§ 6-19-110 - Bus drivers -- Loading and discharging pupils.
               	 		
6-19-110.    Bus drivers -- Loading and discharging pupils.
    (a)  As used in this section:
      (1)  "Motor  vehicle" means all vehicles, all movable engines, or machines that are  operated or propelled by motor vehicle fuel and that are operated and  used for travel on public roads and highways; and
      (2)    (A)  "School bus" means a motor vehicle designed to carry more than ten (10) passengers:
                  (i)  Owned  by a public or a governmental agency or a private school and operated  for the transportation of students to or from school or school-sponsored  activities; or
                  (ii)  Privately  owned and operated for compensation for the transportation of students  to or from school or school-sponsored activities.
            (B)  A motor vehicle designed to carry more than twenty- five (25) passengers is exempt from this section if the motor vehicle is:
                  (i)  Owned  by a public or a governmental agency or a private school and operated  for the transportation of students to or from school-sponsored  activities but not used to transport students on any scheduled school  bus route; or
                  (ii)  Privately  owned and operated for compensation under contract to a school district  and used for the transportation of students to or from school-sponsored  activities.
(b)  The purpose of this section is to improve the safety of children being loaded and unloaded as passengers on a school bus.
(c)    (1)  The  superintendent and director of transportation of each school district,  in consultation with the appropriate law enforcement agency and  appropriate prosecuting authority, shall develop a school bus safety  plan designed to ensure the safety of children being loaded onto or  unloaded from school buses.
      (2)  The school bus safety plan shall include provisions to:
            (A)  Reduce the occurrence of a motor vehicle passing a stopped school bus that is loading or unloading students; and
            (B)  Assist  bus drivers to learn methods of identifying characteristics of a motor  vehicle and its operator who violate    27-51-1004 or    27-51-1005 to  provide to law enforcement officers to improve the likelihood that the  operator of a motor vehicle who violates    27-51-1004 or    27-51-1005  will be prosecuted.
(d)    (1)  The  driver of a school bus shall load and unload the passengers of the bus  at the extreme right side of the paved or improved portion of the road  or the highway and at the right curbing when the curbing is maintained  on the road or the highway.
      (2)  A driver of a school bus who fails to carry out the provisions of this subsection is guilty of a Class C misdemeanor.
(e)    (1)  A  driver of a school bus who observes an operator of a motor vehicle  violating    27-51-1004 or    27-51-1005 shall report the license plate  number, issuing state if different than Arkansas, and a brief  description of the vehicle to the superintendent within two (2) hours  after the end of the driver's shift for that period of the day.
      (2)  Within  forty-eight (48) hours of the observation, the superintendent shall  provide the information to the appropriate law enforcement agency or  appropriate prosecuting authority with jurisdiction over the incident.
      (3)  The  appropriate law enforcement agency or appropriate prosecuting authority  with jurisdiction over the incident who is provided a report under this  section shall provide written notice to the superintendent regarding  the outcome of the report.
      (4)  The  superintendent shall provide information regarding the outcome of the  report to the driver of the school bus who initiated the report.
(f)  A  person who observes an operator of a motor vehicle violating     27-51-1004 or    27-51-1005 may report the incident to the appropriate  law enforcement agency or appropriate prosecuting authority with  jurisdiction over the incident.