(1) For purposes of this section and Section 53-8-211.5, "education entity" means:

1. (a) a school district;
2. (b) a charter school;
3. (c) a private school; and
4. (d) the Utah Schools for the Deaf and the Blind.

(2)

1. (a) A school bus operated by an education entity in this state is required to pass a safety inspection annually and the Highway Patrol shall:

   1. (i) perform safety inspections at least once each school year on all school buses operated by each education entity in the state for the transportation of students, except as otherwise provided in Subsection (2)(b);
   2. (ii) annually, at a time during the school year other than the time of the inspection described in Subsection (2)(a)(i), perform safety inspections on 20% of the school buses operated by an education entity, selected randomly, except as otherwise provided in Subsection (2)(b); and
   3. (iii) cause to be removed from the public highways any vehicle found to have mechanical or other defects under this Subsection (2)(a) endangering the safety of passengers and the public until the defects have been corrected.

2. (b)

   1. (i) An education entity may 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, and after consultation with the State Board of Education.

   2. (ii) The rules under Subsection (2)(b)(i) shall include provisions for:

      1. (A) maintaining school bus drivers' hours of service records;
      2. (B) requiring school bus drivers to maintain vehicle condition reports;
      3. (C) maintaining school bus maintenance and repair records; and
      4. (D) validating that defects discovered during the inspection process have been corrected prior to returning a school bus to service.

   3. (iii)

      1. (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).
      2. (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.
   4. (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.
   5. (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.