BILL NUMBER: AB 1573 CHAPTERED 10/10/99 CHAPTER 647 FILED WITH SECRETARY OF STATE OCTOBER 10, 1999 APPROVED BY GOVERNOR OCTOBER 5, 1999 PASSED THE ASSEMBLY SEPTEMBER 9, 1999 PASSED THE SENATE SEPTEMBER 7, 1999 AMENDED IN SENATE AUGUST 31, 1999 AMENDED IN SENATE AUGUST 18, 1999 AMENDED IN SENATE JULY 13, 1999 AMENDED IN SENATE JUNE 28, 1999 INTRODUCED BY Assembly Member Strom-Martin (Principal coauthors: Senators Monteith and Morrow) (Coauthors: Senators Alpert and Johnston) FEBRUARY 26, 1999 An act to amend and renumber Section 38048 of the Education Code, and to amend Sections 22112 and 22454 of the Vehicle Code, relating to vehicles, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 1573, Strom-Martin. Vehicles: schoolbuses. (1) Existing law requires that pupils, as prescribed, who receive home-to-school transportation, receive specified schoolbus safety instruction once each school year. This bill would add a specified training subject to the required safety instruction. (2) Existing law exempts a schoolbus driver from the flashing red signal lights and stop signal arm requirements at locations identified by a school district, in consultation with the Department of the California Highway Patrol, that are determined to present a unique traffic hazard due to roadway design or proximity to an intersection, or where special education pupils are boarding or pupils may require assistance to board or unload the schoolbus or school pupil activity bus. This bill, instead, would exempt a schoolbus driver from the flashing red signal lights and stop signal arm requirements at specified locations, including locations determined by a school district, with the approval of the department, to present a traffic or safety hazard, and excluding locations where pupils are loading or unloading from a schoolbus and must cross a highway or private road upon which the schoolbus is stopped. (3) This bill would authorize the Department of the California Highway Patrol to impose the above described signal requirements, as specified, at any location where the department determines that the activation is necessary for the safety of school pupils loading or unloading from schoolbuses. Because a violation of this department-imposed requirement would be a crime, the bill would impose a state-mandated local program by expanding the scope of an existing crime. (4) Existing law provides that the driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a schoolbus that is upon the other roadway. This bill would recast this provision to provide that a driver of a vehicle upon a divided highway or multiple-lane highway, as defined, need not stop upon meeting or passing a schoolbus that is upon the other roadway. (5) Existing law provides that the driver of a vehicle need not stop upon meeting or passing a schoolbus that is stopped at an intersection or place where traffic is controlled, as specified. This bill would delete that provision. (6) Existing law requires a schoolbus driver to undertake certain courses of action when the bus is stopped on a highway or private road for the purpose of loading or unloading pupils at a location where traffic is not controlled by a traffic officer or official traffic control signal. This bill would delete the official traffic control signal exception for certain of those courses of action. Because this would have the effect of expanding the scope of an existing crime, the bill would impose a state-mandated local program. (7) The bill would require the Department of the California Highway Patrol to undertake a specific study regarding flashing red lights and stop signal arms and to report the results of that study to the Legislature on or before January 1, 2005. (8) This bill would incorporate additional changes in Section 38048 of the Education Code proposed by AB 15, to become operative only if both bills are enacted and become operative on or before January 1, 2000, and this bill is enacted last. (9) 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. (10) The bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 38048 of the Education Code is amended and renumbered to read: 39831.5. (a) All pupils in prekindergarten, kindergarten, and grades 1 to 12, inclusive, in public or private school who are transported in a schoolbus or school pupil activity bus shall receive instruction in schoolbus emergency procedures and passenger safety. The county superintendent of schools, superintendent of the school district, or owner/operator of a private school, as applicable, shall ensure that the instruction is provided as follows: (1) Upon registration, the parents or guardians of all pupils not previously transported in a schoolbus or school pupil activity bus and who are in prekindergarten, kindergarten, and grades 1 to 6, inclusive, shall be provided with written information on schoolbus safety. The information shall include, but not be limited to, all of the following: (A) A list of schoolbus stops near each pupil's home. (B) General rules of conduct at schoolbus loading zones. (C) Red light crossing instructions. (D) Schoolbus danger zone. (E) Walking to and from schoolbus stops. (2) At least once in each school year, all pupils in prekindergarten, kindergarten, and grades 1 to 8, inclusive, who receive home-to-school transportation shall receive safety instruction that includes, but is not limited to, proper loading and unloading procedures, including escorting by the driver and how to safely cross the street, highway, or private road, proper passenger conduct, bus evacuation, and location of emergency equipment. Instruction also may include responsibilities of passengers seated next to an emergency exit. As part of the instruction, pupils shall evacuate the schoolbus through emergency exit doors. (3) Prior to departure on a school activity trip, all pupils riding on a schoolbus or school pupil activity bus shall receive safety instruction which includes, but is not limited to, location of emergency exits, and location and use of emergency equipment. Instruction also may include responsibilities of passengers seated next to an emergency exit. (b) The following information shall be documented each time the instruction required by paragraph (2) of subdivision (a) is given: (1) Name of school district, county office of education, or private school. (2) Name and location of school. (3) Date of instruction. (4) Names of supervising adults. (5) Number of pupils participating. (6) Grade levels of pupils. (7) Subjects covered in instruction. (8) Amount of time taken for instruction. (9) Bus driver's name. (10) Bus number. (11) Additional remarks. The information recorded pursuant to this subdivision shall remain on file at the district or county office, or at the school, for one year from the date of the instruction, and shall be subject to inspection by the Department of the California Highway Patrol. SEC. 1.5. Section 38048 of the Education Code is amended and renumbered to read: 39831.5. (a) All pupils in prekindergarten, kindergarten, and grades 1 to 12, inclusive, in public or private school who are transported in a schoolbus or school pupil activity bus shall receive instruction in schoolbus emergency procedures and passenger safety. The county superintendent of schools, superintendent of the school district, or owner/operator of a private school, as applicable, shall ensure that the instruction is provided as follows: (1) Upon registration, the parents or guardians of all pupils not previously transported in a schoolbus or school pupil activity bus and who are in prekindergarten, kindergarten, and grades 1 to 6, inclusive, shall be provided with written information on schoolbus safety. The information shall include, but not be limited to, all of the following: (A) A list of schoolbus stops near each pupil's home. (B) General rules of conduct at schoolbus loading zones. (C) Red light crossing instructions. (D) Schoolbus danger zone. (E) Walking to and from schoolbus stops. (2) At least once in each school year, all pupils in prekindergarten, kindergarten, and grades 1 to 8, inclusive, who receive home-to-school transportation shall receive safety instruction that includes, but is not limited to, proper loading and unloading procedures, including escorting by the driver, how to safely cross the street, highway, or private road, instruction on the use of passenger restraint systems, as described in paragraph (3), proper passenger conduct, bus evacuation, and location of emergency equipment. Instruction also may include responsibilities of passengers seated next to an emergency exit. As part of the instruction, pupils shall evacuate the schoolbus through emergency exit doors. (3) Instruction on the use of passenger restraint systems shall include, but not be limited to, all of the following: (A) Proper fastening and release of the passenger restraint system. (B) Acceptable placement of passenger restraint systems on pupils. (C) Times at which the passenger restraint systems should be fastened and released. (D) Acceptable placement of the passenger restraint systems when not in use. (4) Prior to departure on a school activity trip, all pupils riding on a schoolbus or school pupil activity bus shall receive safety instruction that includes, but is not limited to, location of emergency exits, and location and use of emergency equipment. Instruction also may include responsibilities of passengers seated next to an emergency exit. (b) The following information shall be documented each time the instruction required by paragraph (2) of subdivision (a) is given: (1) Name of school district, county office of education, or private school. (2) Name and location of school. (3) Date of instruction. (4) Names of supervising adults. (5) Number of pupils participating. (6) Grade levels of pupils. (7) Subjects covered in instruction. (8) Amount of time taken for instruction. (9) Bus driver's name. (10) Bus number. (11) Additional remarks. The information recorded pursuant to this subdivision shall remain on file at the district or county office, or at the school, for one year from the date of the instruction, and shall be subject to inspection by the Department of the California Highway Patrol. SEC. 2. Section 22112 of the Vehicle Code is amended to read: 22112. (a) On approach to a schoolbus stop where pupils are loading or unloading from a schoolbus, the driver of the schoolbus shall activate an approved flashing amber light warning system, if the schoolbus is so equipped, beginning 200 feet before the schoolbus stop. The driver shall operate the flashing red signal lights and stop signal arm, as required on the schoolbus, at all times when the schoolbus is stopped for the purpose of loading or unloading pupils. The flashing red signal lights, amber warning lights, and stop signal arm system shall not be operated at any place where traffic is controlled by a traffic officer. The schoolbus flashing red signal lights, amber warning lights, and stop signal arm system shall not be operated at any other time. (b) The driver shall stop to load or unload pupils only at a schoolbus stop designated for pupils by the school district superintendent or authorized by the superintendent for school activity trips. (c) When a schoolbus is stopped on a highway or private road for the purpose of loading or unloading pupils, at a location where traffic is not controlled by a traffic officer, the driver shall do all of the following: (1) Check for approaching traffic in all directions and activate the flashing red light signal system and stop signal arm, as defined in Section 25257, if equipped with a stop signal arm. (2) Before opening the door, ensure that the flashing red signal lights and stop signal arm are activated, and that it is safe to exit the schoolbus. (d) When a schoolbus is stopped on a highway or private road for the purpose of loading or unloading pupils, at a location where traffic is not controlled by a traffic officer or official traffic control signal, the driver shall do all of the following: (1) Escort all pupils in prekindergarten, kindergarten, or any of grades 1 to 8, inclusive, who need to cross the highway or private road. The driver shall use an approved hand-held "STOP" sign while escorting all pupils. (2) Require all pupils to walk in front of the bus as they cross the highway or private road. (3) Ensure that all pupils who need to cross the highway or private road have crossed safely, and that all other unloaded pupils and pedestrians are a safe distance from the schoolbus and it is safe to move before setting the schoolbus in motion. (e) Except at a location where pupils are loading or unloading from a schoolbus and must cross a highway or private road upon which the schoolbus is stopped, the flashing red signal lights and stop signal arm requirements imposed by this section do not apply to a schoolbus driver at any of the following locations: (1) Schoolbus loading zones on or adjacent to school grounds or during an activity trip, if the schoolbus is lawfully parked. (2) Where the schoolbus is disabled due to mechanical breakdown. (3) Where pupils require assistance to board or leave the schoolbus. (4) Where the roadway surface on which the bus is stopped is partially or completely covered by snow or ice and requiring traffic to stop would pose a safety hazard. (5) On a state highway with a posted speed limit of 55 miles per hour or higher where the schoolbus is completely off the main traveled portion of the highway. (6) Any location determined by a school district, with the approval of the Department of the California Highway Patrol, to present a traffic or safety hazard. (f) Notwithstanding subdivisions (a) to (d), inclusive, the Department of the California Highway Patrol may require the activation of an approved flashing amber light warning system, if the schoolbus is so equipped, or the flashing red signal light and stop signal arm, as required on the schoolbus, at any location where the department determines that the activation is necessary for the safety of school pupils loading or unloading from a schoolbus. SEC. 3. Section 22454 of the Vehicle Code is amended to read: 22454. (a) The driver of any vehicle, upon meeting or overtaking, from either direction, any schoolbus equipped with signs as required in this code, that is stopped for the purpose of loading or unloading any schoolchildren and displays a flashing red light signal and stop signal arm, as defined in paragraph (4) of subdivision (b) of Section 25257, if equipped with a stop signal arm, visible from front or rear, shall bring the vehicle to a stop immediately before passing the schoolbus and shall not proceed past the schoolbus until the flashing red light signal and stop signal arm, if equipped with a stop signal arm, cease operation. (b) (1) The driver of a vehicle upon a divided highway or multiple-lane highway need not stop upon meeting or passing a schoolbus that is upon the other roadway. (2) For the purposes of this subdivision, a multiple-lane highway is any highway that has two or more lanes of travel in each direction. (c) (1) If a vehicle was observed overtaking a schoolbus in violation of subdivision (a), and the driver of the schoolbus witnessed the violation, the driver may, within 24 hours, report the violation and furnish the vehicle license plate number and description and the time and place of the violation to the local law enforcement agency having jurisdiction of the offense. That law enforcement agency shall issue a letter of warning prepared in accordance with paragraph (2) with respect to the alleged violation to the registered owner of the vehicle. The issuance of a warning letter under this paragraph shall not be entered on the driving record of the person to whom it is issued, but does not preclude the imposition of any other applicable penalty. (2) The Attorney General shall prepare and furnish to every law enforcement agency in the state a form letter for purposes of paragraph (1), and the law enforcement agency may issue those letters in the exact form prepared by the Attorney General. The Attorney General may charge a fee to any law enforcement agency that requests a copy of the form letter to recover the costs of preparing and providing that copy. (d) This section also applies to a roadway upon private property. SEC. 4. The Department of the California Highway Patrol shall undertake a study of the effectiveness of requiring the drivers of schoolbuses to activate the buses' flashing red signal systems, and, if equipped, the stop signal arms. The report shall provide a detailed analysis on the impact of these systems and signal arms on reducing accidents, injuries, and deaths. Notwithstanding Section 7550.5 of the Government Code, the department shall submit the results of the study to the Legislature on or before January 1, 2005. SEC. 5. Section 1.5 of this bill incorporates amendments to Section 38048 of the Education Code proposed by both this bill and Assembly Bill 15. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2000, (2) each bill amends and renumbers Section 38048 of the Education Code, and (3) this bill is enacted after Assembly Bill 15, in which case Section 38048, as amended and renumbered by Section 1 of this bill, shall remain operative only until the operative date of AB 15, at which time Section 1.5 of this bill shall become operative. SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. SEC. 7. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to ensure, as soon as possible, that schoolbus drivers are required to activate flashing amber warning lights in a manner that prevents schoolbus accidents and safeguards students and the public, it is necessary that this act take effect immediately.