[PART IX. PUPIL TRANSPORTATION]
§286-181 Pupil transportation safety. (a) As used in this section "school vehicle" means any publicly or privately owned motor vehicle used to transport pupils to and from a school, as defined in section 302A-901, school functions, or school-related events, except:
(b) The department of transportation shall grant exemptions for the use of vehicles other than school vehicles, including motorcoaches, small buses, and vans, when the department finds that compliance with this section is:
No exemption shall be granted for the qualifications of individuals driving a bus as defined in section 286-2 and the individuals shall meet school vehicle driver qualifications.
(c) The exemptions in subsection (b) shall be granted:
(d) Notwithstanding any law to the contrary, the department of transportation may grant exemptions for the use of vehicles other than school vehicles, including the use of motorcoaches, small buses, and vans that may not meet school bus regulations but shall otherwise meet vehicle requirements and qualifications set forth in chapter 19-143, Hawaii Administrative Rules, for school bus services, when an adult staff chaperone escorts students being transported between designated locations off-campus and designated locations on-campus, when the department of transportation finds that compliance with this section is impossible or impractical; provided that an adult staff chaperone provided by the department of education escorts students being transported between designated off-campus and designated on-campus locations; provided further that no exemption shall be granted for the qualifications of individuals driving a bus as defined in section 286-2 and the individuals shall meet school vehicle driver qualifications.
(e) The department of transportation shall adopt safety rules and standards relating to school vehicles, equipment, and drivers, including but not limited to:
provided that the rules and standards shall permit the use of small buses, vans, or motorcoaches for the transportation of pupils of a public or private day care center, child care facility, headstart program, preschool, kindergarten, elementary, or secondary school, including any special school for children in the State with an accompanying adult staff chaperone escort provided by the department of education for students transported between designated locations off-campus and designated locations on-campus or of school pupils and school staffs to and from school-related activities.
(f) The department of education shall adopt necessary rules governing passenger conduct, passenger safety instruction, and disciplinary procedures for the enforcement of the rules applicable to passengers on school vehicles operated by or under contract with the State. Any pupil who fails to comply with any rule adopted pursuant to this subsection shall not be subject to section 286-10 but shall be subject to discipline in accordance with rules adopted by the department.
(g) Any person operating a school vehicle who fails to comply with any rule adopted pursuant to this section shall be fined not more than $500 or imprisoned not more than six months, or both.
(h) The director of transportation, or any officer, employee, or representative of the department of transportation appointed by the director shall be responsible for the enforcement of any safety rules and standards adopted pursuant to subsection (e). The director of transportation may request that the executive officers of each county and any other state agency having responsibility relative to pupil transportation provide additional enforcement of any rule adopted by the department of transportation.
(i) As used in subsection (b), a school vehicle is unavailable when it: