Bill Summary – FastDemocracy

67th Legislature                                                                                                       HB 267.1
                                                    HOUSE BILL NO. 267
                                                 INTRODUCED BY . DURAM
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   A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING LAWS RELATED TO APPROACHING
   AND PASSING SCHOOL BUSES; PROHIBITING A MOTOR VEHICLE FROM OVERTAKING A STOPPED
   SCHOOL BUS ON THE RIGHT; REQUIRING CERTAIN SIGNAGE; PROHIBITING A SCHOOL BUS FROM
   ACTUATING FLASHING RED LIGHTS WHEN THE BUS IS STOPPED OUTSIDE OF THE ROADWAY TO
   RECEIVE OR DISCHARGE SCHOOL CHILDREN; REQUIRING USE OF EXTENDED STOP ARMS;
   REQUIRING SCHOOL DISTRICT TRUSTEES TO APPROVE EACH BUS STOP THAT REQUIRES A
   SCHOOL CHILD TO CROSS THE STREET; REQUIRING A PERSON WHO OBSERVES CERTAIN
   VIOLATIONS TO REPORT THE VIOLATION TO THE COUNTY SHERIFF; PROVIDING PENALTIES; AND
   AMENDING SECTIONS 61-8-301 AND 61-8-351, MCA.”
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   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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              Section 1. Section 61-8-301, MCA, is amended to read:
              "61-8-301.    Reckless driving -- reckless endangerment of highway worker. (1) A person commits
   the offense of reckless driving if the person:
              (a)   operates a vehicle in willful or wanton disregard for the safety of persons or property; or
              (b)   operates a vehicle in willful or wanton disregard for the safety of persons or property while
   passing, in either direction, a school bus that has stopped and is displaying the visual flashing red signal, as
   provided in 61-8-351 and 61-9-402. This subsection (1)(b) does not apply to situations described in 61-8-351(6)
   (7).
              (2)   A municipality may enact and enforce 61-8-715 and subsection (1) of this section as an ordinance.
              (3)   A person who is convicted of the offense of reckless driving or of reckless endangerment of a
   highway worker is subject to the penalties provided in 61-8-715.
              (4)   (a) A person commits the offense of reckless endangerment of a highway worker if the person
   purposely, knowingly, or negligently drives a motor vehicle in a highway work zone in a manner that endangers
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67th Legislature                                                                                                    HB 267.1
   persons or property or if the person purposely removes, ignores, or intentionally strikes an official traffic control
   device in a work zone for reasons other than:
              (i)   avoidance of an obstacle;
              (ii) an emergency; or
              (iii) to protect the health and safety of an occupant of the vehicle or of another person.
              (b)   As used in this section:
              (i)   "highway worker" means an employee of the department of transportation, a local authority, a utility
   company, or a private contractor; and
              (ii) "work zone" has the meaning provided in 61-8-314."
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              Section 2. Section 61-8-351, MCA, is amended to read:
              "61-8-351.     Meeting or passing school bus -- vehicle operator liability for violation -- penalty. (1)
   Upon overtaking from either direction (a) When a school bus that has stopped on the highway or street to
   receive or discharge school children has actuated flashing red lights as specified in 61-9-402, a driver of a
   motor vehicle that is approaching the school bus from either direction:
              (a)   (i) shall stop the motor vehicle not less than approximately 30 feet before reaching the from the
   school bus when there is in operation on the bus a visual flashing red signal as specified in 61-9-402; and
              (b)(ii)   may not proceed until the children have entered the school bus or have alighted and reached
   the side of the highway or street and past the school bus until the school bus ceases operation of its visual
   flashing red signal lights.
              (b)   A driver of a motor vehicle may not overtake a stopped school bus on the right side of the school
   bus.
              (2)   The driver of a motor vehicle shall slow to a rate of speed that is reasonable under the conditions
   existing at the point of operation and must be prepared to stop when meeting or overtaking from either direction
   When a school bus that is preparing to stop on the highway or street to receive or discharge school children as
   indicated by has actuated flashing amber lights as specified in 61-9-402, a driver of a motor vehicle that is
   approaching the school bus from either direction shall slow to a rate of speed that is reasonable under the
   conditions existing at the point of operation and shall be prepared to stop on the actuation of flashing red lights
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67th Legislature                                                                                                       HB 267.1
   when the school bus has stopped.
              (3)   Each bus used for the transportation of school children must:
              (a)   bear upon the front and rear plainly visible signs containing the words "SCHOOL BUS" in letters
   not less than 8 inches in height; and, in addition,
              (b)   be equipped at the rear with a plainly visible sign that warns drivers of the violation and penalty
   provided for in subsection (9)(b).
              (4)   Each bus used for the transportation of school children must be equipped with visual signals
   meeting the requirements of 61-9-402. Amber flashing lights must be actuated by the driver approximately 150
   feet in cities and approximately 500 feet in other areas before the bus is stopped to receive or discharge school
   children on the highway or street. Red lights must be actuated by the driver of the school bus whenever but
   only whenever only when the school bus is stopped on the highway or street whether inside or outside the
   corporate limits of any city or town to receive or discharge school children. However, a
              (a)   A school district board of trustees may, in its discretion, adopt a policy prohibiting the operation of
   amber or red lights when a school bus is stopped at the school site to receive or discharge school children and
   the receipt or discharge does not involve street crossing by the children. The lights may not be operated in
   violation of that policy.
              (b)   If a school bus is stopped outside of the roadway and the school bus will receive or discharge
   school children in a location directly at the edge of the highway right-of-way, the school bus may not actuate the
   flashing red lights so long as the school children do not enter the highway right-of-way.
              (4)(5)   The requirements that a driver of a motor vehicle shall stop when a school bus receives or
   discharges school children under subsection (1) and the requirements that amber and red lights must be
   actuated by a school bus driver under subsection (3) do not apply when a school bus receives or discharges
   school children in a designated school bus pullout on a state highway. A designated school bus pullout must
   meet the following requirements:
              (a)   The pullout must be located on a roadway separated by a physical barrier, such as a guardrail,
   raised median, drainage ditch, or irrigation ditch.
              (b)   The separate roadway must be designed, constructed, and signed specifically for use by school
   buses, with sufficient space for safe ingress and egress from the main traveled way.
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67th Legislature                                                                                                     HB 267.1
              (c) The pullout must be approved by the local affected school district, by a resolution of the district
   trustees, and by the district superintendent as a mandatory school bus stop for receiving and discharging
   school childrenWhen a school bus route includes a bus stop that requires a school child to cross a roadway, the
   school bus must be equipped with an extended stop arm that partially obstructs the roadway. A school child
   may not cross a roadway to enter or exit from a school bus unless the roadway has been partially obstructed by
   the extended stop arm.
              (a)   The extended stop arm must be equipped with additional flashing red lights as specified in 61-9-
   402 and must be capable of extending a distance of at least 72 inches from the school bus at a height of not
   less than 24 inches and not more than 48 inches.
              (b)   The board of trustees shall approve each school bus stop that requires a school child to cross a
   roadway.
              (c)   A school bus that experiences a mechanical problem or an emergency that requires the school
   bus to stop at a nondesignated bus stop is not subject to the requirements of this subsection (5).
              (5)(6) When a school bus is being operated upon a highway for purposes other than the actual
   transportation of children either to or from school or for school functions, all markings on the bus indicating
   "SCHOOL BUS" must be covered or concealed.
              (6)(7)   The driver of a motor vehicle upon a highway with separate roadways need not stop upon
   meeting or passing a school bus that is on a different roadway or when upon a controlled-access highway and
   the school bus is stopped in a loading zone that is a part of or adjacent to the highway and where pedestrians
   are not permitted to cross the roadway.
              (7)(8)   (a) A person who observes a violation of this section may shall prepare a written, in addition to
   an oral, report indicating that a violation has occurred. The report may contain information concerning the
   violation, including:
              (i)   the time and approximate location at which the violation occurred;
              (ii) the license plate number and color of the motor vehicle involved in the violation;
              (iii) identification of the motor vehicle as a passenger car, truck, bus, motorcycle, or other type of motor
   vehicle; and
              (iv) a description of the person operating the motor vehicle when the violation occurred; and
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67th Legislature                                                                                                       HB 267.1
              (v)   if the school bus was equipped with a video recording system, a photograph of the motor vehicle
   that committed the violation.
              (b)   A report under subsection (7)(a) (8)(a) constitutes particularized suspicion under 46-5-401(1) that
   an operator of the vehicle committed a violation of this section.
              (c) The report must be delivered to the county sheriff's office. At the sheriff's discretion, the report may
   be transferred to the highway patrol. The report must be investigated by a peace officer, and the investigating
   officer shall contact the reporting party within 30 days to provide an update on the status or outcome of the
   investigation.
              (8)(9)   (a) Violation of subsection (1)(a) is punishable upon conviction by a fine of not more than $500.
              (b)   Violation of subsection (1)(b) is a misdemeanor and is punishable on conviction by a fine of not
   more than $1,000, by imprisonment for not more than 6 months, or both.
              (c)   It is a violation of subsection (5) for the driver of a motor vehicle to make contact with any portion
   of a stopped school bus, including an extended stop arm, or to make contact with a school child within 30 feet
   of a school bus. A violation under this subsection (9)(c) is a misdemeanor and is punishable on conviction by a
   fine of not more than $500."
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Statutes affected: 
HB0267_1.pdf: 61-8-301, 61-8-351
HB0267_2.pdf: 61-8-301, 61-8-351
HB0267_3.pdf: 61-8-301, 61-8-351
HB0267_X.pdf: 61-8-301, 61-8-351
Amended: 61-8-301, 61-8-351
Introduced: 61-8-301, 61-8-351