Report Title:
School Buses
Description:
Restricts DOT's authority to grant exemptions to use motorcoaches rather than school buses for purposes such as obtaining extra undercarriage storage or the use of a public address system, and allows motorcoach use only when compliance with the law is impossible rather than impractical.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
467 |
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TWENTY-FIRST LEGISLATURE, 2001 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to school buses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the physical safety of Hawaii's school students while being transported is put at risk when motorcoaches rather than school buses are used. In Hawaii, motorcoaches may be used under certain circumstances to transport middle, intermediate, and high school students to and from school-related activities and events.
However, modern motorcoaches are not subject to the same stringent safety standards that school buses are mandated to meet. For example, motorcoaches need not meet:
(1) Minimum roof strength requirements for rollover protection;
(2) Minimum body panel joint strength requirements to improve structural integrity of the passenger compartment and to prevent lacerative injuries caused by sharp edges;
(3) Seating, restraining barrier, and impact zone requirements to provide occupant protection;
(4) Fuel system integrity requirements to prevent fuel loss in crashes; and
(5) Interior burn resistance requirements for materials used in the occupant compartment to reduce deaths and injuries caused by fires.
The purpose of this Act is to restrict the department of transportation's authority to grant exemptions to use motorcoaches rather than school buses for purposes such as obtaining extra undercarriage storage or the use of a public address system, and to allow motorcoach use only when compliance with the law is impossible rather than impractical.
SECTION 2. Section 286-181, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (b) to read:
"(b) The department of transportation [shall] may grant exemptions for the use of vehicles other than school vehicles when the department finds that compliance with this section is:
(1) [Impractical] Impossible due to the unavailability of school vehicles; or
(2) Impractical due to economic factors.
No exemption shall be granted for the qualifications of individuals driving a bus as defined in section 286-2 and such individuals shall meet school vehicle driver qualifications."
2. By amending subsection (i) to read:
"(i) As used in subsection (b), a school vehicle is unavailable only when it:
(1) Is being used during a specific time for contracted school-related transportation to and from school or related destinations;
(2) Fails that day's inspection and has not been repaired;
(3) Is already in transportation service; or
(4) Is committed for transportation service[; or
(5) Does not meet the requests of a school for a motorcoach with undercarriage storage compartments and public address system; provided that the use of the motorcoach shall be used solely for the transportation of middle, intermediate, or high school student groups to and from school-related events or activities. As used in this paragraph, "motorcoach" means a vehicle that carries more than twenty-five passengers, has a gross vehicle weight rating of at least 26,000 pounds, and is no more than fifteen years old]."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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