S1682

An Act concerning school transportation, supplementing Title 39 of the Revised Statutes, and amending P.L.2017, c.347, P.L.2007, c.77, and P.L.2019, c.9.

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” shall mean a motor vehicle that: is operated by, or under contract with, a public or government agency, or religious or other charitable organization or corporation for the transportation of children to and from school for secular or religious education, and has a gross vehicle weight rating of 3,000 pounds or more, originally designed by the manufacturer with a maximum seating capacity of nine passengers or less, excluding the driver.

b. Notwithstanding any other law, rule, or regulation to the contrary, the holder of a valid non-commercial basic driver’s license, who has completed training covering topics required pursuant to subsection c. of this section, may operate a Type S school bus to transport children to and from school for secular or religious education and shall not be required to obtain a commercial driver license, passenger endorsement, or school bus endorsement. Nothing in this section shall authorize a person with a probationary driver’s license, examination permit, or special learner’s permit to drive a Type S school bus.

c. The Commissioner of Education, in collaboration with the Chief Administrator of the New Jersey Motor Vehicle Commission, shall establish a curriculum to train Type S school bus drivers on topics concerning the transportation of children to and from school for secular or religious education.

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 bus" shall have the meaning set forth in R.S.39:1-1; and

“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 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).

c. 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) shall be permanently barred from driving a Type S school bus as defined in subsection a. 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. In the event that, after notice and opportunity to be heard, a school bus driver is found to have left a pupil on the school bus or 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 school bus driver’s route, [his] the school bus driver’s school bus endorsement shall be:

a. suspended for six months, for a first offense; or

b. permanently revoked, for a second offense.

A school bus driver found to have left a pupil on a school bus at the end of the school bus driver’s route pursuant to this section shall be prohibited from driving a Type S school bus for six months for a first offense and shall be permanently barred from driving a Type S school bus for a second offense.

In the event that, after notice and opportunity to be heard, a driver of a Type S school bus, as defined in section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), is found to have left a pupil on a Type S school bus at the end of the driver’s route, the driver shall be prohibited from driving a school bus and a Type S school bus for six months for a first offense and shall be permanently barred from driving a school bus and a Type S school bus for a second offense.

(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, is harmed as a result of foreseeable danger and the driver is found, after notice and opportunity to be heard, to have acted with gross negligence, [his] the driver’s school bus endorsement shall be permanently revoked and the driver shall be permanently barred from driving a Type S school bus as defined in section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).

In the event that a pupil, who was left on a Type S school bus, as defined in section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), by a driver of a Type S school bus at the end of the route, is harmed as a result of foreseeable danger and the driver is found, after notice and opportunity to be heard, to have acted with gross negligence, the driver shall be permanently barred from driving a school bus and a Type S school bus.

(cf: P.L.2007, c.77, s.3)

6. Section 1 of P.L.2019, c.9 (C.39:3-10.1b) is amended to read as follows:

1. a. For the purposes of this section:

"Chief administrator" means the Chief Administrator of the New Jersey Motor Vehicle Commission.

"Commercial motor vehicle" shall have the same meaning as provided in section 3 of P.L.1990, c.103 (C.39:3-10.11).

"Motor vehicle moving violation" means any violation of the motor vehicle laws of this State or any other jurisdiction for which motor vehicle points are assessed by the chief administrator pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5) or any violation of the motor vehicle laws of any other jurisdiction for which motor vehicle points would be assessed if that violation had occurred in this State.

"Non-commercial motor vehicle" shall have the same meaning as provided in section 3 of P.L.1990, c.103 (C.39:3-10.11).

“Type S school bus” means a motor vehicle that: is operated by, or under contract with, a public or government agency, or religious or other charitable organization or corporation for the transportation of children to and from school for secular or religious education, and has a gross vehicle weight rating of 3,000 pounds or more, originally designed by the manufacturer with a maximum seating capacity of nine passengers or less, excluding the driver.

b. The chief administrator shall suspend the school bus endorsement of a person for 90 days following the date of the last conviction, or upon notification of an out-of-State conviction, whichever date is later in time, if the person is convicted of three or more motor vehicle moving violations in a three-year period or accumulates six or more motor vehicle penalty points while operating a commercial motor vehicle or non-commercial motor vehicle.

A person shall not drive a Type S school bus for 90 days following the date of the last conviction, or upon notification of an out-of-State conviction, whichever is later in time, if the person is convicted of three or more motor vehicle moving violations in a three-year period or accumulates six or more motor vehicle penalty points while operating a commercial motor vehicle or non-commercial motor vehicle.

c. The chief administrator shall notify the Commissioner of Education of the suspension of a school bus driver's school bus endorsement or suspension from driving a Type S school bus pursuant to subsection b. of this section within one business day following the date of the suspension.

d. Upon notification from the chief administrator pursuant to subsection c. of this section, the Commissioner of Education shall notify the board of education that employs the school bus driver, the nonpublic school that employs the school bus driver, or the contractor that employs the school bus driver that the school bus driver's school bus endorsement or authorization to drive a Type S school bus has been suspended pursuant to subsection b. of this section within one business day following the date of notification of the suspension. If a board of education, a nonpublic school, or a contractor that employs the school bus driver is notified by the commissioner that the school bus driver's school bus endorsement or authorization to drive a Type S school bus has been suspended, the employing board of education, nonpublic school, or contractor, within 24 hours of the notification, shall provide a statement to the Department of Education verifying that the school bus driver no longer operates a school bus or Type S school bus for the board, nonpublic school, or contractor.

e. Prior to the reinstatement of any school bus endorsement, or prior to the reinstatement of a driver’s authorization to drive a Type S school bus, that has been suspended pursuant to subsection b. of this section, the chief administrator shall require the person to complete a defensive driving course approved by the chief administrator and may require the person to fulfill any other requirement that the chief administrator deems appropriate.

f. This section shall apply to convictions that occur after the effective date of P.L.2019, c.9 (C.39:3-10.1b).

(cf: P.L.2019, c.9, s.1)

7. This act shall take effect immediately.

STATEMENT

This bill permits the holder of a valid non-commercial basic driver’s license who has completed certain training to operate a Type S school bus to transport children to and from school without needing to obtain a commercial driver license, passenger endorsement, or school bus endorsement. Such drivers are subject to certain provisions of law applicable to school bus drivers as enumerated in the bill.

The Commissioner of Education is required to establish a curriculum to train Type S school bus drivers on topics concerning the transportation of children to and from school.

Under the bill, a person who knowingly operates a Type S school bus while transporting one or more students when the person’s driving privileges are revoked or suspended is guilty of a crime of the fourth degree. A person who does so and is involved in an accident resulting in bodily injury to another person is guilty of a crime of the third degree. A person is to be permanently barred from driving a Type S school bus if the person is convicted of either of these crimes.

The bill also provides that a person who is found to have left a pupil on a Type S school bus at the end of the route is to be prohibited from driving a school bus and Type S school bus for six months for a first offense and permanently barred from driving a school bus and Type S school bus for a second offense. A person is to be permanently barred from driving a school bus and Type S school bus if a pupil who was left on the Type S school bus at the end of the route was harmed as a result of foreseeable danger and the driver acted with gross negligence.

A school bus driver who is found to have left a pupil on a school bus at the end of the route is prohibited from driving a Type S school bus for six months for a first offense and permanently barred from driving a Type S school bus for a second offense. A school bus driver is to be permanently barred from driving a Type S school bus if a school bus driver left a pupil on a school bus at the end of the route, the pupil was harmed as a result of foreseeable danger, and the school bus driver acted with gross negligence. A school bus who is found to have left a pupil on a Type S school bus at the end of the route is to have the driver’s school bus endorsement suspended for six months for a first offense and permanently revoked for a second offense.

The bill prohibits a person from driving a Type S school bus for 90 days if the driver is convicted of three or more motor vehicle moving violations in a three-year period or accumulates six or more motor vehicle penalty points while operating a commercial motor vehicle or non-commercial motor vehicle.

Under the bill, the chief administrator is required to notify the Commissioner of Education of the suspension of the driver’s authorization to drive a Type S school bus and the Commissioner of Education is to notify the driver’s employer that the driver’s authorization to drive a Type S school bus has been suspended. The employer is then required to provide a statement to the Department of Education that the driver no longer operates a Type S school bus. A driver of a Type S school bus is required to complete a defensive driving course before the driver may resume operating a Type S school bus.

A “Type S school bus” is defined to mean a motor vehicle that: is operated by, or under contract with, a public or government agency, or religious or other charitable organization or corporation for the transportation of children to and from school for secular or religious education, and has a gross vehicle weight rating of 3,000 pounds or more, originally designed by the manufacturer with a maximum seating capacity of nine passengers or less excluding the driver.