Senator Wayne A. Harper proposes the following substitute bill:




Chief Sponsor: Wayne A. Harper

House Sponsor: Eric K. Hutchings


8     General Description:
9          This bill modifies the safety inspection requirements for school buses.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     changes the frequency of required safety inspections for school buses;
14          ▸     requires random inspections on a portion of school buses; and
15          ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          53-8-211, as last amended by Laws of Utah 2008, Chapter 382
23          53-8-211.5, as enacted by Laws of Utah 2001, Chapter 154

25     Be it enacted by the Legislature of the state of Utah:

26          Section 1. Section 53-8-211 is amended to read:
27          53-8-211. Safety inspection of school buses and other vehicles.
28          (1) For purposes of this section and Section 53-8-211.5, "education entity" means:
29          (a) a school district;
30          (b) a charter school;
31          (c) a private school; and
32          (d) the Utah Schools for the Deaf and the Blind.
33          [(1)] (2) (a) [The] A school bus operated by an education entity in this state is required
34     to pass a safety inspection annually and the Highway Patrol shall:
35          (i) perform safety inspections at least [twice] once each school year on all school buses
36     operated by each [school district and each private school] education entity in the state for the
37     transportation of students, except as otherwise provided in Subsection [(1)] (2)(b); [and]
38          (ii) annually, at a time during the school year other than the time of the inspection
39     described in Subsection (2)(a)(i), perform safety inspections on 20% of the school buses
40     operated by an education entity, selected randomly, except as otherwise provided in Subsection
41     (2)(b); and
42          [(ii)] (iii) cause to be removed from the public highways any vehicle found to have
43     mechanical or other defects under this Subsection [(1)] (2)(a) endangering the safety of
44     passengers and the public until the defects have been corrected.
45          (b) (i) [A school district or private school] An education entity may perform the safety
46     inspections of a school bus that it operates in accordance with rules made by the division under
47     Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and after consultation with the
48     State Board of Education.
49          (ii) The rules under Subsection [(1)] (2)(b)(i) shall include provisions for:
50          (A) maintaining school bus drivers' hours of service records;
51          (B) requiring school bus drivers to maintain vehicle condition reports;
52          (C) maintaining school bus maintenance and repair records; and
53          (D) validating that defects discovered during the inspection process have been
54     corrected prior to returning a school bus to service.
55          (iii) (A) The division shall audit school bus safety operations of each [school district
56     and private school] education entity performing inspections under Subsection [(1)] (2)(b)(i) to

57     ensure compliance with the rules made under [that subsection] Subsection (2)(b)(i).
58          (B) The audit may include both a formal examination of the [district's or school's]
59     education entity's inspection records and a random physical inspection of buses that have been
60     safety inspected by the [district or the school] education entity.
61          (iv) [A school district or school] An education entity must have a comprehensive
62     school bus maintenance plan approved by the division in order to participate in the safety
63     inspection program.
64          (v) [A school district or private school] An education entity may not operate any
65     vehicle found to have mechanical or other defects that would endanger the safety of passengers
66     and the public until the defects have been corrected.
67          [(2)] (3) Motor vehicles operated by [private schools or school districts] an education
68     entity, and not used for the transportation of students, are subject to Section 53-8-205.
69          Section 2. Section 53-8-211.5 is amended to read:
70          53-8-211.5. School bus safety standards -- Exceptions.
71          (1) Beginning July 1, 2003, [a school district or private school] an education entity, as
72     defined in Section 53-8-211, may not use a vehicle with a seating capacity of 11 or more,
73     including the driver, for the transportation of its students unless the vehicle meets federal
74     school bus safety standards under 49 U.S.C. Sec. 30101, et seq.
75          (2) Subsection (1) does not apply to a vehicle operated by a common carrier, as defined
76     in Section 59-12-102, if the common carrier is not exclusively engaged in the transportation of
77     students.