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Type III bus driver change

Published (2/6/2009)
By Mike Cook
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Allison Porter said a 2008 law is having a negative impact on her school days this year.

Through an interpreter, Porter told the House Transportation and Transit Policy and Oversight Division Feb. 4 that she and her Minnesota North Star Academy classmates have fewer opportunities for learning experiences because of vehicle driver requirements.

“In the past teachers could drive us where we needed to go, but now they can’t,” she said. “Now they also can’t use the vans to drive us to games in other states so our team can play against other deaf teams. Now we have to rent a bus to go to games, to go on field trips, go to our transition classes and any other school events.”

Rep. John Ward (DFL-Brainerd), the sponsor of HF116, said last year’s law required bus drivers to comply with a number of requirements, including a physical and drug test. However, the previous sponsors intended to exempt “temporary or incidental Type III school vehicle drivers” because driving would not be part of their “normal duties.” But he said the Department of Public Safety interpreted the law whereby anyone who might drive a Type III vehicle must meet the requirements.

Type III vehicles are passenger autos, vans and buses that hold no more than 10 people, and whose maximum gross weight is 10,000 pounds. They are used, for example, when a fine arts coach drives their team to a meet.

“The last thing we want is a district to either cut the program or, even worse, tell students they are to start driving themselves to events and meets,” Ward said.

While not jeopardizing safety provisions in the 2008 law aimed at persons with a school bus endorsement, the bill would allow a district employee with any class of commercial driver’s license to operate a Type III vehicle without having the physical exam or passing a drug and alcohol test. Drivers would need to have their license annually verified by an employer and they must notify the employer if convicted for certain DWI and traffic regulation offenses.

Representatives from Education Minnesota and the Minnesota School Boards Association spoke in support of the bill.

Approved by the division, the bill awaits action by the House Public Safety Policy and Oversight Committee.

Its companion, SF33, sponsored by Sen. Rick Olseen (DFL-Harris), awaits action by the Senate Judiciary Committee.

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