SENATE, No. 3378

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED JANUARY 21, 2021

 


 

Sponsored by:

Senator  PATRICK J. DIEGNAN, JR.

District 18 (Middlesex)

 

Co-Sponsored by:

Senators Greenstein and Holzapfel

 

 

 

 

SYNOPSIS

     Requires MVC to conduct unscheduled surprise inspections of certain school buses.

 

CURRENT VERSION OF TEXT

     As introduced.

  


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.