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HF 3008

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 03/23/2010 12:51pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/16/2010
1st Engrossment Posted on 03/11/2010
2nd Engrossment Posted on 03/23/2010

Current Version - 2nd Engrossment

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A bill for an act
relating to transportation; amending requirements for type III vehicle drivers;
amending Minnesota Statutes 2008, section 171.321, subdivision 2; Minnesota
Statutes 2009 Supplement, section 171.02, subdivision 2b.

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

Section 1.

Minnesota Statutes 2009 Supplement, section 171.02, subdivision 2b,
is amended to read:


Subd. 2b.

Exception for type III vehicle drivers.

(a) Notwithstanding subdivision
2, the holder of a class A, B, C, or D driver's license, without a school bus endorsement,
may operate a type III vehicle described in section 169.011, subdivision 71, paragraph (h),
under the conditions in paragraphs (b) through (o).

(b) The operator is an employee of the entity that owns, leases, or contracts for
the school bus.

(c) The operator's employer has adopted and implemented a policy that provides for
annual training and certification of the operator in:

(1) safe operation of a type III vehicle;

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

(3) encouraging orderly conduct of students on the bus and handling incidents of
misconduct appropriately;

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

(5) handling emergency situations;

(6) proper use of seat belts and child safety restraints;

(7) performance of pretrip vehicle inspections;

(8) safe loading and unloading of students, including, but not limited to:

(i) utilizing a safe location for loading and unloading students at the curb, on the
nontraffic side of the roadway, or at off-street loading areas, driveways, yards, and other
areas to enable the student to avoid hazardous conditions;

(ii) refraining from loading and unloading students in a vehicular traffic lane, on the
shoulder, in a designated turn lane, or a lane adjacent to a designated turn lane;

(iii) avoiding a loading or unloading location that would require a pupil to cross a
road, or ensuring that the driver or an aide personally escort the pupil across the road if
it is not reasonably feasible to avoid such a location; deleted text begin and
deleted text end

(iv) placing the type III vehicle in "park" during loading and unloading; and

new text begin (v) escorting a pupil across the road under clause (iii) only after the motor is
stopped, the ignition key is removed, the brakes are set, and the vehicle is otherwise
rendered immobile; and
new text end

(9) compliance with paragraph (k), concerning reporting certain convictions to the
employer within ten days of the date of conviction.

(d) A background check or background investigation of the operator has been
conducted that meets the requirements under section 122A.18, subdivision 8, or 123B.03
for school district employees; section 144.057 or chapter 245C for day care employees;
or section 171.321, subdivision 3, for all other persons operating a deleted text begin type A ordeleted text end type III
vehicle under this subdivision.

(e) Operators shall submit to a physical examination as required by section 171.321,
subdivision 2
.

(f) The operator's employer requires preemployment drug deleted text begin and alcoholdeleted text end testing of
applicants for operator positions. Current operators must comply with the employer's
policy under section 181.951, subdivisions 2, 4, and 5.new text begin Notwithstanding any law to the
contrary, the operator's employer may use a breathalyzer or similar device to fulfill random
or reasonable suspicion alcohol testing requirements.
new text end

(g) The operator's driver's license is verified annually by the entity that owns,
leases, or contracts for the deleted text begin school busdeleted text end new text begin type III vehicle as required under section 171.321,
subdivision 5
new text end .

(h) A person who sustains a conviction, as defined under section 609.02, of violating
section 169A.25, 169A.26, 169A.27, or 169A.31, or whose driver's license is revoked
under sections 169A.50 to 169A.53 of the implied consent law, or who is convicted of
violating or whose driver's license is revoked under a similar statute or ordinance of
another state, is precluded from operating a type III vehicle for five years from the date
of conviction.

(i) A person who has ever been convicted of a disqualifying offense as defined in
section 171.3215, subdivision 1, paragraph (c), may not operate a type III vehicle under
this subdivision.

(j) A person who sustains a conviction, as defined under section 609.02, of a moving
offense in violation of chapter 169 within three years of the first of three other moving
offenses is precluded from operating a type III vehicle for one year from the date of
the last conviction.

(k) An operator who sustains a conviction as described in paragraph (h), (i), or (j)
while employed by the entity that owns, leases, or contracts for the school bus, shall report
the conviction to the employer within ten days of the date of the conviction.

(l) Students riding the type III vehicle must have training required under section
123B.90, subdivision 2.

(m) Documentation of meeting the requirements listed in this subdivision must be
maintained under separate file at the business location for each type III vehicle operator.
The business manager, school board, governing body of a nonpublic school, or any
other entity that owns, leases, or contracts for the type III vehicle operating under this
subdivision is responsible for maintaining these files for inspection.

(n) The type III vehicle must bear a current certificate of inspection issued under
section 169.451.

(o) An employee of a school or of a school district, who is not employed for the sole
purpose of operating a type III vehicle, is exempt from paragraphs (e) and (f).

new text begin (p) Notwithstanding any law to the contrary, any person who conducts testing under
paragraph (f) is exempt from section 181.953, subdivisions 9 and 10, paragraph (b).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
new text end

Sec. 2.

Minnesota Statutes 2008, section 171.321, subdivision 2, is amended to read:


Subd. 2.

Rules.

(a) The commissioner of public safety shall prescribe rules
governing new text begin (1) new text end the physical qualifications of school bus drivers and tests required to obtain
a school bus endorsementnew text begin , and (2) the physical qualifications of type III vehicle driversnew text end .
new text begin The rules for physical qualifications of type III vehicle drivers are not subject to chapter
14 and section 14.386 does not apply.
new text end

new text begin (b) new text end The rules new text begin under paragraph (a) new text end must provide that an applicant for a school
bus endorsement or renewal is exempt from the physical qualifications and medical
examination required to operate a school bus upon providing evidence of being medically
examined and certified within the preceding 24 months as physically qualified to operate a
commercial motor vehicle, pursuant to Code of Federal Regulations, title 49, part 391,
subpart E, or rules of the commissioner of transportation incorporating those federal
regulations. The commissioner shall accept physical examinations for school bus drivers
conducted by medical examiners authorized as provided by Code of Federal Regulations,
title 49, chapter 3, part 391, subpart E.

deleted text begin (b)deleted text end new text begin (c)new text end The commissioner of public safety, in conjunction with the commissioner
of education, shall adopt rules prescribing a training program for Head Start bus drivers.
The program must provide for initial classroom and behind-the-wheel training, and annual
in-service training. The program must provide training in defensive driving, human
relations, emergency and accident procedures, vehicle maintenance, traffic laws, and use
of safety equipment. The program must provide that the training will be conducted by the
contract operator for a Head Start agency, the Head Start grantee, a licensed driver training
school, or by another person or entity approved by both commissioners.

new text begin (d) The commissioner may exempt a type III vehicle driver from the physical
qualifications required to operate a type III vehicle upon receiving evidence of the
driver having been medically examined and certified within the preceding 24 months as
physically qualified to operate a commercial motor vehicle as provided for applicants for a
school bus endorsement under paragraph (b).
new text end