Chapter 632 Oregon Laws 2007

AN ACT

HB 2456

Relating to school buses; amending ORS 820.100 and 820.180; and prescribing an effective date.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 820.100 is amended to read:

820.100. (1) The State Board of Education shall adopt and enforce such reasonable standards relating to school bus and school activity vehicle construction and school bus and school activity vehicle equipment as the board deems necessary for safe and economical operation, except that the board may not authorize the use of school buses manufactured before April 1, 1977.

(2) The State Board of Higher Education may adopt and enforce separate rules of the type described under this section for school buses and school activity vehicles that are under [its] the board’s jurisdiction, except that the board may not authorize the use of school buses manufactured before April 1, 1977.

(3) The State Board of Education shall adopt and enforce standards for school bus stop arms authorized by ORS 820.105.

(4) Rules adopted under this section:

(a) Must be consistent with requirements established by statute or by rule adopted under statutory authority that relate to the same subject.

(b) Shall be consistent with minimum uniform national standards, if such standards exist.

(c) May include different requirements for different classes or types of school buses or school activity vehicles.

(d) May include any exemptions determined appropriate under ORS 820.150.

SECTION 2. ORS 820.180 is amended to read:

820.180. (1) A person commits the offense of unsafe school vehicle operation if:

(a) The person operates or owns and causes or permits to be operated a school bus or school activity vehicle in a manner that is in violation of any rules applicable to the vehicle that are adopted under ORS 820.100 to 820.120; [or]

(b) The person owns or leases and causes or permits to be operated for school purposes a school bus or school activity vehicle containing more passengers than the vehicle is designed to transport; or

(c) The person operates or owns and causes or permits to be operated a school bus manufactured before April 1, 1977.

(2) A person is not in violation of subsection (1)(b) of this section if a bus or vehicle contains more passengers than it is designed to transport due to unforeseen or unusual circumstances.

(3) The offense described in this section, unsafe school vehicle operation, is a Class B traffic violation.

SECTION 3. This 2007 Act takes effect on August 1, 2008.

Approved by the Governor June 26, 2007

Filed in the office of Secretary of State June 27, 2007

Effective date August 1, 2008

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