Be it enacted by the General Assembly of the State of Indiana:
this chapter commits a Class C infraction.
(b) A person who knowingly or intentionally violates section 12, 13,
14, 15, 16, or 17 of this chapter commits a Class C misdemeanor.
(c) A person described in section 18(b), 18(c), or 18(d) of this
chapter commits a Class B infraction.
SECTION 4. IC 9-21-12-17, AS ADDED BY P.L.1-2005,
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 17. (a) Except as provided in subsection (b),
before crossing any railroad track at grade, the driver of a school bus
or special purpose bus carrying a passenger shall stop the bus within
fifty (50) feet but not less than fifteen (15) feet from the nearest rail.
While the bus is stopped, the driver shall:
(1) listen through an open door;
(2) look in both directions along the track for an approaching
train; and
(3) look for signals indicating the approach of a train.
The driver may not proceed until it is safe to proceed. When it is safe
to proceed, the driver shall select a gear that will allow the driver to
cross the tracks without changing gears. The driver may not shift gears
while crossing the tracks.
(b) The driver is not required to stop when a police officer is
directing the flow of traffic across railroad tracks.
(c) Upon conviction of a violation of this section, a driver shall have
the driver's operator's license suspended for a period of not less than
sixty (60) days in addition to the penalties provided by section 11 of
this chapter.
SECTION 5. IC 9-21-12-18 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2006]: Sec. 18. (a) Whenever a school bus or special purpose bus
is at a place of departure for transporting passengers, the school
bus or special purpose bus emergency escape exits, doors,
emergency exit windows, roof exits, and service doors must be free
of any obstruction that:
(1) inhibits or obstructs an exit; or
(2) renders the means of exit hazardous.
(b) A driver who knowingly operates a school bus or special
purpose bus in violation of subsection (a) is subject to section 11(c)
of this chapter.
(c) A person who knowingly directs a driver to operate a school
bus or special purpose bus in violation of subsection (a) is subject
to section 11(c) of this chapter.
(d) A school corporation or an entity that employs:
(1) a driver who knowingly operates a school bus or special
purpose bus in violation of subsection (a); or
(2) a person who knowingly directs a driver to operate a
school bus or special purpose bus in violation of subsection
(a);
is subject to section 11(c) of this chapter.
SECTION 6. IC 20-27-3-4, AS ADDED BY P.L.1-2005, SECTION
11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2006]: Sec. 4. (a) The committee has the following powers:
(1) The committee may adopt rules under IC 4-22-2 establishing
standards for the construction of school buses and special
purpose buses, including minimum standards for the construction
of school buses and special purpose buses necessary to be issued
a:
(A) valid certificate of inspection decal; and
(B) temporary certificate of inspection decal described in
IC 20-27-7-10.
(2) The committee may adopt rules under IC 4-22-2 establishing
standards for the equipment of school buses and special purpose
buses, including minimum standards for the equipment of school
buses and special purpose buses necessary to be issued a:
(A) valid certificate of inspection decal; and
(B) temporary certificate of inspection decal described in
IC 20-27-7-10.
(3) The committee may adopt rules under IC 4-22-2 specifying
the minimum standards that must be met to avoid the issuance of
an out-of-service certificate of inspection decal.
(4) The committee may provide for the inspection of all school
buses and special purpose buses, new or old, that are offered for
sale, lease, or contract.
(5) The committee may provide for the annual inspection of all
school buses and special purpose buses and the issuance of
certificate of inspection decals.
(6) The committee may maintain an approved list of school buses
and special purpose buses that have passed inspection tests
under subdivision (4) or (5).
(7) The committee may, subject to approval by the state board of
accounts, prescribe standard forms for school bus driver
contracts.
(8) The committee may hear appeals brought under
IC 20-27-7-15.
(b) The committee shall adopt rules under IC 4-22-2 to set
performance standards and measurements for determining the physical
ability necessary for an individual to be a school bus driver.
(c) The certificate of inspection decals shall be issued to correspond
with each school year. Each certificate of inspection decal expires on
September 30 following the school year in which the certificate of
inspection decal is effective. However, for buses that are described in
IC 20-27-7-7, the certificate of inspection decal expires on a date that
is not later than seven (7) months after the date of the first inspection
for the particular school year.
SECTION 7. IC 20-27-3-7, AS ADDED BY P.L.1-2005, SECTION
11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2006]: Sec. 7. (a) A school bus or special purpose bus sold or
delivered in Indiana must meet the standards of construction and
equipment set forth in the rules of the committee.
(b) A school bus may not be originally licensed in Indiana until the
school bus has been inspected by the state police department and found
to comply with these standards.
Date: