HF 3575

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to pupil transportation; establishing qualifications for type III school
bus drivers; providing criminal penalties; authorizing rulemaking; amending
Minnesota Statutes 2006, sections 169.01, subdivision 75; 169.448, subdivision
1; 169A.03, subdivision 23; 171.02, by adding subdivisions; Minnesota Statutes
2007 Supplement, sections 169.443, subdivision 9; 171.02, subdivision 2;
repealing Minnesota Statutes 2007 Supplement, section 171.02, subdivision 2a.

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

Section 1.

Minnesota Statutes 2006, section 169.01, subdivision 75, is amended to read:

Subd. 75.

Commercial motor vehicle.

(a) "Commercial motor vehicle" means a
motor vehicle or combination of motor vehicles used to transport passengers or property if
the motor vehicle:

(1) has a gross vehicle weight of more than 26,000 pounds;

(2) has a towed unit with a gross vehicle weight of more than 10,000 pounds and the
combination of vehicles has a combined gross vehicle weight of more than 26,000 pounds;

(3) is a bus;

(4) is of any size and is used in the transportation of hazardous materials that are
required to be placarded under Code of Federal Regulations, title 49, parts 100-185; or

(5) is outwardly equipped and identified as a school bus, except for deleted text begin type A-I and deleted text end
type III school buses as defined in subdivision 6.

(b) For purposes of chapter 169A:

(1) a commercial motor vehicle does not include a farm truck, an authorized
emergency vehicle, or a recreational vehicle being operated by a person within the scope
of section 171.02, subdivision 2, paragraph (b); and

(2) a commercial motor vehicle includes a vehicle capable of or designed to meet the
standards described in paragraph (a), clause (2), whether or not the towed unit is attached
to the truck-tractor at the time of the violation or stop.

Sec. 2.

Minnesota Statutes 2007 Supplement, section 169.443, subdivision 9, is
amended to read:

Subd. 9.

Personal cellular phone call prohibition.

new text begin (a) As used in this subdivision,
"school bus" has the meaning given in section 169.01, subdivision 6. In addition, the term
includes type III school buses as described in section 169.01, subdivision 6, clause (5),
when driven by employees or agents of school districts for transportation.
new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2008, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2006, section 169.448, subdivision 1, is amended to read:

Subdivision 1.

Restrictions on appearance; misdemeanor.

(a) A bus that is not
used as a school bus may not be operated on a street or highway unless it is painted a color
significantly different than national school bus glossy yellow.

(b) A bus that is not used as a school bus or Head Start bus may not be operated if it
is equipped with school bus or Head Start bus-related equipment and printing.

(c) A violation of this subdivision is a misdemeanor.

(d) This subdivision does not apply to a school bus owned by or under contract to a
school district operated as a charter or leased bus.

(e) This subdivision does not apply to a school bus operated by a licensed child
care provider if:

(1) the stop arm is removed;

(2) the eight-light system is deactivated;

(3) the school bus is identified as a "child care bus" in letters at least eight inches
high on the front and rear top of the bus; new text begin and
new text end

(4) the name, address, and telephone number of the owner or operator of the bus is
identified on each front door of the bus in letters not less than three inches high deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (5) the conditions under section 171.02, subdivision 2a, paragraph (b), clauses (1)
through (10), (12), and (14), have been met.
deleted text end

Sec. 4.

Minnesota Statutes 2006, section 169A.03, subdivision 23, is amended to read:

Subd. 23.

School bus.

"School bus" has the meaning given in section 169.01,
subdivision 6. new text begin In addition, the term includes type III school buses as described in section
169.01, subdivision 6, clause (5), when driven by employees or agents of school districts
for transportation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2008, and applies to crimes
committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2007 Supplement, section 171.02, subdivision 2, is
amended to read:

Subd. 2.

Driver's license classifications, endorsements, exemptions.

(a) Drivers'
licenses are classified according to the types of vehicles that may be driven by the holder
of each type or class of license. The commissioner may, as appropriate, subdivide the
classes listed in this subdivision and issue licenses classified accordingly.

(b) Except as provided in paragraph (c), clauses (1) and (2), deleted text begin and subdivision 2a, deleted text end no
class of license is valid to operate a motorcycle, school bus, tank vehicle, double-trailer
or triple-trailer combination, vehicle transporting hazardous materials, or bus, unless
so endorsed. There are four general classes of licenses as described in paragraphs (c)
through (f).

(c) Class D drivers' licenses are valid for:

(1) operating all farm trucks if the farm truck is:

(i) controlled and operated by a farmer, including operation by an immediate family
member or an employee of the farmer;

(ii) used to transport agricultural products, farm machinery, or farm supplies,
including hazardous materials, to or from a farm;

(iii) not used in the operations of a common or contract motor carrier as governed by
Code of Federal Regulations, title 49, part 365; and

(iv) used within 150 miles of the farm;

(2) notwithstanding paragraph (b), operating an authorized emergency vehicle,
as defined in section 169.01, subdivision 5, whether or not in excess of 26,000 pounds
gross vehicle weight;

(3) operating a recreational vehicle as defined in section 168.011, subdivision 25,
that is operated for personal use;

(4) operating all single-unit vehicles except vehicles with a gross vehicle weight of
more than 26,000 pounds, vehicles designed to carry more than 15 passengers including
the driver, and vehicles that carry hazardous materials;

(5) deleted text begin notwithstanding paragraph (d), operating a type A school bus or a multifunctional
school activity bus without a school bus endorsement if:
deleted text end

deleted text begin (i) the bus has a gross vehicle weight of 10,000 pounds or less;
deleted text end

deleted text begin (ii) the bus is designed to transport 15 or fewer passengers, including the driver; and
deleted text end

deleted text begin (iii) the requirements of subdivision 2a are satisfied, as determined by the
commissioner;
deleted text end

deleted text begin (6) deleted text end operating any vehicle or combination of vehicles when operated by a licensed
peace officer while on duty; and

deleted text begin (7) deleted text end new text begin (6) new text end towing vehicles if:

(i) the towed vehicles have a gross vehicle weight of 10,000 pounds or less; or

(ii) the towed vehicles have a gross vehicle weight of more than 10,000 pounds and
the combination of vehicles has a gross vehicle weight of 26,000 pounds or less.

(d) Class C drivers' licenses are valid for:

(1) operating class D motor vehicles;

(2) with a hazardous materials endorsement, transporting hazardous materials
in class D vehicles; and

(3) with a school bus endorsement, operating school buses designed to transport 15
or fewer passengers, including the driver.

(e) Class B drivers' licenses are valid for:

(1) operating all class C motor vehicles, class D motor vehicles, and all other
single-unit motor vehicles including, with a passenger endorsement, buses; and

(2) towing only vehicles with a gross vehicle weight of 10,000 pounds or less.

(f) Class A drivers' licenses are valid for operating any vehicle or combination of
vehicles.

Sec. 6.

Minnesota Statutes 2006, section 171.02, is amended by adding a subdivision
to read:

new text begin Subd. 2b. new text end

new text begin Exception for type III school bus drivers. new text end

new text begin (a) Notwithstanding
subdivision 2, paragraph (c), the holder of a class D driver's license, without a school bus
endorsement, may operate a type III school bus described in section 169.01, subdivision 6,
clause (5), under the conditions in paragraphs (b) through (n).
new text end

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

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

new text begin (1) safe operation of a type III school bus;
new text end

new text begin (2) understanding student behavior, including issues relating to students with
disabilities;
new text end

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

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

new text begin (5) handling emergency situations;
new text end

new text begin (6) proper use of seat belts and child safety restraints;
new text end

new text begin (7) performance of pretrip vehicle inspections; and
new text end

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

new text begin (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;
new text end

new text begin (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;
new text end

new text begin (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; and
new text end

new text begin (iv) placing the type III school bus in "park" during loading and unloading.
new text end

new text begin (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 type A or type III
school bus under this subdivision.
new text end

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

new text begin (f) The operator's employer has adopted and implemented a policy that provides
for mandatory drug and alcohol testing of applicants for operator positions and current
operators, in accordance with section 181.951, subdivisions 2, 4, and 5.
new text end

new text begin (g) The operator's driver's license is verified annually by the entity that owns, leases,
or contracts for the school bus.
new text end

new text begin (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 or
has their driver's license revoked under a similar statute or ordinance of another state, is
precluded from operating a type III school bus for five years from the date of conviction.
new text end

new text begin (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 school bus
under this subdivision.
new text end

new text begin (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 school bus for one year from the date of
the last conviction.
new text end

new text begin (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.
new text end

new text begin (l) Students riding the type III school bus must have training required under section
123B.90, subdivision 2.
new text end

new text begin (m) Documentation of meeting the requirements listed in this subdivision must
be maintained under separate file at the business location for each type III school bus
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 school bus operating under
this subdivision is responsible for maintaining these files for inspection.
new text end

new text begin (n) The type III school bus must bear a current certificate of inspection issued under
section 169.451.
new text end

new text begin (o) An operator employed by a school or school district, whose normal duties do
not include operating a type III school bus, who holds a class D driver's license without a
school bus endorsement, may operate a type III school bus and is exempt from paragraphs
(d), (e), (f), (g), and (k).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2008.
new text end

Sec. 7.

Minnesota Statutes 2006, section 171.02, is amended by adding a subdivision
to read:

new text begin Subd. 2c. new text end

new text begin Rulemaking. new text end

new text begin The commissioner may adopt rules regarding the
qualifications and requirements for drivers of type III school buses.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2008.
new text end

Sec. 8. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2007 Supplement, section 171.02, subdivision 2a, new text end new text begin is repealed.
new text end