rear, with a gross vehicle5.3 weight rating of more than 10,000 pounds, designed for carrying5.4 more than ten persons. The engine may be behind the windshield5.5 and beside the driver's seat; it may be at the rear of the bus,5.6 behind the rear wheels, or midship between the front and rear5.7 axles. The entrance door is ahead of the front wheels. A type5.8 D school bus has a maximum length of 45 feet.5.9 (5) Type III school buses and type III Head Start buses are 5.10 restricted to passenger cars, station wagons, vans, and buses 5.11 having a maximum manufacturer's rated seating capacity of ten or 5.12 fewer people, including the driver, and a gross vehicle weight 5.13 rating of 10,000 pounds or less. In this subdivision, "gross 5.14 vehicle weight rating" means the value specified by the 5.15 manufacturer as the loaded weight of a single vehicle. A "type 5.16 III school bus" and "type III Head Start bus" must not be 5.17 outwardly equipped and identified as a type A, B, C, or D school 5.18 bus or type A, B, C, or D Head Start bus. A van or bus 5.19 converted to a seating capacity of ten or fewer and placed in 5.20 service on or after August 1, 1999, must have been originally 5.21 manufactured to comply with the passenger safety standards. 5.22 Sec. 4. Minnesota Statutes 2002, section 169.01, 5.23 subdivision 75, is amended to read: 5.24 Subd. 75. [COMMERCIAL MOTOR VEHICLE.] (a) "Commercial 5.25 motor vehicle" means a motor vehicle or combination of motor 5.26 vehicles used to transport passengers or property if the motor 5.27 vehicle: 5.28 (1) has a gross vehicle weight of more than 26,000 pounds; 5.29 (2) has a towed unit with a gross vehicle weight of more 5.30 than 10,000 pounds and the combination of vehicles has a 5.31 combined gross vehicle weight of more than 26,000 pounds; 5.32 (3) is a bus; 5.33 (4) is of any size and is used in the transportation of 5.34 hazardous materials, except for those vehicles having a gross 5.35 vehicle weight of 26,000 pounds or less while carrying in bulk 5.36 tanks a total of not more than 200 gallons of petroleum products 6.1 and liquid fertilizer; or 6.2 (5) is outwardly equipped and identified as a school bus, 6.3 except for type A-IIA-I and type III school buses as defined in 6.4 subdivision 6. 6.5 (b) For purposes of chapter 169A: 6.6 (1) a commercial motor vehicle does not include a farm 6.7 truck, fire-fighting equipment, or recreational equipment being 6.8 operated by a person within the scope of section 171.02, 6.9 subdivision 2, paragraph (b); and 6.10 (2) a commercial motor vehicle includes a vehicle capable 6.11 of or designed to meet the standards described in paragraph (a), 6.12 clause (2), whether or not the towed unit is attached to the 6.13 truck-tractor at the time of the violation or stop. 6.14 Sec. 5. Minnesota Statutes 2002, section 169.442, 6.15 subdivision 1, is amended to read: 6.16 Subdivision 1. [SIGNALS REQUIRED.] A type A, B, C, or D 6.17 school bus must be equipped with aat least one stop-signal arm, 6.18 prewarning flashing amber signals, and flashing red signals. 6.19 Sec. 6. Minnesota Statutes 2002, section 169.442, 6.20 subdivision 5, is amended to read: 6.21 Subd. 5. [WHITE STROBE LAMPS ON CERTAIN BUSES TRANSPORTING 6.22 CHILDREN.] (a) Notwithstanding sections 169.55, subdivision 1; 6.23 169.57, subdivision 3, paragraph (b), or other law to the 6.24 contrary, a school bus that is subject to and complies with the 6.25 equipment requirements of subdivision 1 and section 169.441, 6.26 subdivision 1, or a Head Start bus that is not a type III bus 6.27 defined in section 169.01, subdivision 6, may be equipped with a 6.28 360-degree,flashing strobe lamp that emits a white light with a6.29 flash rate of 60 to 120 flashes a minute. The lamp may be used 6.30 only as provided in this subdivision. 6.31 (b) The strobe lamp must be of a double flash type6.32 certified to the commissioner of public safety by the6.33 manufacturer as being weatherproof and having a minimum6.34 effective light output of 200 candelas as measured by the6.35 Blondel-Rey formula.The lamp must be permanently mounted on 6.36 the longitudinal centerline of the bus roof not less than two 7.1 feet nor more than seven feetforward of the rear roof edge. It7.2 must operate from a separate switch containing an indicator lamp7.3 to show when the strobe lamp is in use.7.4 (c) The strobe lamp may be lighted only when atmospheric 7.5 conditions or terrain restrict the visibility of school bus 7.6 lamps and signals or Head Start bus lamps and signals so as to 7.7 require use of the bright strobe lamp to alert motorists to the 7.8 presence of the school bus or Head Start bus. A strobe lamp may 7.9 not be lighted unless the school bus or Head Start bus is 7.10 actually being used as a school bus or Head Start bus. 7.11 Sec. 7. Minnesota Statutes 2002, section 169.443, 7.12 subdivision 1, is amended to read: 7.13 Subdivision 1. [USING BUS SIGNALS.] A driver of a school 7.14 bus shall activate the prewarning flashing amber signals of the 7.15 bus before stopping to load or unload school children. The 7.16 driver shall activate and continuously operate the amber signals 7.17 for a distance of at least 100 feet before stopping in a speed 7.18 zone of 35 miles per hour or less and at least 300 feet before 7.19 stopping in a speed zone of more than 35 miles per hour. On 7.20 stopping for this purpose, the driver shall extend the 7.21 stop-signal arm system and activate the flashing red signals. 7.22 The driver shall not retract the stop-signal arm system nor 7.23 extinguish the flashing red signals until loading or unloading 7.24 is completed, students are seated, and children who must cross 7.25 the roadway are safely across. 7.26 Sec. 8. Minnesota Statutes 2002, section 169.443, 7.27 subdivision 2, is amended to read: 7.28 Subd. 2. [USE OF STOP-SIGNAL ARM.] (a) The stop-signal arm 7.29 system of a school bus must be used in conjunction with the 7.30 flashing red signals only when the school bus is stopped on a 7.31 street or highway to load or unload school children. 7.32 (b) A local authority, including the governing body of an 7.33 Indian tribe, may by ordinance require that a school bus 7.34 activate the stop-signal arm system and flashing red signals 7.35 while stopped to unload school children at a location other than 7.36 a location on a street or highway. The ordinance must designate 8.1 each location where the requirement is imposed. The requirement 8.2 is effective only if the local authority has erected signs at or 8.3 near the location to provide adequate notice that other vehicles 8.4 are required to obey section 169.444, subdivision 1, when those 8.5 signals are activated. 8.6 Sec. 9. Minnesota Statutes 2002, section 169.4501, 8.7 subdivision 1, is amended to read: 8.8 Subdivision 1. [NATIONAL STANDARDS ADOPTED.] Except as 8.9 provided in sections 169.4502 and 169.4503, the construction, 8.10 design, equipment, and color of types A, B, C, and D school 8.11 buses used for the transportation of school children shall meet 8.12 the requirements of the "bus chassis standards" and "bus body 8.13 standards" in the 1995 revised2000 edition of the "National 8.14 Standards for School Buses andSchool Bus8.15 OperationsTransportation Specifications and Procedures" adopted 8.16 by the TwelfthNational Conference on School Transportation. 8.17 Except as provided in section 169.4504, the construction, 8.18 design, and equipment of types A, B, C, and D school buses used 8.19 for the transportation of students with disabilities also shall 8.20 meet the requirements of the "specially equipped school bus 8.21 standards" in the 19952000 National Standards for School Buses8.22 andSchool Bus OperationsTransportation Specifications and 8.23 Procedures. The "bus chassis standards," "bus body standards," 8.24 and "specially equipped school bus standards" sections of 8.25 the 1995 revised2000 edition of the "National Standards for8.26 School Buses andSchool Bus OperationsTransportation 8.27 Specifications and Procedures" are incorporated by reference in 8.28 this chapter. 8.29 Sec. 10. Minnesota Statutes 2002, section 169.4501, 8.30 subdivision 2, is amended to read: 8.31 Subd. 2. [APPLICABILITY.] (a) The standards adopted in 8.32 this section and sections 169.4502 and 169.4503, govern the 8.33 construction, design, equipment, and color of school buses used 8.34 for the transportation of school children, when owned or leased 8.35 and operated by a school or privately owned or leased and 8.36 operated under a contract with a school , and these standards9.1 must be made a part of that contract by reference. Each school, 9.2 its officers and employees, and each person employed under the 9.3 contract is subject to these standards. 9.4 (b) The standards apply to school buses manufactured after 9.5 December 31, 1997October 31, 2004. Buses complying with these9.6 the standards when manufactured need not comply with standards 9.7 established later except as specifically provided for by law. 9.8 (c) A school bus manufactured on or before December 31,9.9 1997October 31, 2004, must conform to the Minnesota standards 9.10 in effect on the date the vehicle was manufactured except as 9.11 specifically provided for in law. 9.12 (d) A new bus body may be remounted on a used chassis 9.13 provided that the remounted vehicle meets state and federal 9.14 standards for new buses which are current at the time of the 9.15 remounting. Permission must be obtained from the commissioner 9.16 of public safety before the remounting is done. A used bus body 9.17 may not be remounted on a new or used chassis. 9.18 Sec. 11. Minnesota Statutes 2002, section 169.4502, 9.19 subdivision 11, is amended to read: 9.20 Subd. 11. [TIRE AND RIM.] The use of multipiece rims or 9.21 tube-type tires is not permitted on school buses manufactured 9.22 after October 31, 2004. Radial and bias-ply tires shall not be 9.23 used on the same axle. Front tire tread depth shall not be less 9.24 than 4/32 inch in any major tire tread groove. Rear tire tread 9.25 shall not be less than 2/32 inch. Tires must be measured in 9.26 three locations around the tire, in two adjoining grooves. No 9.27 recapped tires shall be used on the front wheels. Recapped 9.28 tires are permitted on the rear wheels. 9.29 Sec. 12. Minnesota Statutes 2002, section 169.4503, 9.30 subdivision 5, is amended to read: 9.31 Subd. 5. [COLORS AND REFLECTIVE MATERIALS.] Fenderettes 9.32 may be black. The beltline may be painted yellow over black or 9.33 black over yellow. The rub rails shall be black. The9.34 reflective material on the sides of the bus body shall be at9.35 least one inch but not more than two inches in width. This9.36 reflective material requirement and the requirement that "SCHOOL10.1 BUS" signs have reflective material as background are effective10.2 for buses manufactured after January 1, 1996.10.3 Sec. 13. Minnesota Statutes 2002, section 169.4503, 10.4 subdivision 14, is amended to read: 10.5 Subd. 14. [INSULATION.] (a) Ceilings and walls shall be10.6 insulated to a minimum of 1-1/2 inch fiberglass and installed so10.7 the insulation does not compact or sag. Floor insulation must10.8 be nominal 19/32 inches thick plywood, or a material of equal or10.9 greater strength and insulation R value that equals or exceeds10.10 properties of exterior-type softwood plywood, C-D grade as10.11 specified in standard issued by the United States Department of10.12 Commerce. Type A-II buses must have a minimum of one-half inch10.13 plywood. All exposed edges on plywood shall be sealed. Every10.14 school bus shall be constructed so that the noise level taken at10.15 the ear of the occupant nearest to the primary vehicle noise10.16 source shall not exceed 85 dba when tested according to10.17 procedures in the 1995 National Standards for School Buses and10.18 School Bus OperationsThermal insulation is required. It shall 10.19 be fire-resistant, UL approved, with minimum R-value of 5.5. 10.20 Insulation shall be installed so as to prevent sagging. 10.21 (b) The underside of metal floor may be undercoated with10.22 polyurethane floor insulation, foamed in place. The floor10.23 insulation must be combustion resistant. The authorization in10.24 this paragraph does not replace the plywood requirementFloor 10.25 insulation is required. It shall be five-ply nominal 10.26 five-eighths inch-thick plywood, and shall equal or exceed 10.27 properties of the exterior-type softwood plywood, C-D Grade, as 10.28 specified in the standard issued by United States Department of 10.29 Commerce. All exposed edges on plywood shall be sealed. Type 10.30 A-I buses shall be equipped with nominal one-half inch-thick 10.31 plywood or equivalent material meeting the above requirements. 10.32 Equivalent material may be used to replace plywood, provided it 10.33 has an equal or greater insulation R value, deterioration, sound 10.34 abatement, and moisture resistance properties. 10.35 Sec. 14. Minnesota Statutes 2002, section 169.4503, 10.36 subdivision 16, is amended to read: 11.1 Subd. 16. [LAMPS AND SIGNALS.] (a) Each school bus shall11.2 be equipped with a system consisting of four red signal lamps11.3 designed to conform to SAE Standard J887, and four amber signal11.4 lamps designed to that standard, except for color, and except11.5 that their candlepower must be at least 2-1/2 times that11.6 specified for red turn-signal lamps. Both red and amber signal11.7 lamps must be installed in accordance with SAE Standard J887,11.8 except that each amber signal lamp must be located near each red11.9 signal lamp, at the same level, but closer to the centerline of11.10 the bus. The system must be wired so that the amber signal11.11 lamps are activated only by hand operation, and if activated,11.12 are automatically deactivated and the red signal lamps are11.13 automatically activated when the bus entrance door is opened.11.14 Signal lamps must flash alternately. Each signal lamp must11.15 flash not less than 60 nor more than 120 flashes per minute.11.16 The "on" period must be long enough to permit filament to come11.17 up to full brightness. There must be a pilot lamp which goes on11.18 when the respective amber or red system is activated. The pilot11.19 lamp must either go out or flash at an alternate rate in the11.20 event the system is not functioning normally. The signal lamp11.21 system must include a closed control box. The box must be as11.22 small as practical, and must be easily dismounted or partially11.23 disassembled to provide access for maintenance purposes. The11.24 control panel box shall be arranged such that the momentary11.25 activating switch for the eight-lamp warning system shall be11.26 located on the left, the red (or red and amber) pilot light11.27 shall be located in the middle, and the eight-way master switch11.28 shall be located on the right. The control box must be securely11.29 mounted to the right of the steering wheel, within easy11.30 unobstructed reach of the driver. Switches and pilot lamp must11.31 be readily visible to the driver. The activating switch may be11.32 self-illuminated. Other warning devices or lamp controls must11.33 not be placed near the lamp control. The stop arm shall extend11.34 automatically whenever the service entrance door is opened and11.35 the eight-way lights are activated.11.36 (b)If installed, a white flashing strobe shall be of a 12.1 double flash type and have minimum effective light output of 20012.2 candelas. No roof hatch can be mounted behind the strobe light. 12.3 (c) Type B, C, and D buses shall have an amber clearance12.4 lamp with a minimum of four candlepower mounted on the right12.5 side of the body at approximately seat-level rub rail height12.6 just to the rear of the service door and another one at12.7 approximately opposite the driver's seat on the left side.12.8 These lamps are to be connected to operate only with the regular12.9 turn-signal lamps.12.10 (d)(b) All lamps on the exterior of the vehicle must 12.11 conform with and be installed as required by federal motor 12.12 vehicle safety standard number 108, Code of Federal Regulations, 12.13 title 49, part 571. 12.14 (e)(c) A type A, B, C, or D school bus manufactured for 12.15 use in Minnesota after December 31, 1994, may not be equipped 12.16 with red turn-signal lenses on the rear of the bus. 12.17 Sec. 15. Minnesota Statutes 2002, section 169.4503, 12.18 subdivision 20, is amended to read: 12.19 Subd. 20. [SEAT AND CRASH BARRIERS.] All restraining 12.20 barriers and passenger seats shall be covered with a material 12.21 that has fire retardant or fire block characteristics. All12.22 seats must face forward. All seat and crash barriers must be12.23 installed according to and conform to federal motor vehicle12.24 safety standard number 222, Code of Federal Regulations, title12.25 49, part 571.12.26 Sec. 16. Minnesota Statutes 2002, section 169.4503, is 12.27 amended by adding a subdivision to read: 12.28 Subd. 26. [CROSSING CONTROL ARM.] If a bus is equipped 12.29 with a crossing control arm, an automatic recycling interrupt 12.30 switch may be installed for temporary disabling of the crossing 12.31 control arm. 12.32 Sec. 17. Minnesota Statutes 2003 Supplement, section 12.33 171.321, subdivision 5, is amended to read: 12.34 Subd. 5. [ANNUAL EVALUATION AND LICENSE VERIFICATION.] (a) 12.35 A school district, nonpublic school, or private contractor shall 12.36 provide in-service training annually to each school bus driver. 13.1 (b) A school district, nonpublic school, or private 13.2 contractor shall annually verify the validity of the driver's 13.3 license of each personemployee who regularly transports 13.4 students for the district in a type A school bus, a type B 13.5 school bus, a type C school bus, or type D school bus, or 13.6 regularly transports students for the district in a type III 13.7 vehicle with the National Driver Register or with the Department 13.8 of Public Safety. 13.9 Sec. 18. [REPEALER.] 13.10 Minnesota Statutes 2002, sections 169.447, subdivision 6; 13.11 169.4502, subdivisions 7, 9, 13, and 14; 169.4503, subdivisions 13.12 10, 10a, 21, and 25, are repealed effective October 31, 2004.