Bill Text: OH HB557 | 2011-2012 | 129th General Assembly | Introduced
Bill Title: To establish inspection and repair standards for wheelchair lifts installed on vehicles used for pupil transportation.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2012-05-22 - To Transportation, Public Safety & Homeland Security [HB557 Detail]
Download: Ohio-2011-HB557-Introduced.html
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Representative Gerberry
Cosponsors:
Representatives Fedor, Murray, Fende, Milkovich
| To amend sections 4511.63, 4511.76, 4511.761, | 1 |
| 4511.762, 4511.764, 4511.77, and 4511.79 and to | 2 |
| enact section 4511.765 of the Revised Code to | 3 |
| establish inspection and repair standards for | 4 |
| wheelchair lifts installed on vehicles used for | 5 |
| pupil transportation. | 6 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That sections 4511.63, 4511.76, 4511.761, | 7 |
| 4511.762, 4511.764, 4511.77, and 4511.79 be amended and section | 8 |
| 4511.765 of the Revised Code be enacted to read as follows: | 9 |
| Sec. 4511.63. (A) Except as provided in division (B) of this | 10 |
| section, the operator of any bus, any school vehicle, or any | 11 |
| vehicle transporting a material or materials required to be | 12 |
| placarded under 49 C.F.R. Parts 100-185, before crossing at grade | 13 |
| any track of a railroad, shall stop the vehicle and, while so | 14 |
| stopped, shall listen through an open door or open window and look | 15 |
| in both directions along the track for any approaching train, and | 16 |
| for signals indicating the approach of a train, and shall proceed | 17 |
| only upon exercising due care after stopping, looking, and | 18 |
| listening as required by this section. Upon proceeding, the | 19 |
| operator of such a vehicle shall cross only in a gear that will | 20 |
| ensure there will be no necessity for changing gears while | 21 |
| traversing the crossing and shall not shift gears while crossing | 22 |
| the tracks. | 23 |
| (B) This section does not apply at grade crossings when the | 24 |
| public utilities commission has authorized and approved an exempt | 25 |
| crossing as provided in this division. | 26 |
| (1) Any local authority may file an application with the | 27 |
| commission requesting the approval of an exempt crossing. Upon | 28 |
| receipt of such a request, the commission shall authorize a | 29 |
| limited period for the filing of comments by any party regarding | 30 |
| the application and then shall conduct a public hearing in the | 31 |
| community seeking the exempt crossing designation. The commission | 32 |
| shall provide appropriate prior public notice of the comment | 33 |
| period and the public hearing. By registered mail, the commission | 34 |
| shall notify each railroad operating over the crossing of the | 35 |
| comment period. | 36 |
| (2) After considering any comments or other information | 37 |
| received, the commission may approve or reject the application. By | 38 |
| order, the commission may establish conditions for the exempt | 39 |
| crossing designation, including compliance with division (b) of 49 | 40 |
| C.F.R. Part 392.10, when applicable. An exempt crossing | 41 |
| designation becomes effective only when appropriate signs giving | 42 |
| notice of the exempt designation are erected at the crossing as | 43 |
| ordered by the commission and any other conditions ordered by the | 44 |
| commission are satisfied. | 45 |
| (3) By order, the commission may rescind any exempt crossing | 46 |
| designation made under this section if the commission finds that a | 47 |
| condition at the exempt crossing has changed to such an extent | 48 |
| that the continuation of the exempt crossing designation | 49 |
| compromises public safety. The commission may conduct a public | 50 |
| hearing to investigate and determine whether to rescind the exempt | 51 |
| crossing designation. If the commission rescinds the designation, | 52 |
| it shall order the removal of any exempt crossing signs and may | 53 |
| make any other necessary order. | 54 |
| (C) As used in this section: | 55 |
| (1) "School vehicle" means any vehicle used for the | 56 |
| transportation of pupils to and from a school or school-related | 57 |
| function if the vehicle is owned or operated by, or operated under | 58 |
| contract with, a public or nonpublic school. | 59 |
| (2) "Bus" means any vehicle originally designed by its | 60 |
| manufacturer to transport sixteen or more passengers, including | 61 |
| the driver, or carries sixteen or more passengers, including the | 62 |
| driver. | 63 |
| (3) "Exempt crossing" means a highway rail grade crossing | 64 |
| authorized and approved by the public utilities commission under | 65 |
| division (B) of this section at which vehicles may cross without | 66 |
| making the stop otherwise required by this section. | 67 |
| (D) Except as otherwise provided in this division, whoever | 68 |
| violates this section is guilty of a minor misdemeanor. If the | 69 |
| offender previously has been convicted of or pleaded guilty to one | 70 |
| or more violations of this section or section 4511.76, 4511.761, | 71 |
| 4511.762, 4511.764, 4511.765, 4511.77, or 4511.79 of the Revised | 72 |
| Code or a municipal ordinance that is substantially similar to any | 73 |
| of those sections, whoever violates this section is guilty of a | 74 |
| misdemeanor of the fourth degree. | 75 |
| Sec. 4511.76. (A)(1) The department of public safety, by and | 76 |
| with the advice of the superintendent of public instruction, shall | 77 |
| adopt and enforce rules relating to the construction, design, and | 78 |
| equipment, including lighting equipment required by section | 79 |
| 4511.771 of the Revised Code, of all school buses both publicly | 80 |
| and privately owned and operated in this state. | 81 |
| | 82 |
| the director of public safety, shall adopt and enforce rules | 83 |
| relating to the operation of all vehicles used for pupil | 84 |
| transportation. | 85 |
| (B) The department of public safety shall adopt and enforce | 86 |
| rules related to the inspection of each wheelchair lift installed | 87 |
| on a vehicle used for pupil transportation. In adopting the rules, | 88 |
| the department may consult with any manufacturer of a wheelchair | 89 |
| lift that is installed on a vehicle used for pupil transportation. | 90 |
| The rules shall require each wheelchair lift installed on a | 91 |
| vehicle used for pupil transportation to be inspected by a person | 92 |
| certified by the original manufacturer of the wheelchair lift if | 93 |
| that manufacturer is available to certify inspectors for its | 94 |
| wheelchair lifts. The rules shall establish guidelines for | 95 |
| alternative certification of inspectors if a wheelchair lift | 96 |
| manufacturer is not available to certify inspectors for its | 97 |
| wheelchair lifts. The rules may establish standards to verify and | 98 |
| maintain certification of an inspector. | 99 |
| The department shall develop and provide the form to be used | 100 |
| by a certified inspector when attesting that a wheelchair lift | 101 |
| installed on a vehicle used for pupil transportation is in | 102 |
| compliance with the rules adopted under this section. | 103 |
| Inspection of a wheelchair lift on a vehicle used for pupil | 104 |
| transportation by a person certified as provided in rules adopted | 105 |
| under this section may be in addition to the state highway patrol | 106 |
| inspection of a wheelchair lift as part of a school bus inspection | 107 |
| under section 4511.761 of the Revised Code. | 108 |
| (C) No person shall operate a vehicle used for pupil | 109 |
| transportation within this state in violation of the rules of the | 110 |
| department of education or the department of public safety. No | 111 |
| person, being the owner thereof or having the supervisory | 112 |
| responsibility therefor, shall permit the operation of a vehicle | 113 |
| used for pupil transportation within this state in violation of | 114 |
| the rules of the department of education or the department of | 115 |
| public safety. | 116 |
| (D) The department of public safety shall adopt and enforce | 117 |
| rules relating to the issuance of a license under section 4511.763 | 118 |
| of the Revised Code. The rules may relate to the moral character | 119 |
| of the applicant; the condition of the equipment to be operated; | 120 |
| the liability and property damage insurance carried by the | 121 |
| applicant; the posting of satisfactory and sufficient bond; and | 122 |
| such other rules as the director of public safety determines | 123 |
| reasonably necessary for the safety of the pupils to be | 124 |
| transported. | 125 |
| (E) As used in this section, "vehicle used for pupil | 126 |
| transportation" means any vehicle that is identified as such by | 127 |
| the department of education by rule and that is subject to Chapter | 128 |
| 3301-83 of the Administrative Code. | 129 |
| (F) Except as otherwise provided in this division, whoever | 130 |
| violates this section is guilty of a minor misdemeanor. If the | 131 |
| offender previously has been convicted of or pleaded guilty to one | 132 |
| or more violations of this section or section 4511.63, 4511.761, | 133 |
| 4511.762, 4511.764, 4511.765, 4511.77, or 4511.79 of the Revised | 134 |
| Code or a municipal ordinance that is substantially similar to any | 135 |
| of those sections, whoever violates this section is guilty of a | 136 |
| misdemeanor of the fourth degree. | 137 |
| Sec. 4511.761. (A) The state highway patrol shall inspect | 138 |
| every school bus to ascertain whether its construction, design, | 139 |
| and equipment comply with the regulations adopted pursuant to | 140 |
| section 4511.76 of the Revised Code and all other provisions of | 141 |
| law. | 142 |
| The superintendent of the state highway patrol shall adopt a | 143 |
| distinctive inspection decal not less than twelve inches in size, | 144 |
| and bearing the date of the inspection, which shall be affixed to | 145 |
| the outside surface of each side of each school bus which upon | 146 |
| such inspection is found to comply with the regulations adopted | 147 |
| pursuant to section 4511.76 of the Revised Code. The appearance of | 148 |
| said decal shall be changed from year to year as to shape and | 149 |
| color in order to provide easy visual inspection. No decal shall | 150 |
| be issued for a vehicle equipped with a wheelchair lift unless the | 151 |
| wheelchair lift has been inspected as required under section | 152 |
| 4511.765 of the Revised Code and the certificate attesting to | 153 |
| compliance with the rules governing wheelchair lift inspection is | 154 |
| presented to the person conducting the school bus inspection under | 155 |
| this section. | 156 |
| No person shall operate, nor shall any person being the owner | 157 |
| thereof or having supervisory responsibility therefor permit the | 158 |
| operation of, a school bus within this state unless there are | 159 |
| displayed thereon the decals issued by the state highway patrol | 160 |
| bearing the proper date of inspection for the calendar year for | 161 |
| which the inspection decals were issued. | 162 |
| (B) Except as otherwise provided in this division, whoever | 163 |
| violates this section is guilty of a minor misdemeanor. If the | 164 |
| offender previously has been convicted of or pleaded guilty to one | 165 |
| or more violations of this section or section 4511.63, 4511.76, | 166 |
| 4511.762, 4511.764, 4511.765, 4511.77, or 4511.79 of the Revised | 167 |
| Code or a municipal ordinance that is substantially similar to any | 168 |
| of those sections, whoever violates this section is guilty of a | 169 |
| misdemeanor of the fourth degree. | 170 |
| (C) Whenever a person is found guilty in a court of record of | 171 |
| a violation of this section, the trial judge, in addition to or | 172 |
| independent of all other penalties provided by law, may suspend | 173 |
| for any period of time not exceeding three years, or cancel the | 174 |
| license of any person, partnership, association, or corporation, | 175 |
| issued under section 4511.763 of the Revised Code. | 176 |
| Sec. 4511.762. (A) Except as provided in division (B) of | 177 |
| this section, no person who is the owner of a bus that previously | 178 |
| was registered as a school bus that is used or is to be used | 179 |
| exclusively for purposes other than the transportation of | 180 |
| children, shall operate the bus or permit it to be operated within | 181 |
| this state unless the bus has been painted a color different from | 182 |
| that prescribed for school buses by section 4511.77 of the Revised | 183 |
| Code and painted in such a way that the words "stop" and "school | 184 |
| bus" are obliterated. | 185 |
| (B) Any church bus that previously was registered as a school | 186 |
| bus and is registered under section 4503.07 of the Revised Code | 187 |
| may retain the paint color prescribed for school buses by section | 188 |
| 4511.77 of the Revised Code if the bus complies with all of the | 189 |
| following: | 190 |
| (1) The words "school bus" required by section 4511.77 of the | 191 |
| Revised Code are covered or obliterated and the bus is marked on | 192 |
| the front and rear with the words "church bus" painted in black | 193 |
| lettering not less than ten inches in height; | 194 |
| (2) The automatically extended stop warning sign required by | 195 |
| section 4511.75 of the Revised Code is removed and the word "stop" | 196 |
| required by section 4511.77 of the Revised Code is covered or | 197 |
| obliterated; | 198 |
| (3) The flashing red and amber lights required by section | 199 |
| 4511.771 of the Revised Code are covered or removed; | 200 |
| (4) The inspection decal required by section 4511.761 of the | 201 |
| Revised Code is covered or removed; | 202 |
| (5) The identification number assigned under section 4511.764 | 203 |
| of the Revised Code and marked in black lettering on the front and | 204 |
| rear of the bus is covered or obliterated. | 205 |
| (C) Except as otherwise provided in this division, whoever | 206 |
| violates this section is guilty of a minor misdemeanor. If the | 207 |
| offender previously has been convicted of or pleaded guilty to one | 208 |
| or more violations of this section or section 4511.63, 4511.76, | 209 |
| 4511.761, 4511.764, 4511.765, 4511.77, or 4511.79 of the Revised | 210 |
| Code or a municipal ordinance that is substantially similar to any | 211 |
| of those sections, whoever violates this section is guilty of a | 212 |
| misdemeanor of the fourth degree. | 213 |
| (D) Whenever a person is found guilty in a court of record of | 214 |
| a violation of this section, the trial judge, in addition to or | 215 |
| independent of all other penalties provided by law, may suspend | 216 |
| for any period of time not exceeding three years, or cancel the | 217 |
| license of any person, partnership, association, or corporation, | 218 |
| issued under section 4511.763 of the Revised Code. | 219 |
| Sec. 4511.764. (A) The superintendent of the state highway | 220 |
| patrol shall require school buses to be registered, in the name of | 221 |
| the owner, with the state highway patrol on forms and in | 222 |
| accordance with regulations as the superintendent may adopt. | 223 |
| When the superintendent is satisfied that the registration | 224 |
| has been completed, the superintendent shall assign an identifying | 225 |
| number to each school bus registered in accordance with this | 226 |
| section. The number so assigned shall be marked on the front and | 227 |
| rear of the vehicle in black lettering not less than six inches in | 228 |
| height and will remain unchanged as long as the ownership of that | 229 |
| vehicle remains the same. | 230 |
| No person shall operate, nor shall any person, being the | 231 |
| owner thereof or having supervisory responsibility therefor, | 232 |
| permit the operation of a school bus within this state unless | 233 |
| there is displayed thereon an identifying number in accordance | 234 |
| with this section. | 235 |
| (B) Except as otherwise provided in this division, whoever | 236 |
| violates this section is guilty of a minor misdemeanor. If the | 237 |
| offender previously has been convicted of or pleaded guilty to one | 238 |
| or more violations of section 4511.63, 4511.76, 4511.761, | 239 |
| 4511.762, 4511.765, 4511.77, or 4511.79 of the Revised Code or a | 240 |
| municipal ordinance that is substantially similar to any of those | 241 |
| sections, whoever violates this section is guilty of a misdemeanor | 242 |
| of the fourth degree. | 243 |
| Sec. 4511.765. (A) In addition to annual inspection by the | 244 |
| state highway patrol under section 4511.761 of the Revised Code, | 245 |
| each wheelchair lift installed on a vehicle used for pupil | 246 |
| transportation shall be inspected annually by a person certified | 247 |
| as provided in rules of the department of public safety under | 248 |
| section 4511.76 of the Revised Code to ascertain whether its | 249 |
| construction, design, and equipment comply with rules adopted | 250 |
| under that section. For each wheelchair lift inspected and found | 251 |
| to be in compliance with rules adopted under section 4511.76 of | 252 |
| the Revised Code, the certified inspector shall sign a form | 253 |
| provided by the department of public safety attesting to the | 254 |
| compliance, which form shall be presented to the state highway | 255 |
| patrol whenever the vehicle is inspected under section 4511.761 of | 256 |
| the Revised Code. | 257 |
| (B) Any repair of a wheelchair lift on a vehicle used for | 258 |
| pupil transportation shall be made by a person certified as | 259 |
| provided in rules adopted under section 4511.76 of the Revised | 260 |
| Code. A person who is not certified may perform routine | 261 |
| maintenance on a wheelchair lift. | 262 |
| (C) No person shall operate, nor shall any person being the | 263 |
| owner thereof or having supervisory responsibility therefor, | 264 |
| permit the operation of, a vehicle used for pupil transportation | 265 |
| that is equipped with a wheelchair lift unless the wheelchair lift | 266 |
| has passed inspection as required by this section. | 267 |
| (D) Except as otherwise provided in this division, whoever | 268 |
| violates this section is guilty of a minor misdemeanor. If the | 269 |
| offender previously has been convicted of or pleaded guilty to one | 270 |
| or more violations of this section or section 4511.63, 4511.76, | 271 |
| 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the Revised | 272 |
| Code or a municipal ordinance that is substantially similar to any | 273 |
| of those sections, whoever violates this section is guilty of a | 274 |
| misdemeanor of the fourth degree. | 275 |
| (E) Whenever a person is found guilty in a court of record of | 276 |
| a violation of this section, the trial judge, in addition to or | 277 |
| independent of all other penalties provided by law, may suspend | 278 |
| for any period of time not exceeding three years, or cancel, the | 279 |
| license of any person, partnership, association, or corporation, | 280 |
| issued under section 4511.763 of the Revised Code. | 281 |
| Sec. 4511.77. (A) No person shall operate, nor shall any | 282 |
| person being the owner thereof or having supervisory | 283 |
| responsibility therefor permit the operation of, a school bus | 284 |
| within this state unless it is painted national school bus yellow | 285 |
| and is marked on both front and rear with the words "school bus" | 286 |
| in black lettering not less than eight inches in height and on the | 287 |
| rear of the bus with the word "stop" in black lettering not less | 288 |
| than ten inches in height. | 289 |
| (B) Except as otherwise provided in this division, whoever | 290 |
| violates this section is guilty of a minor misdemeanor. If the | 291 |
| offender previously has been convicted of or pleaded guilty to one | 292 |
| or more violations of this section or section 4511.63, 4511.76, | 293 |
| 4511.761, 4511.762, 4511.764, 4511.765, or 4511.79 of the Revised | 294 |
| Code or a municipal ordinance that is substantially similar to any | 295 |
| of those sections, whoever violates this section is guilty of a | 296 |
| misdemeanor of the fourth degree. | 297 |
| (C) Whenever a person is found guilty in a court of record of | 298 |
| a violation of this section, the trial judge, in addition to or | 299 |
| independent of all other penalties provided by law, may suspend | 300 |
| for any period of time not exceeding three years, or cancel the | 301 |
| license of any person, partnership, association, or corporation, | 302 |
| issued under section 4511.763 of the Revised Code. | 303 |
| Sec. 4511.79. (A) No person shall drive a "commercial motor | 304 |
| vehicle" as defined in section 4506.01 of the Revised Code, or a | 305 |
| "commercial car" or "commercial tractor," as defined in section | 306 |
| 4501.01 of the Revised Code, while the person's ability or | 307 |
| alertness is so impaired by fatigue, illness, or other causes that | 308 |
| it is unsafe for the person to drive such vehicle. No driver shall | 309 |
| use any drug which would adversely affect the driver's ability or | 310 |
| alertness. | 311 |
| (B) No owner, as defined in section 4501.01 of the Revised | 312 |
| Code, of a "commercial motor vehicle," "commercial car," or | 313 |
| "commercial tractor," or a person employing or otherwise directing | 314 |
| the driver of such vehicle, shall require or knowingly permit a | 315 |
| driver in any such condition described in division (A) of this | 316 |
| section to drive such vehicle upon any street or highway. | 317 |
| (C) Except as otherwise provided in this division, whoever | 318 |
| violates this section is guilty of a minor misdemeanor. If the | 319 |
| offender previously has been convicted of or pleaded guilty to one | 320 |
| or more violations of this section or section 4511.63, 4511.76, | 321 |
| 4511.761, 4511.762, 4511.764, 4511.765, or 4511.77 of the Revised | 322 |
| Code or a municipal ordinance that is substantially similar to any | 323 |
| of those sections, whoever violates this section is guilty of a | 324 |
| misdemeanor of the fourth degree. | 325 |
| Section 2. That existing sections 4511.63, 4511.76, 4511.761, | 326 |
| 4511.762, 4511.764, 4511.77, and 4511.79 of the Revised Code are | 327 |
| hereby repealed. | 328 |
