Chapter
207
2007 -- S 556 SUBSTITUTE A AS AMENDED
Enacted 07/02/07
A N A C T
RELATING
TO MOTOR AND OTHER VEHICLES -- SCHOOL PUPIL TRANSPORT VEHICLE
Introduced
By: Senators Tassoni, Paiva-Weed, Jabour, Moura, and Connors
Date
Introduced: February 15, 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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LC00649/SUB A/2
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