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H. B. No. 557 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Fedor, Murray, Fende, Milkovich
A BILL
To amend sections 4511.63, 4511.76, 4511.761,
4511.762, 4511.764, 4511.77, and 4511.79 and to
enact section 4511.765 of the Revised Code to
establish inspection and repair standards for
wheelchair lifts installed on vehicles used for
pupil transportation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4511.63, 4511.76, 4511.761,
4511.762, 4511.764, 4511.77, and 4511.79 be amended and section
4511.765 of the Revised Code be enacted to read as follows:
Sec. 4511.63. (A) Except as provided in division (B) of this
section, the operator of any bus, any school vehicle, or any
vehicle transporting a material or materials required to be
placarded under 49 C.F.R. Parts 100-185, before crossing at grade
any track of a railroad, shall stop the vehicle and, while so
stopped, shall listen through an open door or open window and look
in both directions along the track for any approaching train, and
for signals indicating the approach of a train, and shall proceed
only upon exercising due care after stopping, looking, and
listening as required by this section. Upon proceeding, the
operator of such a vehicle shall cross only in a gear that will
ensure there will be no necessity for changing gears while
traversing the crossing and shall not shift gears while crossing
the tracks.
(B) This section does not apply at grade crossings when the
public utilities commission has authorized and approved an exempt
crossing as provided in this division.
(1) Any local authority may file an application with the
commission requesting the approval of an exempt crossing. Upon
receipt of such a request, the commission shall authorize a
limited period for the filing of comments by any party regarding
the application and then shall conduct a public hearing in the
community seeking the exempt crossing designation. The commission
shall provide appropriate prior public notice of the comment
period and the public hearing. By registered mail, the commission
shall notify each railroad operating over the crossing of the
comment period.
(2) After considering any comments or other information
received, the commission may approve or reject the application. By
order, the commission may establish conditions for the exempt
crossing designation, including compliance with division (b) of 49
C.F.R. Part 392.10, when applicable. An exempt crossing
designation becomes effective only when appropriate signs giving
notice of the exempt designation are erected at the crossing as
ordered by the commission and any other conditions ordered by the
commission are satisfied.
(3) By order, the commission may rescind any exempt crossing
designation made under this section if the commission finds that a
condition at the exempt crossing has changed to such an extent
that the continuation of the exempt crossing designation
compromises public safety. The commission may conduct a public
hearing to investigate and determine whether to rescind the exempt
crossing designation. If the commission rescinds the designation,
it shall order the removal of any exempt crossing signs and may
make any other necessary order.
(C) As used in this section:
(1) "School vehicle" means any vehicle used for the
transportation of pupils to and from a school or school-related
function if the vehicle is owned or operated by, or operated under
contract with, a public or nonpublic school.
(2) "Bus" means any vehicle originally designed by its
manufacturer to transport sixteen or more passengers, including
the driver, or carries sixteen or more passengers, including the
driver.
(3) "Exempt crossing" means a highway rail grade crossing
authorized and approved by the public utilities commission under
division (B) of this section at which vehicles may cross without
making the stop otherwise required by this section.
(D) Except as otherwise provided in this division, whoever
violates this section is guilty of a minor misdemeanor. If the
offender previously has been convicted of or pleaded guilty to one
or more violations of this section or section 4511.76, 4511.761,
4511.762, 4511.764, 4511.765, 4511.77, or 4511.79 of the Revised
Code or a municipal ordinance that is substantially similar to any
of those sections, whoever violates this section is guilty of a
misdemeanor of the fourth degree.
Sec. 4511.76. (A)(1) The department of public safety, by and
with the advice of the superintendent of public instruction, shall
adopt and enforce rules relating to the construction, design, and
equipment, including lighting equipment required by section
4511.771 of the Revised Code, of all school buses both publicly
and privately owned and operated in this state.
(B)(2) The department of education, by and with the advice of
the director of public safety, shall adopt and enforce rules
relating to the operation of all vehicles used for pupil
transportation.
(B) The department of public safety shall adopt and enforce
rules related to the inspection of each wheelchair lift installed
on a vehicle used for pupil transportation. In adopting the rules,
the department may consult with any manufacturer of a wheelchair
lift that is installed on a vehicle used for pupil transportation.
The rules shall require each wheelchair lift installed on a
vehicle used for pupil transportation to be inspected by a person
certified by the original manufacturer of the wheelchair lift if
that manufacturer is available to certify inspectors for its
wheelchair lifts. The rules shall establish guidelines for
alternative certification of inspectors if a wheelchair lift
manufacturer is not available to certify inspectors for its
wheelchair lifts. The rules may establish standards to verify and
maintain certification of an inspector.
The department shall develop and provide the form to be used
by a certified inspector when attesting that a wheelchair lift
installed on a vehicle used for pupil transportation is in
compliance with the rules adopted under this section.
Inspection of a wheelchair lift on a vehicle used for pupil
transportation by a person certified as provided in rules adopted
under this section may be in addition to the state highway patrol
inspection of a wheelchair lift as part of a school bus inspection
under section 4511.761 of the Revised Code.
(C) No person shall operate a vehicle used for pupil
transportation within this state in violation of the rules of the
department of education or the department of public safety. No
person, being the owner thereof or having the supervisory
responsibility therefor, shall permit the operation of a vehicle
used for pupil transportation within this state in violation of
the rules of the department of education or the department of
public safety.
(D) The department of public safety shall adopt and enforce
rules relating to the issuance of a license under section 4511.763
of the Revised Code. The rules may relate to the moral character
of the applicant; the condition of the equipment to be operated;
the liability and property damage insurance carried by the
applicant; the posting of satisfactory and sufficient bond; and
such other rules as the director of public safety determines
reasonably necessary for the safety of the pupils to be
transported.
(E) As used in this section, "vehicle used for pupil
transportation" means any vehicle that is identified as such by
the department of education by rule and that is subject to Chapter
3301-83 of the Administrative Code.
(F) Except as otherwise provided in this division, whoever
violates this section is guilty of a minor misdemeanor. If the
offender previously has been convicted of or pleaded guilty to one
or more violations of this section or section 4511.63, 4511.761,
4511.762, 4511.764, 4511.765, 4511.77, or 4511.79 of the Revised
Code or a municipal ordinance that is substantially similar to any
of those sections, whoever violates this section is guilty of a
misdemeanor of the fourth degree.
Sec. 4511.761. (A) The state highway patrol shall inspect
every school bus to ascertain whether its construction, design,
and equipment comply with the regulations adopted pursuant to
section 4511.76 of the Revised Code and all other provisions of
law.
The superintendent of the state highway patrol shall adopt a
distinctive inspection decal not less than twelve inches in size,
and bearing the date of the inspection, which shall be affixed to
the outside surface of each side of each school bus which upon
such inspection is found to comply with the regulations adopted
pursuant to section 4511.76 of the Revised Code. The appearance of
said decal shall be changed from year to year as to shape and
color in order to provide easy visual inspection. No decal shall
be issued for a vehicle equipped with a wheelchair lift unless the
wheelchair lift has been inspected as required under section
4511.765 of the Revised Code and the certificate attesting to
compliance with the rules governing wheelchair lift inspection is
presented to the person conducting the school bus inspection under
this section.
No person shall operate, nor shall any person being the owner
thereof or having supervisory responsibility therefor permit the
operation of, a school bus within this state unless there are
displayed thereon the decals issued by the state highway patrol
bearing the proper date of inspection for the calendar year for
which the inspection decals were issued.
(B) Except as otherwise provided in this division, whoever
violates this section is guilty of a minor misdemeanor. If the
offender previously has been convicted of or pleaded guilty to one
or more violations of this section or section 4511.63, 4511.76,
4511.762, 4511.764, 4511.765, 4511.77, or 4511.79 of the Revised
Code or a municipal ordinance that is substantially similar to any
of those sections, whoever violates this section is guilty of a
misdemeanor of the fourth degree.
(C) Whenever a person is found guilty in a court of record of
a violation of this section, the trial judge, in addition to or
independent of all other penalties provided by law, may suspend
for any period of time not exceeding three years, or cancel the
license of any person, partnership, association, or corporation,
issued under section 4511.763 of the Revised Code.
Sec. 4511.762. (A) Except as provided in division (B) of
this section, no person who is the owner of a bus that previously
was registered as a school bus that is used or is to be used
exclusively for purposes other than the transportation of
children, shall operate the bus or permit it to be operated within
this state unless the bus has been painted a color different from
that prescribed for school buses by section 4511.77 of the Revised
Code and painted in such a way that the words "stop" and "school
bus" are obliterated.
(B) Any church bus that previously was registered as a school
bus and is registered under section 4503.07 of the Revised Code
may retain the paint color prescribed for school buses by section
4511.77 of the Revised Code if the bus complies with all of the
following:
(1) The words "school bus" required by section 4511.77 of the
Revised Code are covered or obliterated and the bus is marked on
the front and rear with the words "church bus" painted in black
lettering not less than ten inches in height;
(2) The automatically extended stop warning sign required by
section 4511.75 of the Revised Code is removed and the word "stop"
required by section 4511.77 of the Revised Code is covered or
obliterated;
(3) The flashing red and amber lights required by section
4511.771 of the Revised Code are covered or removed;
(4) The inspection decal required by section 4511.761 of the
Revised Code is covered or removed;
(5) The identification number assigned under section 4511.764
of the Revised Code and marked in black lettering on the front and
rear of the bus is covered or obliterated.
(C) Except as otherwise provided in this division, whoever
violates this section is guilty of a minor misdemeanor. If the
offender previously has been convicted of or pleaded guilty to one
or more violations of this section or section 4511.63, 4511.76,
4511.761, 4511.764, 4511.765, 4511.77, or 4511.79 of the Revised
Code or a municipal ordinance that is substantially similar to any
of those sections, whoever violates this section is guilty of a
misdemeanor of the fourth degree.
(D) Whenever a person is found guilty in a court of record of
a violation of this section, the trial judge, in addition to or
independent of all other penalties provided by law, may suspend
for any period of time not exceeding three years, or cancel the
license of any person, partnership, association, or corporation,
issued under section 4511.763 of the Revised Code.
Sec. 4511.764. (A) The superintendent of the state highway
patrol shall require school buses to be registered, in the name of
the owner, with the state highway patrol on forms and in
accordance with regulations as the superintendent may adopt.
When the superintendent is satisfied that the registration
has been completed, the superintendent shall assign an identifying
number to each school bus registered in accordance with this
section. The number so assigned shall be marked on the front and
rear of the vehicle in black lettering not less than six inches in
height and will remain unchanged as long as the ownership of that
vehicle remains the same.
No person shall operate, nor shall any person, being the
owner thereof or having supervisory responsibility therefor,
permit the operation of a school bus within this state unless
there is displayed thereon an identifying number in accordance
with this section.
(B) Except as otherwise provided in this division, whoever
violates this section is guilty of a minor misdemeanor. If the
offender previously has been convicted of or pleaded guilty to one
or more violations of section 4511.63, 4511.76, 4511.761,
4511.762, 4511.765, 4511.77, or 4511.79 of the Revised Code or a
municipal ordinance that is substantially similar to any of those
sections, whoever violates this section is guilty of a misdemeanor
of the fourth degree.
Sec. 4511.765. (A) In addition to annual inspection by the
state highway patrol under section 4511.761 of the Revised Code,
each wheelchair lift installed on a vehicle used for pupil
transportation shall be inspected annually by a person certified
as provided in rules of the department of public safety under
section 4511.76 of the Revised Code to ascertain whether its
construction, design, and equipment comply with rules adopted
under that section. For each wheelchair lift inspected and found
to be in compliance with rules adopted under section 4511.76 of
the Revised Code, the certified inspector shall sign a form
provided by the department of public safety attesting to the
compliance, which form shall be presented to the state highway
patrol whenever the vehicle is inspected under section 4511.761 of
the Revised Code.
(B) Any repair of a wheelchair lift on a vehicle used for
pupil transportation shall be made by a person certified as
provided in rules adopted under section 4511.76 of the Revised
Code. A person who is not certified may perform routine
maintenance on a wheelchair lift.
(C) No person shall operate, nor shall any person being the
owner thereof or having supervisory responsibility therefor,
permit the operation of, a vehicle used for pupil transportation
that is equipped with a wheelchair lift unless the wheelchair lift
has passed inspection as required by this section.
(D) Except as otherwise provided in this division, whoever
violates this section is guilty of a minor misdemeanor. If the
offender previously has been convicted of or pleaded guilty to one
or more violations of this section or section 4511.63, 4511.76,
4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the Revised
Code or a municipal ordinance that is substantially similar to any
of those sections, whoever violates this section is guilty of a
misdemeanor of the fourth degree.
(E) Whenever a person is found guilty in a court of record of
a violation of this section, the trial judge, in addition to or
independent of all other penalties provided by law, may suspend
for any period of time not exceeding three years, or cancel, the
license of any person, partnership, association, or corporation,
issued under section 4511.763 of the Revised Code.
Sec. 4511.77. (A) No person shall operate, nor shall any
person being the owner thereof or having supervisory
responsibility therefor permit the operation of, a school bus
within this state unless it is painted national school bus yellow
and is marked on both front and rear with the words "school bus"
in black lettering not less than eight inches in height and on the
rear of the bus with the word "stop" in black lettering not less
than ten inches in height.
(B) Except as otherwise provided in this division, whoever
violates this section is guilty of a minor misdemeanor. If the
offender previously has been convicted of or pleaded guilty to one
or more violations of this section or section 4511.63, 4511.76,
4511.761, 4511.762, 4511.764, 4511.765, or 4511.79 of the Revised
Code or a municipal ordinance that is substantially similar to any
of those sections, whoever violates this section is guilty of a
misdemeanor of the fourth degree.
(C) Whenever a person is found guilty in a court of record of
a violation of this section, the trial judge, in addition to or
independent of all other penalties provided by law, may suspend
for any period of time not exceeding three years, or cancel the
license of any person, partnership, association, or corporation,
issued under section 4511.763 of the Revised Code.
Sec. 4511.79. (A) No person shall drive a "commercial motor
vehicle" as defined in section 4506.01 of the Revised Code, or a
"commercial car" or "commercial tractor," as defined in section
4501.01 of the Revised Code, while the person's ability or
alertness is so impaired by fatigue, illness, or other causes that
it is unsafe for the person to drive such vehicle. No driver shall
use any drug which would adversely affect the driver's ability or
alertness.
(B) No owner, as defined in section 4501.01 of the Revised
Code, of a "commercial motor vehicle," "commercial car," or
"commercial tractor," or a person employing or otherwise directing
the driver of such vehicle, shall require or knowingly permit a
driver in any such condition described in division (A) of this
section to drive such vehicle upon any street or highway.
(C) Except as otherwise provided in this division, whoever
violates this section is guilty of a minor misdemeanor. If the
offender previously has been convicted of or pleaded guilty to one
or more violations of this section or section 4511.63, 4511.76,
4511.761, 4511.762, 4511.764, 4511.765, or 4511.77 of the Revised
Code or a municipal ordinance that is substantially similar to any
of those sections, whoever violates this section is guilty of a
misdemeanor of the fourth degree.
Section 2. That existing sections 4511.63, 4511.76, 4511.761,
4511.762, 4511.764, 4511.77, and 4511.79 of the Revised Code are
hereby repealed.
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