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BILL AS INTRODUCED 2007-2008

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H.782

Introduced by Representatives French of Randolph and Hutchinson of Randolph

Referred to Committee on

Date:

Subject: Motor vehicles; school buses; motor coaches; exemption

Statement of purpose:  This bill proposes to exempt from the statutory definition of school bus motor vehicles that employees of a public or

state-recognized or approved independent school operate to transport students to or from school-related activities.

AN ACT RELATING TO SCHOOL BUSES

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  23 V.S.A. § 4(34)(A) is amended to read:

(34)(A)  “School bus” means any motor vehicle used to transport children to or from school or in connection with school activities, except:

(i)  buses operated by common carriers who incidentally accept school children as passengers;

(ii)  private motor vehicles used to carry members of the owner’s household.  For the purposes of this section, private motor vehicle means a vehicle neither owned nor leased by a public school or an approved independent school;

(iii)  private motor vehicles used to transport children without compensation.  For the purposes of this section, compensation means payment in any form except reimbursement for mileage or the normal salary paid to a person otherwise employed by the school;

(iv)  motor vehicles with a manufacturer’s rated seating capacity of fewer than 11 persons, including the operator, which are owned, leased, or hired by a school, or for which services are reimbursed by a school.  However, if used to transport students, these shall be considered a Type II school bus for purposes of licensure, shall display an identification sign as prescribed in subdivision 1283(a)(1) of this title, and shall be equipped with a simple system of at least two red alternating warning lights;

(v)  motor coaches provided with a driver to a school on a single-trip or multi-trip contract basis to provide transportation to or from, or to and from, athletic or other special events.  A motor coach is a vehicle at least 35 feet in length with a manufacturer’s rated seating capacity of more than 30 passengers and is designed for long distance transportation of passengers, characterized by integral construction with an elevated passenger deck located over a baggage compartment.  Pursuant to 16 V.S.A. § 255, a superintendent or headmaster shall request criminal record information for a driver of a motor coach if the driver may be in unsupervised contact with schoolchildren;

(vi)  multifunction school activity buses, as defined in section 1287 of this title, provided with a driver to a school on a single-trip or multi-trip contract basis to provide transportation to or from, or to and from, athletic or other special events.  Pursuant to 16 V.S.A. § 255, a superintendent or headmaster shall request criminal record information for a driver of a multifunction school activity bus if the driver may be in unsupervised contact with schoolchildren;

(vii)  other multifunction school activity buses as defined in section 1287 of this title;

(viii)  multifunction school activity buses used to transport students to school-related activities, provided that the operator is an employee of a school for purposes other than the transporting of students, and has been subject to a criminal record information review.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us