PRINTER'S NO. 1150
No. 1066 Session of 1993
INTRODUCED BY BROWN, SEMMEL, ULIANA, MERRY, KING, FARGO,
JADLOWIEC, LYNCH, HUTCHINSON, NYCE AND JAROLIN,
MARCH 29, 1993
REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 29, 1993
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, adding a definition of "school"; further defining
3 "school bus"; and further providing for school-chartered
4 buses.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. The definition of "school bus" in section 102 of
8 Title 75 of the Pennsylvania Consolidated Statutes, amended
9 December 18, 1992 (P.L. , No.174), is amended and the section
10 is amended by adding definitions to read:
11 § 102. Definitions.
12 Subject to additional definitions contained in subsequent
13 provisions of this title which are applicable to specific
14 provisions of this title, the following words and phrases when
15 used in this title shall have, unless the context clearly
16 indicates otherwise, the meanings given to them in this section:
17 * * *
18 "School." An institution for the education or training of
1 children, including, but not limited to, kindergartens,
2 rehabilitation centers and head start centers. The term does not
3 include:
4 (1) summer camps;
5 (2) Sunday schools or church schools limited exclusively
6 to religious instructions; or
7 (3) municipal parks and recreation day camps or
8 playground programs.
9 "School bus." A motor vehicle which:
10 (1) is designed to carry 11 passengers or more,
11 including the driver; and
12 (2) is used for the transportation of preprimary,
13 primary or secondary school students [to or from] primarily
14 between home and public, private or parochial schools or
15 events related to such schools [or school-related activities]
16 on a regular basis.
17 [The term does not include a motor vehicle used to transport
18 preprimary, primary or secondary school students to or from
19 public, private or parochial schools or events related to such
20 schools or school-related activities, which is designed to carry
21 11 to 15 passengers, including the driver, and which is
22 registered in this Commonwealth as a bus prior to March 1,
23 1993.]
24 The term does not include:
25 (1) A motor vehicle used to transport preprimary,
26 primary or secondary school students to or from public,
27 private or parochial schools or events related to such
28 schools or school-related activities, which is designed to
29 carry 11 to 15 passengers, including the driver, and which is
30 registered in this Commonwealth as a bus prior to March 1,
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1 1993.
2 (2) A mass transit vehicle.
3 (3) A school-chartered vehicle.
4 "School-chartered vehicle." A motor vehicle that is operated
5 under a short-term contract with State or school authorities who
6 have acquired the exclusive use of the vehicle at a fixed charge
7 to provide transportation for a group of students to a special
8 school-related event.
9 * * *
10 Section 2. Section 4553 of Title 75 is amended to read:
11 § 4553. General requirements for other vehicles transporting
12 school children.
13 (a) Buses operated by urban mass transportation systems.--
14 (1) Buses, other than school buses, operated by urban
15 mass transportation systems for the exclusive transportation
16 of school children shall comply with Federal safety standards
17 and such other safety regulations as the Pennsylvania Public
18 Utility Commission and the department shall provide for such
19 buses.
20 (2) Buses, other than school buses, operated by urban
21 mass transportation systems for the exclusive or nonexclusive
22 transportation of school children may, at the option of the
23 urban mass transportation system, be equipped with flashing
24 red and amber lights and may be identified by appropriate
25 labeling as carrying school children. This equipment and
26 identifying labels shall conform to those regulations which
27 may be issued by the department under this paragraph.
28 Notwithstanding any other provision of law, buses which are
29 operated by urban mass transportation systems and which are
30 equipped and identified in accordance with this paragraph,
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1 shall be considered school buses for purposes of section
2 3345(a), (b), (c), (d), (e), (f), (g) and (j) (relating to
3 meeting or overtaking school bus). The department may issue
4 those regulations it deems appropriate to implement this
5 paragraph.
6 (b) School-chartered bus.--In addition to school buses,
7 school-chartered buses that are operated by a person holding a
8 certificate of the Pennsylvania Public Utility Commission or the
9 Interstate Commerce Commission may be used under a short-term
10 contract with a school which has acquired the exclusive use of
11 the vehicle at a fixed charge to provide transportation of
12 school children to a special school-related event. A school-
13 chartered vehicle may be used without restriction for the
14 transportation of school children with special needs, as may be
15 necessary to make reasonable accommodations under the Americans
16 with Disabilities Act of 1990 (Public Law 101-336, 104 Stat.
17 327).
18 [(b)] (c) Other vehicles.--A motor vehicle used to transport
19 children to or from school or in connection with school
20 activities, which is not a school bus because of its limited
21 seating capacity, shall comply with regulations established by
22 the department for such vehicles. Unless required by Federal law
23 or regulation, the regulations established by the department
24 shall not require vehicles which pick up and discharge school
25 children only at locations off the highway to be of any
26 particular color or to display flashing red and amber lights.
27 Section 3. This act shall take effect immediately.
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