1     
SCHOOL BUS SAFETY INSPECTION AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Lee B. Perry

5     
Senate Sponsor: Don L. Ipson

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to the safety inspection of school buses.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends provisions related to the safety inspection of school buses by:
13               •     removing some requirements of annual inspections by the Highway Patrol;
14               •     shifting inspection responsibilities to the relevant education entity;
15               •     requiring the Highway Patrol to perform random safety inspections and verify
16     corrective measures have been taken; and
17               •     requiring the publication of safety inspection information; and
18          ▸     makes technical changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          This bill provides a special effective date.
23     Utah Code Sections Affected:
24     AMENDS:
25          53-8-211, as last amended by Laws of Utah 2017, Chapter 145
26     

27     Be it enacted by the Legislature of the state of Utah:
28          Section 1. Section 53-8-211 is amended to read:
29          53-8-211. Safety inspection of school buses and other vehicles.
30          (1) For purposes of this section and Section 53-8-211.5, "education entity" means:
31          (a) a school district;
32          (b) a charter school;
33          (c) a private school; and
34          (d) the Utah Schools for the Deaf and the Blind.
35          (2) (a) A school bus operated by an education entity in this state is required to pass a
36     safety inspection annually[ and the Highway Patrol shall:].
37          [(i) perform safety inspections at least once each school year on all school buses
38     operated by each education entity in the state for the transportation of students, except as
39     otherwise provided in Subsection (2)(b);]
40          [(ii) annually, at a time during the school year other than the time of the inspection
41     described in Subsection (2)(a)(i), perform safety inspections on 20% of the school buses
42     operated by an education entity, selected randomly, except as otherwise provided in Subsection
43     (2)(b); and]
44          [(iii) cause to be removed from the public highways any vehicle found to have
45     mechanical or other defects under this Subsection (2)(a) endangering the safety of passengers
46     and the public until the defects have been corrected.]
47          (b) (i) An education entity [may] shall perform the safety inspections of a school bus
48     that it operates in accordance with rules made by the division under Title 63G, Chapter 3, Utah
49     Administrative Rulemaking Act[, and after consultation with the State Board of Education].
50          (ii) The rules under Subsection (2)(b)(i) shall include provisions for:
51          (A) maintaining school bus drivers' hours of service records;
52          (B) requiring school bus drivers to maintain vehicle condition reports;
53          (C) maintaining school bus maintenance and repair records; and
54          (D) validating that defects discovered during the inspection process have been
55     corrected prior to returning a school bus to service.
56          (iii) (A) The division shall audit school bus safety operations of each education entity
57     performing inspections under Subsection (2)(b)(i) to ensure compliance with the rules made
58     under Subsection (2)(b)(i).
59          (B) The audit may include both a formal examination of the education entity's
60     inspection records and a random physical inspection of buses that have been safety inspected
61     by the education entity.
62          (iv) An education entity must have a comprehensive school bus maintenance plan
63     approved by the division in order to participate in the safety inspection program.
64          (v) An education entity may not operate any vehicle found to have mechanical or other
65     defects that would endanger the safety of passengers and the public until the defects have been
66     corrected.
67          (3) In addition to a safety inspection required under Subsection (2)(b), the Highway
68     Patrol shall:
69          (a) perform random safety inspections:
70          (i) annually on a minimum of 20% of the school buses operated by an education entity;
71     and
72          (ii) on 100% of school buses operated by an education entity when inspections
73     conducted pursuant to Subsection (3)(a)(i) result in an out-of-service failure rate as determined
74     by the division;
75          (b) verify that defects discovered during an inspection under Subsection (3)(a) have
76     been corrected; and
77          (c) make publicly available the results of inspections performed under Subsection
78     (3)(a).
79          [(3)] (4) Motor vehicles operated by an education entity, and not used for the
80     transportation of students, are subject to Section 53-8-205.
81          Section 2. Effective date.
82          This bill takes effect on January 1, 2021.