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H.B. 45 Enrolled

                 

SCHOOL BUS SAFETY

                 
1999 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Neal B. Hendrickson

                  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 [inspect] inspections at least twice each school year on all school buses
                  operated by [the] each school [districts] district and each private [schools of] school in the state
                  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 [remedied] corrected.
                      (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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