Section 257.1865 - Use of school bus for transporting persons other than pupils; mileage, insurance, fees, and other costs; priority; purchase of additional school buses; checking and servicing school
THE PUPIL TRANSPORTATION ACT (EXCERPT)
Act 187 of 1990
257.1865 Use of school bus for transporting persons other than pupils; mileage, insurance, fees, and other costs; priority; purchase of additional school buses; checking and servicing school buses; definition; rights of school employees; collective bargaining agreements.
Sec. 65.
(1) Pursuant to an agreement made under subsection (4), a school may permit the use of a school bus which is not otherwise being used for school purposes by an organization or group for purposes of transporting senior citizens or retired or disabled persons, or by a nonprofit organization for purposes of transporting its members to or from an activity, event, or outing, if the school determines that suitable or economically feasible public or private transportation is not available for this purpose. Mileage, insurance, and other costs may be paid by the group or organization or may be waived by the school.
(2) A school may permit the use of a school bus for the purposes of transporting persons other than pupils to school-sponsored events. The school may collect a fee for transporting persons other than pupils to or from school-sponsored events to cover expenses for the trips involved. Insurance to indemnify the school, its officers, or employees against liability for damages arising out of the use of school buses shall be obtained before persons other than pupils are transported and fees charged. The pupils of the school shall be given first priority for any transportation furnished by the school.
(3) A school shall not purchase additional school buses for the sole purpose of implementing this section.
(4) A local unit of government, including a city, county, village, or township, may enter into an agreement with a school within its area for the use of school buses to transport senior citizens or retired or disabled persons, or members of a nonprofit organization, subject to the same terms and conditions provided in subsection (1) and subject to the terms and conditions in subsection (5).
(5) A school may contract with a federal, state, or local unit of government or an authorized government subcontractor for the use of a school bus to transport persons, if all of the following conditions exist:
(a) The school bus is not being used for school purposes.
(b) The persons are to be transported to or from an activity which is sponsored or operated by the unit of government.
(c) The school bus is not to be used for transporting freight, goods, or merchandise other than that which is carried on the laps of individual passengers.
(d) A subcontractor of a unit of government has obtained written evidence of a contract with the governmental agency which shows that the subcontractor is authorized to expend funds for the transportation for which the use of a school bus is requested.
(e) It is determined that other suitable or economical transportation is not available.
(6) A school bus shall be returned in adequate time to be properly checked and serviced for its scheduled route assignment.
(7) As used in this section, “nonprofit organization” means any 1 of the following:
(a) A corporation organized under the nonprofit corporation act, Act No. 162 of the Public Acts of 1982, being sections 450.2101 to 450.3192 of the Michigan Compiled Laws.
(b) A corporation to which the nonprofit corporation act applies as provided in sections 121 and 123 of Act No. 162 of the Public Acts of 1982, being sections 450.2121 and 450.2123 of the Michigan Compiled Laws.
(c) A group, society, organization, or association organized to carry out any lawful purpose not involving pecuniary profit or gain for its officers, trustees, or members.
(8) Nothing in this section shall be construed to eliminate, modify or restrict any of the rights or collective bargaining agreements school employees have under Act No. 336 of the Public Acts of 1947, being sections 423.201 to 423.216 of the Michigan Compiled Laws.
History: 1990, Act 187, Eff. Aug. 15, 1990