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H.B. 45 Enrolled
Perry L. Buckner
AN ACT RELATING TO PUBLIC SAFETY; PROVIDING THAT A SCHOOL DISTRICT OR
A PRIVATE SCHOOL MAY PERFORM A SAFETY INSPECTION OF A SCHOOL BUS IN
ACCORDANCE WITH RULES MADE BY THE UTAH HIGHWAY PATROL DIVISION;
PROVIDING FOR AN AUDIT OF SCHOOL BUS SAFETY OPERATIONS OF A DISTRICT
OR PRIVATE SCHOOL THAT PERFORMS A SCHOOL BUS SAFETY INSPECTION; AND
PROVIDING THAT VEHICLES WITH SAFETY DEFECTS MAY NOT BE OPERATED
UNTIL THE DEFECTS HAVE BEEN CORRECTED.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
53-8-211, as renumbered and amended by Chapter 234, Laws of Utah 1993
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 53-8-211 is amended to read:
53-8-211. Safety inspection of school buses and other vehicles.
(1) (a) The Highway Patrol shall:
(i) perform safety [
operated by [
for the transportation of students, except as otherwise provided in Subsection (1)(b); and
(ii) cause to be removed from the public highways any vehicle found to have mechanical
or other defects under Subsection (1)(a) endangering the safety of passengers and the public until
the defects have been [
(b) (i) A school district or private school may perform the safety inspections of a school
bus that it operates in accordance with rules made by the division under Title 63, Chapter 46a,
Utah Administrative Rule Making Act, and after consultation with the State Board of Education.
(ii) The rules under Subsection(b)(i) shall include provisions for:
(A) maintaining school bus drivers' hours of service records;
(B) requiring school bus drivers to maintain vehicle condition reports;
(C) maintaining school bus maintenance and repair records; and
(D) validating that defects discovered during the inspection process have been corrected
prior to returning a school bus to service.
(iii) (A) The division shall audit school bus safety operations of each school district and
private school performing inspections under Subsection (b)(i) to ensure compliance with the rules
made under that subsection.
(B) The audit may include both a formal examination of the district's or school's inspection
records and a random physical inspection of buses that have been safety inspected by the district or
the school.
(iv) A school district or school must have a comprehensive school bus maintenance plan
approved by the division in order to participate in the safety inspection program.
(v) A school district or private school may not operate any vehicle found to have mechanical
or other defects that would endanger the safety of passengers and the public until the defects have
been corrected.
(2) Motor vehicles operated by private schools or school districts, and not used for the
transportation of students, are subject to Section 53-8-205 .
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