BILL NUMBER: AB 830 CHAPTERED
BILL TEXT
CHAPTER 649
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2008
APPROVED BY GOVERNOR SEPTEMBER 30, 2008
PASSED THE SENATE AUGUST 20, 2008
PASSED THE ASSEMBLY AUGUST 29, 2008
AMENDED IN SENATE AUGUST 18, 2008
AMENDED IN SENATE AUGUST 12, 2008
AMENDED IN SENATE JULY 7, 2008
AMENDED IN SENATE JULY 1, 2008
AMENDED IN SENATE JUNE 18, 2008
AMENDED IN SENATE MARCH 13, 2008
AMENDED IN ASSEMBLY MAY 15, 2007
AMENDED IN ASSEMBLY MAY 3, 2007
INTRODUCED BY Assembly Member Ma
FEBRUARY 22, 2007
An act to amend Section 40081 of the Education Code, to add
Section 5384.2 to the Public Utilities Code, to amend Sections 545
and 40000.11 of, and to add Section 12517.45 to, the Vehicle Code,
relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 830, Ma. Vehicles: transportation of school pupils.
(1) Existing law authorizes the governing board of a school
district to contract for the transportation of pupils attending
schools within the district to and from specified activities and
authorizes the governing board to pay for that transportation out of
any funds of the district available for that purpose.
This bill would provide that a school, a school district, or the
state would not be liable for transportation services provided by an
operator of a charter-party carrier, as defined, for which the school
or the school district has not contracted, arranged, or otherwise
provided.
(2) Under existing law, the State Department of Education is
required to develop or approve driver training courses for drivers of
specified types of vehicles.
This bill would require the department, by January 1, 2010, in
consultation with the Department of Motor Vehicles and the Department
of the California Highway Patrol, to review and, if necessary,
revise its training courses and requirements for drivers who operate
specified charter-party carrier vehicles used for the transportation
of pupils.
(3) Existing law provides for the issuance by the Department of
Motor Vehicles of a certificate to drive specified types of vehicles,
including a schoolbus or a school pupil activity bus and imposes
specified requirements on a person who operates a schoolbus or a
youth bus in the transportation of school pupils. Existing law
specifically excludes specified motor vehicles from the definition of
a schoolbus.
This bill would, in addition, exclude from the definition of
schoolbus a motor vehicle designed to carry not more than 25 persons
including the driver, while being used for the transportation of
pupils to or from school-related activities if the vehicle is
operated by a charter-party carrier not under a contractual agreement
with a school or school district, and the transportation does not
duplicate transportation services for pupils provided by the school
or school district. The bill would prohibit a person from operating
that type of motor vehicle unless that person has specified documents
in his or her immediate possession and would require that person to
perform specified duties. The bill would also require that vehicle to
pass a specified annual inspection, and would allow the Department
of the California Highway Patrol to charge a reasonable fee for that
inspection.
(4) Under existing law, a violation of the Vehicle Code is an
infraction, unless otherwise provided.
Because this bill would add provisions to the Vehicle Code, the
violation of which would be a misdemeanor, the bill would impose a
state-mandated local program.
(5) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 40081 of the Education Code is amended to read:
40081. (a) The department shall develop or approve courses for
training school pupil activity bus (SPAB), transit bus, schoolbus,
and farm labor vehicle drivers that will provide them with the skills
and knowledge necessary to prepare them for certification pursuant
to Sections 12517, 12519, and 12804.6 of the Vehicle Code. The
department shall seek the advice and assistance of the Department of
Motor Vehicles and the Department of the California Highway Patrol in
developing or approving those courses.
(b) The department shall train or approve the necessary
instructional personnel to conduct the driver training courses. For
all schoolbus and school pupil activity bus (SPAB) driver instructor
training, the department shall provide for and approve the course
outline and lesson plans used in the course. For transit bus and farm
labor vehicle driver training, the department shall approve the
course outline and lesson plans used in the course.
(c) All courses of study and training activities required by this
article shall be approved by the department and given by, or in the
presence of, an instructor in possession of a valid school pupil
activity bus (SPAB), transit bus, schoolbus, or farm labor vehicle
driver instructor certificate of the appropriate class.
(d) As an alternative to subdivisions (a), (b), and (c),
instructors who have received a certificate from the Transportation
Safety Institute of the United States Department of Transportation
indicating that they have completed the Mass Transit Instructor
Orientation and Training (Train-the-Trainer) course may approve
courses of instruction and train transit bus drivers in order to meet
the requirements for certification pursuant to Section 12804.6 of
the Vehicle Code.
(e) On or before January 1, 2010, the department, in consultation
with the Department of Motor Vehicles and the Department of the
California Highway Patrol, shall review and, if necessary, revise its
training courses and requirements for drivers of vehicles described
in subdivision (k) of Section 545 of the Vehicle Code. The review
shall address the course content and the minimum number of hours
required for classroom instruction and behind-the-wheel training in
order to ensure that drivers of those vehicles are trained in a
manner that is appropriate for the type of vehicle they will be
driving to transport pupils in a safe manner.
SEC. 2. Section 5384.2 is added to the Public Utilities Code, to
read:
5384.2. A school, school district, or the state is not liable for
transportation services provided by an operator of a charter-party
carrier operating a motor vehicle as specified in subdivision (k) of
Section 545 of the Vehicle Code for which the school or school
district has not contracted, arranged, or otherwise provided.
SEC. 3. Section 545 of the Vehicle Code is amended to read:
545. A "schoolbus" is a motor vehicle designed, used, or
maintained for the transportation of any school pupil at or below the
12th-grade level to or from a public or private school or to or from
public or private school activities, except the following:
(a) A motor vehicle of any type carrying only members of the
household of the owner of the vehicle.
(b) A motortruck transporting pupils who are seated only in the
passenger compartment, or a passenger vehicle designed for and
carrying not more than 10 persons, including the driver, unless the
vehicle or truck is transporting two or more disabled pupils confined
to wheelchairs.
(c) A motor vehicle operated by a common carrier, or by and under
the exclusive jurisdiction of a publicly owned or operated transit
system, only during the time it is on a scheduled run and is
available to the general public, or on a run scheduled in response to
a request from a disabled pupil confined to a wheelchair, or from a
parent of the disabled pupil, for transportation to or from nonschool
activities, and the motor vehicle is designed for and actually
carries not more than 16 persons including the driver, is available
to eligible persons of the general public, and the school does not
provide the requested transportation service.
(d) A school pupil activity bus.
(e) A motor vehicle operated by a carrier licensed by the
Interstate Commerce Commission which is transporting pupils on a
school activity entering or returning to the state from another state
or country.
(f) A youth bus.
(g) Notwithstanding any other provisions of this section, the
governing board of a district maintaining a community college may, by
resolution, designate any motor vehicle operated by or for the
district, a schoolbus within the meaning of this section, if it is
primarily used for the transportation of community college students
to or from a public community college or to or from public community
college activities. The designation shall not be effective until
written notification thereof has been filed with the Department of
the California Highway Patrol.
(h) A state-owned motor vehicle being operated by a state employee
upon the driveways, paths, parking facilities, or grounds specified
in Section 21113 that are under the control of a state hospital under
the jurisdiction of the State Department of Developmental Services
where the posted speed limit is not more than 20 miles per hour. The
motor vehicle may also be operated for a distance of not more than
one-quarter mile upon a public street or highway that runs through
the grounds of a state hospital under the jurisdiction of the State
Department of Developmental Services, if the posted speed limit on
the public street or highway is not more than 25 miles per hour and
if all traffic is regulated by posted stop signs or official traffic
control signals at the points of entry and exit by the motor vehicle.
(i) A general public paratransit vehicle, if the general public
paratransit vehicle does not duplicate existing schoolbus service,
does not transport a public school pupil at or below the 12th grade
level to a destination outside of that pupil's school district, and
is not used to transport public school pupils in areas where
schoolbus services were available during the 1986-87 school year. In
areas where expanded school services require expanded transportation
of public school pupils, as determined by the governing board of a
school district, general public paratransit vehicles shall not be
used to transport those pupils for a period of three years from the
date that a need for expansion is identified. For purposes of this
section, a pupil is defined as a student at or below the 12th grade
level who is being transported to a mandated school activity.
(j) A schoolbus with the flashing red light signal system, the
amber warning system, and the schoolbus signs covered, while being
used for transportation of persons other than pupils, to or from
school or school related activities.
(k) A motor vehicle, other than a motor vehicle described in
subdivision (b), that is designed to carry not more than 25 persons
including the driver, while being used for the transportation of
pupils to or from school-related activities if the vehicle is
operated by a passenger charter-party carrier certified and licensed
by the Public Utilities Commission pursuant to Chapter 8 (commencing
with Section 5351) of Division 2 of the Public Utilities Code that is
not under a contractual agreement with a school or school district,
and the transportation does not duplicate schoolbus service or any
other transportation services for pupils contracted, arranged, or
otherwise provided by the school or school district.
SEC. 4. Section 12517.45 is added to the Vehicle Code, to read:
12517.45. (a) A person shall not operate a motor vehicle
described in subdivision (k) of Section 545 while transporting school
pupils at or below the 12th-grade level to or from a public or
private school or to or from public or private school activities,
unless all of the following requirements are met:
(1) The person has in his or her immediate possession all of the
following:
(A) A valid driver's license of a class appropriate to the vehicle
driven and that is endorsed for passenger transportation.
(B) Either a certificate to drive a schoolbus as described in
Section 40082 of the Education Code, or a certificate to drive a
school pupil activity bus as described in Section 40083 of the
Education Code, issued by the department in accordance with
eligibility and training requirements specified by the department,
the State Department of Education, and the Department of the
California Highway Patrol.
(C) A parental authorization form for each pupil signed by a
parent or a legal guardian of the pupil that gives permission for
that pupil to be transported to or from the school or school-related
activity.
(2) (A) The motor vehicle has passed an annual inspection
conducted by the Department of the California Highway Patrol and is
in compliance with the charter-party carrier's responsibilities under
Section 5374 of the Public Utilities Code.
(B) The Department of the California Highway Patrol may charge a
charter-party carrier a reasonable fee sufficient to cover the costs
incurred by the Department of the California Highway Patrol in
conducting the annual inspection of a motor vehicle.
(b) A driver of a motor vehicle described in subdivision (k) of
Section 545 shall comply with the duties specified in subdivision (a)
of Section 5384.1 of the Public Utilities Code.
SEC. 5. Section 40000.11 of the Vehicle Code is amended to read:
40000.11. A violation of any of the following provisions is a
misdemeanor, and not an infraction:
(a) Division 5 (commencing with Section 11100), relating to
occupational licensing and business regulations.
(b) Section 12500, subdivision (a), relating to unlicensed
drivers.
(c) Section 12515, subdivision (b), relating to persons under 21
years of age driving, and the employment of those persons to drive,
vehicles engaged in interstate commerce or transporting hazardous
substances or wastes.
(d) Section 12517, relating to a special driver's certificate to
operate a schoolbus or school pupil activity bus.
(e) Section 12517.45, relating to a special driver's certificate
and vehicle inspection for the transportation of pupils to or from
school-related activities by a passenger charter-party carrier as
defined in subdivision (k) of Section 545.
(f) Section 12519, subdivision (a), relating to a special driver's
certificate to operate a farm labor vehicle.
(g) Section 12520, relating to a special driver's certificate to
operate a tow truck.
(h) Section 12804, subdivision (d), relating to medical
certificates.
(i) Section 12951, subdivision (b), relating to refusal to display
license.
(j) Section 13004, relating to unlawful use of an identification
card.
(k) Section 13004.1, relating to identification documents.
(l) Sections 14601, 14601.1, 14601.2, and 14601.5, relating to
driving with a suspended or revoked driver's license.
(m) Section 14604, relating to unlawful use of a vehicle.
(n) Section 14610, relating to unlawful use of a driver's license.
(o) Section 14610.1, relating to identification documents.
(p) Section 15501, relating to use of false or fraudulent license
by a minor.
SEC. 6. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.