(1) For purposes of this section and Section 53-8-211.5, "education entity" means: (a) a school district; (b) a charter school; (c) a private school; and (d) the Utah Schools for the Deaf and the Blind. (2) (a) A school bus operated by an education entity in this state is required to pass a safety inspection annually. (b) (i) An education entity shall perform the safety inspections of a school bus that it operates in accordance with rules made by the division under Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (ii) The rules under Subsection (2)(b)(i) shall include provisions for: (A) maintaining school bus drivers' hours of service records; (B) requiring school bus drivers to maintain vehicle condition reports; (C) maintaining school bus maintenance and repair records; and (D) validating that defects discovered during the inspection process have been corrected prior to returning a school bus to service. (iii) (A) The division shall audit school bus safety operations of each education entity performing inspections under Subsection (2)(b)(i) to ensure compliance with the rules made under Subsection (2)(b)(i). (B) The audit may include both a formal examination of the education entity's inspection records and a random physical inspection of buses that have been safety inspected by the education entity. (iv) An education entity must have a comprehensive school bus maintenance plan approved by the division in order to participate in the safety inspection program. (v) An education entity may not operate any vehicle found to have mechanical or other defects that would endanger the safety of passengers and the public until the defects have been corrected. (3) In addition to a safety inspection required under Subsection (2)(b), the Highway Patrol shall: (a) perform random safety inspections: (i) annually on a minimum of 20% of the school buses operated by an education entity; and (ii) on 100% of school buses operated by an education entity when inspections conducted pursuant to Subsection (3)(a)(i) result in an out-of-service failure rate as determined by the division; (b) verify that defects discovered during an inspection under Subsection (3)(a) have been corrected; and (c) make publicly available the results of inspections performed under Subsection (3)(a). (4) Motor vehicles operated by an education entity, and not used for the transportation of students, are subject to Section 53-8-205.
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