Chapter
185
2007 -- H 6371 SUBSTITUTE A
Enacted 07/02/07
A N A C T
RELATING TO MOTOR AND
OTHER VEHICLES
Introduced By: Representatives Gablinske, and Picard
Date Introduced: May 08, 2007
It is enacted by the General Assembly as follows:
SECTION 1. Title 31 of the General Laws entitled
"MOTOR AND OTHER
VEHICLES"
is hereby amended by adding thereto the following chapter:
CHAPTER 22.1
PUPIL TRANSPORTATION VEHICLES
31-22.1-1.
Pupil transportation vehicle -- Definition. – A pupil transportation
vehicle is
a
motor vehicle designed and constructed to seat not more than eight (8)
passengers in addition to
the
operator, used by a school committee to provide the transportation services
required by law or
regulation
to students being conveyed along a fixed school transportation route. In
particular,
such
vehicles may be used to provide the transportation services required by section
16-21-1,
section
16-21.1-1, et seq. and section 16-24-4 on routes in which only small numbers of
students
are
being conveyed.
31-22.1-2.
Pupil transportation vehicle -- Vehicle standards. – Vans, sport
utility
vehicles,
and heavy automobiles as defined by applicable federal regulations may be used
as
pupil
transportation vehicles provided that these vehicles meet the highest federal
crashworthiness
standards for these categories of vehicles. Unless otherwise specifically
provided
for
herein, the provisions of section 31-20-4, et seq. (Special Stops Required)
shall be applicable
to
pupil transportation vehicles. The provisions of section 31-23-42 (First aid
kit and heating
equipment),
section 31-23-42.2 (Power equipment on school buses), section 31-23-54 (Fire
extinguishers),
section 31-23-55 (Speedometer and odometer) and section 31-23-56 (Stop arm)
shall
be applicable to pupil transportation vehicles. A pupil transportation vehicle
shall not be
required
to be painted school bus yellow provided it carries a sign in school bus yellow
visible
from
forward and from in back of the vehicle containing the lettering required by
section 31-20-
11.
31-22.1-3.
Equipment and operation of pupil transportation vehicles. – No
person
shall
operate any student transportation vehicle, and the owner or custodian of a
student
transportation
vehicle shall not permit the same to be operated to convey students unless the
following
requirements are complied with:
(1)
The operator of a pupil transportation vehicle shall not allow the number of
school
students
riding in the pupil transportation vehicle at any one time to exceed the number
of
adequate
seats therein nor shall the operator drive said bus until each student is
seated.
(2)
No person shall operate a pupil transportation vehicle referred to in this section,
nor
knowingly
allow any passenger to ride in such vehicle unless the operator and all
passengers are
wearing
a safety belt which is properly adjusted and fastened.
(3)
All doors shall be kept closed while the pupil transportation vehicle is in
motion.
(4)
No fueling shall take place while any pupil transportation vehicle is occupied
by
students.
(5)
Each pupil transportation vehicle shall be equipped with Type I Class A turn
signal
lamps,
which shall have a four-way hazard warning signal switch to cause simultaneous
flashing
of
the turn signal lamps which may be activated when a pupil transportation
vehicle is
approaching
a stop to load or discharge school students and when needed as a vehicular
traffic
hazard
warning. Each pupil transportation vehicle shall also be equipped with front
and rear
alternating
flashing school bus red signal lamps, which shall remain flashing when school
pupils
are
entering or leaving the pupil transportation vehicle. All aforementioned lamps
shall comply
with
applicable Federal Motor Vehicle Safety Standards and any applicable rules and
regulations
promulgated
by the department of motor vehicles. The operator of a pupil transportation
vehicle
shall
cause its headlamps to be illuminated while such bus is in operation.
(6)
Any person who operates such a pupil transportation vehicle shall not permit
the
boarding
or discharging of school students therefrom unless the pupil transportation
vehicle is
stopped
as close as is practicable to the right-hand side or edge of the ways and shall
announce
when
discharging passengers there from that all persons who wish to cross to the
other side of
the
way shall do so by passing in front of the pupil transportation vehicle
immediately upon
alighting
therefrom. No person shall operate a pupil transportation vehicle on a way
after
discharging
passengers therefrom unless all persons who wish to cross to the other side
have done
so.
The monitor requirement of section 16-21-1 shall not apply to pupil
transportation vehicles.
(7)
Each pupil transportation vehicle shall be required to be equipped with one
pair of
adequate
chock blocks and three (3) flares in compliance with United States Motor
Vehicle
D.O.T.
Safety Standard No. 125, which shall be placed upon the roadway in conformance
with
section
14 B of chapter 85 when such vehicle becomes disabled upon the traveled portion
of any
way,
and seat belts for each permanent seating accommodation designed and installed
in
compliance
with applicable United States Motor Vehicle Safety Standards.
(8)
All pupil transportation vehicles used to transport school students under the
provisions
of this section shall display sticker as authorized by the department of motor
vehicles
for a
reasonable fee established by the department of motor vehicles.
(9)
Only the holder of a Rhode Island chauffeurs license shall operate a pupil
transportation
vehicle when the vehicle is being used to convey students, who has passed a
written
test as may be prescribed by the department of motor vehicles.
31-22.1-4.
Operation of pupil transportation vehicles. – No pupil
transportation
vehicle
shall be operated, under the provisions of this chapter, for purposes of
transporting
students
prior to September 1, 2007.
SECTION
2. Section 31-22-11.6 of the General Laws in Chapter 31-22 entitled
"Miscellaneous
Rules" is hereby amended to read as follows:
31-22-11.6.
Child care vehicles and school extra-curricular vehicles. -- (a) (1)
Pursuant
to section 31-22-10, the division of motor vehicles is authorized to promulgate
rules and
regulations
concerning the type, construction, and equipment of motor vehicles used for the
transportation
of children to and from child care facilities and to and from school sponsored
activities
including athletics and extra-curricular activities.
(2) (i) For the purposes of this section, "school bus", as referred
to in section 31-1-3(v),
is
defined as a vehicle which is used to carry children to or from school on
school bound routes at
the
outset of the children's school day and/or on home bound routes at the end of
the children's
school
day. For these routes, a school bus or a pupil transportation vehicle as set
forth in sections
31-22.1-1
and 31-22.1-2 must be used regardless
of the number of students being transported.
(ii) For purposes of this section, "school extra-curricular vehicles"
is defined as vehicles
designed
to transport fewer than fifteen (15) students to and from school sponsored
activities
including
athletics, internships, work experiences, and extra-curricular activities where
school
buses
are not used because of the small number of students being transported.
(iii) For the purpose of this section, "child care vehicle" is
defined as a motor vehicle
owned or
leased by a licensed child care agency that does not exceed fifteen (15)
passengers and
is being
used to transport children from schools to child care facilities and/or from
child care
facilities
to schools. Two (2) door sedans shall not be considered child care vehicles or
school
extra-curricular
vehicles.
(b) The division of motor vehicles shall have the authority to suspend the
registration of
any
vehicle used for child care transportation or school extra-curricular
transportation that does
not meet
the following requirements:
(1) Seating. - Adequate seating space for all passengers shall be provided. The
maximum
seating capacity
of a child care vehicle and school extra-curricular vehicle shall be fifteen
(15)
persons,
including the driver. No standing shall be permitted while the vehicle is in
operation.
(2) Safety belts. - Safety belts shall be required for all passengers riding in
the child care
vehicle
and school extra-curricular vehicle.
(3) Vehicle registration. - All child care vehicles and school extra-curricular
vehicles
shall be
registered as public vehicles.
(4) Vehicle inspection. - All child care vehicles and school extra-curricular
vehicles shall
be
inspected for excessive emissions and/or safety items according to a staggered
appointment
schedule
as determined by the director of administration, or his or her designee, and
from time to
time
thereafter as may be required, and the vehicle owner shall display upon the
vehicle the
certificate
of inspection and approval issued to the vehicle until the certificate shall
expire.
(5) Inspector's rejection notice. - The director of administration, or his or
her designee,
may
affix a notice of rejection to any vehicle that fails to pass the required
inspection
requirements.
The rejection notice shall not be destroyed or removed from the vehicle until
the
vehicle
has passed the inspection requirements, or its removal has been authorized by
the director
of
administration or his or her designee.
(6) (i) Vehicle identification. - Any and all child care vehicles and school
extra-
curricular
vehicles must have the name of the child care organization conspicuously placed
on the
side of
the vehicle. The identification shall be required to possess two inch (2")
letters, and be
permanently
affixed on the side of the vehicle.
(ii) Should any child care vehicle and school extra-curricular vehicle be a
leased vehicle,
the
vehicle shall forego the requirement of having the name of the child care
facility or school
permanently
affixed to the side of the vehicle, but instead may satisfy the identification
requirement
by placing a magnetized sign naming the child care facility or school or any
other
temporarily
affixed apparatus; provided, that the temporary identification sign not be
interchanged,
replaced, or modified to change the purpose or function of the child care
vehicle
and
school extra-curricular vehicle.
(7) (i) Fire extinguisher. - The child care vehicle and school extra-curricular
vehicle shall
be
equipped with at least one pressurized, potassium bicarbonate base dry
chemical-type fire
extinguisher,
mounted in the manufacturer's extinguisher bracket, and located in the driver's
compartment
in full view of and readily accessible to the driver. A pressure gauge shall be
mounted
on the extinguisher so as to be easily read without removing the extinguisher
from its
mounted
position.
(ii) The fire extinguisher shall have a minimum capacity of not less than two
and a half
pounds
(2 1/2 lbs.) and be of a type approved by the Underwriters Laboratories, Inc.,
with a rating
of not
less than ten (10) B:C. The operating mechanism shall be sealed with a type of
seal that
will not
interfere with use of the fire extinguisher.
(8) First-Aid kits. - Every child care vehicle and school extra-curricular
vehicle shall be
equipped
with a first-aid kit mounted in an area accessible to the operator which
consists of
bandages,
sterile pads, adhesive tape, and Band-Aids for use in the administration of
first-aid
treatment.
(9) School extra-curricular vehicles purchased after January 1, 2000 shall
further comply
with
regulations which the division of motor vehicles is authorized to promulgate
which require
these
vehicles to meet appropriate safety standards. The additional safety
requirements of this
subsection
shall, effective January 1, 2008, also apply to school extra-curricular
vehicles in
service
prior to January 1, 2000, which are still in service after January 1, 2008.
SECTION
3. This act shall take effect upon passage.
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LC03006/SUB A/4
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