Read the full stored bill text
A2035
ASSEMBLY, No. 2035
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman SHAMA A. HAIDER
District 37 (Bergen)
Assemblyman STERLEY S. STANLEY
District 18 (Middlesex)
Assemblyman CLINTON CALABRESE
District 36 (Bergen and Passaic)
Co-Sponsored by:
Assemblymen Danielsen and Venezia
SYNOPSIS
���� Requires MVC to conduct unscheduled surprise
inspections of certain school buses.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning school bus safety inspections and
amending P.L.1999, c.5.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� Section 3 of P.L.1999,
c.5 (C.39:3B-20) is amended to read as follows:
���� 3.��� As used in
[
this act
]
the
�School Bus Enhanced Safety Inspection Act,� P.L.1999, c.5 (C.39:3B-18 et seq.)
:
����
[
"Director" means the
Director of the Division of Motor Vehicles in the Department of Transportation
]
�Chief
Administrator� means the Chief Administrator of the New Jersey Motor Vehicle
Commission
;
����
[
"Division" means the
Division of Motor Vehicles in the Department of Transportation
]
�
Commission�
means the New Jersey Motor Vehicle Commission
;
���� "In-terminal
inspection" means an inspection conducted by the
[
Division of
Motor Vehicles
]
New Jersey Motor Vehicle Commission
at the operator's terminal of any
motor vehicle required to meet the safety regulations for school buses adopted
by the Department of Transportation pursuant to
[
R.S.39:3B-5
]
section 6
of P.L.1965, c.119 (C.39:3B-5)
and
section 1 of
P.L.1986, c.92
[
(C.18A:3B-5.4)
]
(C.39:3B-5.4)
and vehicle emissions standards established for engine type pursuant to
R.S.39:8-2 and section 3 of P.L.1995, c.157 (C.39:8-61);
���� "Operator" means the
owner or person responsible for the day to day operation and maintenance of
school buses;
���� "School bus" means
all Type I and Type II school buses as defined in R.S.39:1-1 and school buses
retired pursuant to
section 1 of
P.L.1986, c.92 (C.39:3B-5.4), under the
jurisdiction of the
[
division
]
commission
.
(cf: P.L.1999, c.5, s.3)
���� 2.��� Section 4 of P.L.1999,
c.5 (C.39:3B-21) is amended to read as follows:
���� 4.��� a.�� The chief
administrator shall establish a school bus enhanced safety inspection program
which shall include, but not be limited to, the following elements:
���� (1)� an in-terminal school bus
inspection program which provides for
[
the
semi-annual or
]
a minimum of two
annual
inspections, of which one shall be a
scheduled
inspection of
the
school buses by commission inspectors
and
the remainder of which shall be unscheduled surprise inspections of the school
buses by commission inspectors
;
���� (2)� standards and
requirements pertaining to the equipment, maintenance, and repair of school
buses subject to inspection pursuant to
[
this
act
]
the
�School Bus Enhanced Safety Inspection Act,� P.L.1999, c.5 (C.39:3B-18 et seq.)
;
all in-terminal inspections, including those involving diesel vehicles, shall
include an emission inspection to determine whether that vehicle meets the
State's emission specifications and standards;
���� (3)� standards and
requirements pertaining to the establishment and maintenance of school bus
maintenance, repair, and inspection records for all school buses in the
operator's fleet; and
���� (4)� standards and
requirements pertaining to the establishment and maintenance of driver
employment records, including records which demonstrate a driver's compliance
with all statutory and regulatory requirements for authorization to operate a
school bus, and any other records and credentials deemed necessary by the chief
administrator for school bus drivers employed by the operator.� The records
shall be made available to commission inspectors during each in-terminal
inspection.
���� b.��� If an operator does not
have adequate terminal facilities to allow for a proper and thorough
in-terminal inspection, the chief administrator shall designate an in-lieu-of
terminal site and direct the operator to present
[
his
]
the operator�s
buses and
records to that site for inspection on such terms and conditions as determined
by the chief administrator.
���� c.��� The time and location of
any inspection or reinspection conducted pursuant to this section shall be
determined by the chief administrator.� Unless an owner agrees to a different
time schedule, the chief administrator shall schedule a reinspection within three
days of the date of the inspection that necessitated the reinspection.
(cf: P.L.2009, c.331, s.3)
���� 3.��� Section 5 of P.L.1999,
c.5 (C.39:3B-22) is amended to read as follows:
���� 5.��� a.�� Any operator who
violates the standards for driver employment records established pursuant to
subsection a. of section 4 of
[
this
act
]
P.L.1999,
c.5 (C.39:3B-21)
, or who fails to retain proper records for inspection as
required, or who fails to make available any record or document required at the
time of inspection, or who falsifies any record, or who fails to present or
otherwise make available any school bus or buses due for inspection, as
requested by an examiner, unless notification of the intent to withhold a bus
or buses from an examiner is made in writing at least 24 hours prior to the
scheduled inspection, shall be fined not less than $50 and not more than $500
per violation, in accordance with a schedule of fines to be established by the
[
director
]
chief
administrator
.� The
[
director
]
chief
administrator
shall waive the requirement of notice upon a showing of good
cause by an operator.� A bus withheld from an examiner pursuant to this section
shall be inspected within 30 days of the date of the originally scheduled
inspection, unless otherwise agreed by the operator and the
[
director
]
chief
administrator
. The operator shall be responsible for all fines.
���� Nothing in this subsection
shall be deemed to preclude any other enforcement actions provided by law.
���� b.��� Any fine imposed
pursuant to the provisions of this section may be collected, with costs, in a
summary proceeding pursuant to
[
"the
penalty enforcement law," N.J.S.2A:58-1 et seq
]
the �Penalty Enforcement Law
of 1999,� P.L.1999, c.274 (C.2A:58-10 et seq.)
.� The Superior Court or
municipal court of the county or municipality in which the violation occurs or
in which the operator resides or has a place of business or principal office in
this State, shall have jurisdiction to enforce the provisions of
[
"the
penalty enforcement law"
]
the �Penalty Enforcement Law of 1999,� P.L.1999, c.274 (C.2A:58-10 et seq.)
in connection with any violation of
[
this
act
]
the
�School Bus Enhanced Safety Inspection Act,� P.L.1999, c.5 (C.39:3B-18 et seq.)
.
���� The
[
director
]
chief
administrator
or any duly authorized representative of the
[
director
]
chief
administrator
may issue a summons and complaint returnable in any court of
competent jurisdiction for a violation of
[
this
act
]
the
�School Bus Enhanced Safety Inspection Act,� P.L.1999, c.5 (C.39:3B-18 et seq.)
or any rule or regulation adopted pursuant to
[
this
act
]
the
�School Bus Enhanced Safety Inspection Act,� P.L.1999, c.5 (C.39:3B-18 et seq.)
.�
A municipal, county, or State prosecutor is authorized to assist the
[
director
]
chief
administrator
in the enforcement of
[
this
act
]
the
�School Bus Enhanced Safety Inspection Act,� P.L.1999, c.5 (C.39:3B-18 et seq.)
.�
The
[
director
]
chief
administrator
may institute an action in the Superior Court for injunctive
relief to prevent or restrain any violation of
[
this act
]
the
�School Bus Enhanced Safety Inspection Act,� P.L.1999, c.5 (C.39:3B-18 et seq.)
,
or any rule or regulation adopted, or any administrative or judicial order
issued, pursuant to
[
this
act
]
the
�School Bus Enhanced Safety Inspection Act,� P.L.1999, c.5 (C.39:3B-18 et seq.)
.
���� c.��� Any officer charged with
the enforcement of State and municipal laws is authorized to assist the
[
director
]
chief
administrator
or any duly authorized representative of the
[
director
]
chief
administrator
in the enforcement of the provisions of
[
this act
]
the
�School Bus Enhanced Safety Inspection Act,� P.L.1999, c.5 (C.39:3B-18 et seq.)
,
or any rule or regulation adopted, or any administrative or judicial order
issued, pursuant to
[
this
act
]
the
�School Bus Enhanced Safety Inspection Act,� P.L.1999, c.5 (C.39:3B-18 et seq.)
.
����
d.��� Any fine imposed
pursuant to the provisions of this section that is collected and remitted to
the commission shall be used for the continued administration of the school bus
enhanced safety inspection program established pursuant to section 4 of
P.L.1999, c.5 (C.39:3B-21).
(cf: P.L.1999, c.5, s.5)
���� 4.��� This act shall take
effect on the first day of the first full fiscal year following enactment.� The
Chief Administrator of the New Jersey Motor Vehicle Commission may take such
anticipatory actions as may be necessary for the timely implementation of this
act.
STATEMENT
���� This bill requires the New
Jersey Motor Vehicle Commission (MVC) to conduct a minimum of two annual
inspections of school buses through the MVC school bus enhanced safety
inspection program (program).� In addition to the annual scheduled inspection
of school buses required under current law, MVC is also required to conduct
unscheduled surprise inspections.
���� The bill also provides that
any fine imposed pursuant to the �School Bus Enhanced Safety Inspection Act�
that is collected and remitted to the MVC is required to be used for the
continued administration of the program.