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SB1479
THE SENATE
S.B. NO.
1479
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO PUPIL TRANSPORTATION SAFETY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
�
Section
286-102, Hawaii Revised Statutes, is amended by amending subsection (b) to read
as follows:
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"(b)
�
A person operating the following category or
combination of categories of motor vehicles shall be examined as provided in
section 286-108 and duly licensed by the examiner of drivers:
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(1)
�
Mopeds;
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(2)
�
Motorcycles,
except for autocycles as described in paragraph (2) of the definition of
"motorcycle" in section 286-2, and motor scooters;
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(3)
�
Passenger
cars of any gross vehicle weight rating, buses designed to transport fifteen or
fewer occupants, trucks and vans having a gross vehicle weight rating of
eighteen thousand pounds or less, and autocycles as described in paragraph (2)
of the definition of "motorcycle" in section 286-2; and
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(4)
�
All
of the motor vehicles in category (3) and any vehicle that is not a commercial
motor vehicle.
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A school bus
, motorcoach, small bus,
or van operator shall be properly licensed to operate the category of vehicles
that the operator operates as a school bus
, motorcoach, small bus,
or
van and shall comply with the standards of the department of transportation as
provided by rules adopted pursuant to section 286-181."
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SECTION 2.
�
Section 286-181, Hawaii Revised Statutes, is amended as follows:
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1.
�
By amending subsections (b) through (e) to read as follows:
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"
(b)
�
The department of
transportation shall grant exemptions for the use of vehicles other than school
vehicles
, such as motorcoaches, small buses, and vans,
when the
department finds that compliance with this section is:
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(1)
�
Impractical
due to the unavailability of school vehicles; or
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(2)
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Impractical
due to economic factors.
No
exemption shall be granted for the qualifications of individuals driving a bus
as defined in section 286-2 and such individuals shall meet school vehicle
driver qualifications.
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(c)
�
The exemptions in subsection (b) shall be granted:
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(1)
�
To
the department of education to administer to [
public
]
department
schools based on criteria developed by the departments of transportation and
education; provided that the department of education shall submit a report to
the department of transportation at the end of each school year on the extent
to which these exemptions were [
utilized;
]
used;
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(2)
�
To
the state public charter school commission to administer public charter schools
based on criteria developed by the departments of transportation and education;
provided that the state public charter school commission shall submit a report
to the department of transportation at the end of each school year on the
extent to which these exemptions were used;
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[
(2)
]
(3)
�
To a board of independent schools, which is
registered with the department of commerce and consumer affairs, to administer
to private schools utilizing criteria developed by the departments of
transportation and education; provided that the board shall submit a report to
the department of transportation at the end of each school year on the extent
to which these exemptions were utilized;
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[
(3)
]
(4)
�
[
Only for
]
For
the transport of
pupils to and from school functions or school-related activities [
but not
]
and
for transportation to and from a school;
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[
(4)
]
(5)
�
Only when each pupil being transported has
obtained a written statement from the pupil's parent or legal guardian waiving
the State's liability; and
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[
(5)
]
(6)
�
In accordance with the procedures and
criteria established by rules of the department of transportation.
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(d)
�
The department of transportation may grant exemptions for the use of
vehicles other than school vehicles [
for the transportation of students
requiring special education and services
]
, including
the use of motorcoaches, small buses, and vans that may
not meet school bus regulations but that shall otherwise meet vehicle
requirements and qualifications set forth in chapter 19-143, Hawaii
Administrative Rules, for school bus services, when an adult staff chaperone
escorts students being transported between designated locations off-campus and
designated locations on-campus
,
when the department
of
transportation
finds that compliance with this section is impossible or
impractical; provided that no exemption shall be granted for the qualifications
of individuals driving a bus as defined in section 286-2 and such individuals
shall meet school vehicle driver qualifications.
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(e)
�
The department of transportation shall adopt
safety rules and standards relating to school vehicles, equipment, and drivers,
including but not limited to:
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(1)
�
School
vehicle and school vehicle equipment design, construction, and identification;
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(2)
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School
vehicle driver qualification and training as required by law;
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(3)
�
School
vehicle operation;
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(4)
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School
vehicle maintenance and maintenance records;
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(5)
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Special
school vehicle safety inspections;
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(6)
�
Criteria
for passenger loading and unloading safety areas; and
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(7)
�
Procedures
and criteria for the granting of exemptions permitted under subsections (b),
(c), and (d);
provided
that the rules and standards shall permit the use of
motorcoaches,
small
buses
,
or
,
vans [
weighing less than ten thousand pounds
]
for the transportation of pupils of a day care center, child care facility,
headstart program, [
and
] preschool,
kindergarten, elementary, or
secondary school, public or private, including any special school for children
in the State, with adult staff chaperone escorts while students are being
transported between designated locations off-campus and designated locations
on-campus
or of school pupils and school staffs to and from school-related
activities."
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2.
�
by amending subsection (i) to read as follows:
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"(i)
�
As used in subsection (b), a school vehicle is unavailable when it:
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(1)
�
Is
being used during a specific time for contracted school-related transportation
to and from school or related destinations;
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(2)
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Fails
that day's inspection and has not been repaired;
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(3)
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Is
already in transportation service;
or
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(4)
�
Is
committed for transportation service[
; or
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(5)
�
Does
not meet the requests of a school for a motorcoach with undercarriage storage
compartments and public address system; provided that the use of the motorcoach
shall be used solely for the transportation of middle, intermediate, or high
school student groups to and from school-related events or activities.
�
As used in this paragraph,
"motorcoach" means a vehicle that carries more than twenty-five
passengers, has a gross vehicle weight rating of at least 26,000 pounds, and is
no more than fifteen years old
]."
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SECTION 3.
�
Statutory material to be repealed is bracketed and stricken.
�
New statutory material is underscored.
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SECTION 4.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
BY REQUEST
Report Title:
DOT; DOE; Pupil Transportation Safety
Description:
Amends sections 286-102 and 286-181, HRS, to allow exemptions to
include use of motorcoaches, small buses, and vans, which may not meet school
bus regulations for school bus services, but which shall otherwise meet vehicle
requirements and qualifications set forth in chapter 19-143, Hawaii
Administrative Rules, to the extent required by the Department of Transportation
and the Department of Education, when adult staff chaperone escorts of students
are provided while students are being transported between designated locations
off-campus and designated locations on-campus.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.