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A1602
ASSEMBLY, No. 1602
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman SEAN T. KEAN
District 30 (Monmouth and Ocean)
Co-Sponsored by:
Assemblyman McGuckin
SYNOPSIS
���� Authorizes certain individuals to drive Type S school
buses.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
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� 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.
���� 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 students 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.�
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.� If a board of education or
contractor providing pupil transportation services on behalf of the board of
education employs a driver of a Type S school bus who does not have a school
bus endorsement, the board of education or contractor shall provide the
following training to the driver before the driver operates a Type S school
bus:
���� (1)� a safety education
program pursuant to section 1 of P.L.2018, c.160 (C.18A:39-19.1a);
���� (2)� a training program on
proper procedures for interacting with students with special needs pursuant to
P.L.2015, c.123 (C.18A:39-19.2 et seq.); and
���� (3)� any other training
required by the Department of Education or the New Jersey Motor Vehicle
Commission to drive a Type S school bus.
���� 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 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: (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.
���� 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 the suspension of Type S school bus
driving privileges
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 students to and from
school and school-related activities 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.
���� If a board of education or
contractor providing pupil transportation services on behalf of the board of
education employs a driver of a Type S school bus who does not have a school
bus endorsement, the board of education or contractor is required to provide
certain training to the driver before the driver operates a Type S school bus.
���� 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 driver 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.