Sponsored by:
Senator JAMES BEACH
District 6 (Burlington and Camden)
Senator VINCENT J. POLISTINA
District 2 (Atlantic)
Co-Sponsored by:
Senators Space, Diegnan, Gopal and Holzapfel
SYNOPSIS
Permits certain persons to operate Type S school buses.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning school transportation, supplementing Title 39 of the Revised Statutes, and amending various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. As used in this section:
Type S school bus means a motor vehicle that: (1) is operated by, or under contract with, a public school, nonpublic school, charter school, renaissance school, or approved private school for students with disabilities for the transportation of students to and from school for secular or religious education and for school-related activities; and (2) has a gross vehicle weight rating of 3,000 pounds or more, which vehicle was originally designed by the manufacturer with a maximum seating capacity of nine passengers or less, excluding the driver.
Type S School Bus Certificate or certificate means a certificate, issued and recorded by the New Jersey Motor Vehicle Commission, obtained by an individual who has successfully completed certain requirements as established by the New Jersey Motor Vehicle Commission pursuant to subsection b. of this section.
b. A person who meets all of the following requirements shall be eligible to obtain a Type S school bus certificate from the New Jersey Motor Vehicle Commission:
(1) is at least 21 years old;
(2) has held a valid basic drivers license for a minimum of three years;
(3) has passed a physical and eye examination;
(4) has completed and passed a knowledge examination pursuant to R.S.39:3-10.1;
(5) has completed the training program established in accordance with P.L.2015, c.123 (C.18A:39-19.2 et seq.) on appropriate procedures for interacting with students with special needs; and
(6) has completed any other conditions as determined by the Chief Administrator of the New Jersey Motor Vehicle Commission in collaboration with the Commissioner of Education.
c. Notwithstanding any other law, rule, or regulation to the contrary, the holder of a valid non-commercial basic drivers license and a certificate may operate a Type S school bus to transport children to and from school for secular or religious education and for school-related activities and shall not be required to obtain a commercial driver license, passenger endorsement, or school bus endorsement.
d. A school bus driver or driver as referenced in the following provisions of law shall include a person who drives a Type S school bus pursuant to this section:
(1) N.J.S.18A:25-2;
(2) section 13 of P.L.1998, c.31 (C.18A:6-7.2a);
(3) N.J.S.18A:39-17;
(4) N.J.S.18A:39-18;
(5) section 6 of P.L.1989, c.104 (C.18A:39-19.1);
(6) section 1 of P.L.2018, c.160 (C.18A:39-19.1a);
(7) P.L.2015, c.123 (C.18A:39-19.2 et seq.);
(8) section 1 of P.L.2018, c.152 (C.18A:39-19.6);
(9) N.J.S.18A:39-20;
(10) P.L.2003, c.19 (C.18A:39-26 et seq.);
(11) section 1 of P.L.2007, c.77 (C.18A:39-28);
(12) section 6 of P.L.2009, c.131 (C.18A:40-12.16);
(13) section 9 of P.L.2009, c.131 (C.18A:40-12.19);
(14) section 3 of P.L.2019, c.290 (C.18A:40-12.36);
(15) section 5 of P.L.2019, c.290 (C.18A:40-12.38);
(16) section 2 of P.L.1975, c.284 (C.39:3-10.1a);
(17) section 6 of P.L.2003, c.66 (C.39:3-10.32); and
(18) section 1 of P.L.2002, c.120 (C.39:3B-25).
2. Section 1 of P.L.2017, c.347 (C.2C:40-26.1) is amended to read as follows:
1. a. For the purposes of this section, ["school]:
School bus" shall have the meaning set forth in R.S.39:1-1.
Type S school bus shall have the meaning set forth in section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. A person, knowingly operating a school bus or Type S school bus transporting one or more students, while that person's driving privileges have been suspended or revoked shall be guilty of a crime of the fourth degree.
c. A person, knowingly operating a school bus or Type S school bus while that person's driving privileges have been suspended or revoked, who is involved in an accident resulting in bodily injury to another person shall be guilty of a crime of the third degree.
(cf: P.L.2017, c.347, s.1)
3. Section 2 of P.L.2017, c.347 (C.18A:39-19.5) is amended to read as follows:
2. a. The Chief Administrator of the New Jersey Motor Vehicle Commission shall revoke for life the passenger endorsement on the commercial driver's license of a person convicted of a violation of subsection b. or subsection c. of section 1 of P.L.2017, c.347 (C.2C:40-26.1).
b. The chief administrator shall revoke for life the special license issued pursuant to R.S.39:3-10.1, or the Type S school bus certificate issued pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), to a person convicted of a violation of subsection b. or subsection c. of section 1 of P.L.2017, c.347 (C.2C:40-26.1).
(cf: P.L.2017, c.347, s.2)
4. Section 2 of P.L.2007, c.77 (C.18A:39-29) is amended to read as follows:
2. a. In the event that, after notice and opportunity to be heard, a school bus driver or driver of a Type S school bus pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) is found to have left a pupil on the school bus or a Type S school bus as defined in section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), at the end of [his] the drivers route, [his] the drivers school bus endorsement or Type S school bus certificate, in the case of a Type S school bus driver, shall be:
(1) suspended for six months, for a first offense; or
(2) permanently revoked, for a second offense.
b. In the event of a suspension of a Type S school bus certificate pursuant to this section, the driver shall complete a 10 hour training course approved by the chief administrator, of which, two hours shall include instruction on post-trip inspection procedures. The training required pursuant to this subsection shall be completed before the drivers Type S school bus certificate is reinstated.
(cf: P.L.2007, c.77, s.2)
5. Section 3 of P.L.2007, c.77 (C.18A:39-30) is amended to read as follows:
3. In the event that a pupil, who was left on a bus by a school bus driver at the end of the route, including a pupil who is left on a Type S school bus as defined in section 1 of P.L. , c. (C.