CHAPTER Saf-C 1300  SCHOOL BUS TRANSPORTATION

 

                  Statutory Authority:  RSA 21-P:14, V(b), (c), (d)

 

PART Saf-C 1301  PURPOSE

 

          Saf-C 1301.01  Purpose.  The purpose of these rules is to reduce the danger of death or injury to pupils while they are being transported to and from school and school related activities.  These rules provide consistency in the areas of school bus design and operation by school districts and school bus contractors.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss by #8248, eff 1-4-05

 

PART Saf-C 1302  DEFINITIONS

 

          Saf-C 1302.01  "Approved school bus" means a motor vehicle or multipurpose passenger vehicle as defined in RSA 259:96 used for the transportation of pupils to any school or school related activity and which has been issued identification indicating that it has been approved as a school bus and meets the inspection requirements of RSA 266:7.  The term shall not include a motor vehicle used by a parent to transport his/her children to any school, or school related activity.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss by #8248, eff 1-4-05

 

          Saf-C 1302.02  "Commissioner" means “commissioner” as defined in RSA 259:13.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss by #8248, eff 1-4-05

 

          Saf-C 1302.03  "Department" means “department” as defined in RSA 259:19.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss by #8248, eff 1-4-05

 

          Saf-C 1302.04  "Director" means “director” as defined in RSA 259:20.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss by #8248, eff 1-4-05

 

          Saf-C 1302.05  "Division" means “division” as defined in RSA 259:22.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss by #8248, eff 1-4-05

 

          Saf-C 1302.06  "Highway patrol and enforcement officer" means a law enforcement officer of the department of safety, division of motor vehicles, appointed pursuant to RSA  21-P:4, IV.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss by #8248, eff 1-4-05

 

          Saf-C 1302.07  "Manufacture date" means the date that the chassis was manufactured, if the body and chassis are built by different manufacturers, or the date of certification by the manufacturer, if the body and chassis are built by a single manufacturer.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss by #8248, eff 1-4-05

 

          Saf-C 1302.08  "Multipurpose passenger vehicle" means a vehicle such as a van, station wagon and passenger vehicle of a type that is not designed as a school bus and has a rated passenger capacity of a maximum of 10 passengers including the driver.  The term does not include a vehicle which has been equipped with seating to carry a maximum of 10 passengers but is manufactured solely for the transportation of cargo.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss by #8248, eff 1-4-05

 

          Saf-C 1302.09  “North American Standard” means the publication distributed by the Commercial Vehicle Safety Alliance, 2006 edition.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss by #8248, eff 1-4-05; amd by #8723, eff 9-8-06

 

          Saf-C 1302.10  “Out of service” means “out of service” as defined in the north american standard.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss and moved by #8248, eff 1-4-05 (from Saf-C 1302.09)

 

          Saf-C 1302.11  “Private passenger vehicle” means “private passenger vehicle” as defined in RSA 259:81.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss by #8248, eff 1-4-05

 

          Saf-C 1302.12  "Pupil instruction" means directions offered to pupils who are transported in a vehicle for educational activities.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss and moved by #8248, eff 1-4-05 (from Saf-C 1302.10)

 

          Saf-C 1302.13  "Pupil" means a person under the age of 21, who is enrolled in any school, kindergarten through twelfth grade, or any person who is enrolled in a program for students with special needs. The term includes “student”.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss and moved by #8248, eff 1-4-05 (from Saf-C 1302.11)

 

          Saf-C 1302.14  “School bus” means “school bus” as defined in RSA 259:96.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss by #8248, eff 1-4-05

 

          Saf-C 1302.15  "School bus type" means a type A, B, C or D school bus as defined in the national school transportation specifications and procedures, 2005 edition.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss and moved by #8248, eff 1-4-05 (from Saf-C 1302.12); amd by #8723, eff 9-8-06

 

          Saf-C 1302.16  "School bus driver" means a person, certified pursuant to RSA 263:29, who drives any school bus transporting pupils to and from any private or public school or school related activity.

 

Source.  #8248, eff 1-4-05 (from Saf-C 1302.13); amd by #8723, eff 9-8-06

 

          Saf-C 1302.17  "School related activity" is an event or sports activity involving pupils, to include intramural events, sponsored or approved by a school, school district, school board or school administrative unit.

 

Source.  #8248, eff 1-4-05 (from Saf-C 1302.14)

 

PART Saf-C 1303  GENERAL APPLICABILITY

 

          Saf-C 1303.01  Federal Safety Standards Adopted.  All vehicles which are used to carry pupils to and from school or school related activities shall comply with applicable current federal motor vehicle safety standards, state law and these rules.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss by #8248, eff 1-4-05

 

          Saf-C 1303.02  Hearing Procedures.

 

          (a)  The bureau of hearings of the department shall conduct administrative hearings based upon complaints involving violations of these rules.

 

          (b)  All hearings shall be conducted in accordance with the provisions of Saf-C 200.

 

          (c)  A hearing may result in the suspension of driving privileges, or revocation of school bus driving privileges, school bus inspection certificates or registrations.

 

          (d)  A hearing shall be conducted if:

 

(1)  A written complaint is received by the division alleging an illegal or unsafe act by a school bus driver;

 

(2)  The issuance or renewal of a school bus driver's certificate is denied; or

 

(3)  A person fails to obtain any permit, license or registration, fails to file any report, or fails to pay any fees, penalties or interest required by law or these rules.

 

          (e)  The complaint in (d) above shall:

 

(1)  Describe the act;

 

(2)  State the identity or a description of the violator and the vehicle, if known;

 

(3)  State the time and place of the alleged violation; and

 

(4)  State the name and address of any witness.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss by #8248, eff 1-4-05

 

          Saf-C 1303.03  Reporting a Positive Test Result.

 

          (a)  A person shall report a positive test result on any alcohol or drug test to the division within 24 hours of receiving the results.

 

          (b)  A person who receives a positive test result on any alcohol or drug test shall have his/her school bus driver's certificate suspended, pending an administrative hearing.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss by #8248, eff 1-4-05

 

          Saf-C 1303.04  Reporting a Child Left Unattended.  All school districts and school bus companies shall report any incident involving a child left unattended on a school bus to the division within 24 hours of becoming aware of the incident.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss by #8248, eff 1-4-05

 

          Saf-C 1303.05  Reporting an Emergency Evacuation Drill.

 

          (a)  The superintendent of a school district, or his/her designee, shall report, in writing, any emergency evacuation drills which have occurred to the pupil transportation supervisor no later than October 15th and May 15th of each school year.

 

          (b)  In addition to the requirements of (a) above, the superintendent of a school district, or his/her designee, shall report any emergency evacuation drill to the division within 24 hours of completion of the drill.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss by #8248, eff 1-4-05

 

          Saf-C 1303.06  Reporting a School Bus Accident.

 

          (a)  Any accident involving a school bus shall be reported in accordance with the provisions of RSA 264 and all applicable rules.

 

          (b)  In addition to the requirements of (a) above, the superintendent of a school district, or his/her designee, shall report any accident  involving a school bus to the division within 24 hours of the accident.

 

Source.  #8248, eff 1-4-05

 

          Saf-C 1303.07  Common and Contract Carriers.  Common and contract carriers, while engaged in school bus transportation, shall comply with all applicable laws and rules pertaining to school buses.

 

Source.  #8248, eff 1-4-05 (from Saf-C 1303.04)

 

          Saf-C 1303.08  Waiver.

 

          (a)  A person may request the commissioner, in writing, to waive any portion of these rules.

 

          (b)  Each request for a waiver shall include the following:

 

(1)  The particular portion(s) of the rules sought to be waived; and

 

(2)  A detailed explanation as to the reason for the waiver.

 

          (c)  The commissioner shall review each request for a waiver and make a determination based upon the individual facts and particular reasons set forth in the request.

 

          (d)  The commissioner shall grant a waiver, in writing, in the event the waiver will not:

 

(1)  Interfere with the safe operation of a school bus; or

 

(2)  Have a direct impact upon the safety of the pupils.

 

Source.  #8248, eff 1-4-05 (from Saf-C 1303.05)

 

          Saf-C 1303.09  Registration.

 

          (a)  Each approved school bus shall be properly registered.

 

          (b)  Each school bus shall have one of the following types of registration:

 

(1)  Government;

 

(2)  School bus;

 

(3)  Commercial;

 

(4)  Passenger; or

 

(5)  Apportioned.

 

          (c)  No school bus shall have dual registration, for example, government and commercial plates, school bus and government plates, or any combination thereof.

 

          (d)  Notwithstanding (c) above, a school bus that is contracted and operating in border states of New Hampshire and in New Hampshire, shall be properly registered in both states.

 

          (e)  Any school bus contracted or leased to a school, school district or town, which is registered in the name of the school, school district or town, shall be exclusively used for the transportation of pupils for said school, school district or town, to and from school and school related activities.

 

Source.  #8248, eff 1-4-05 (from Saf-C 1303.06)

 

PART Saf-C 1304  DRIVER REQUIREMENTS

 

          Saf-C 1304.01  Qualifications of Applicant.

 

          (a) No person shall drive a school bus or be issued a certificate to drive a school bus or multipurpose passenger vehicle unless the person:

 

(1)  Is 18 years of age or older and has a minimum of 2 years experience driving a motor vehicle. Any interstate driver shall be 21 years of age or older;

 

(2)  Holds a valid driver license of the proper classification and endorsement for the type of vehicle to be driven;

 

(3)  Has submitted his/her name to the division on a roster, form DSMV 126, signed by the person responsible at the company for which the person shall be driving a school bus;

 

(4)  Can read and speak sufficiently to converse with the public, understand highway traffic signs and signals, respond to official inquiries, and make entries on required reports and records;

 

(5)  Has been physically examined and is qualified to drive a school bus in accordance with the provisions of 49 CFR 391.41 through 49 CFR 391.47;

 

(6)  Meets the requirements of 49 CFR 382, pertaining to controlled substances and alcohol use and testing, if the person is a holder of a commercial driver license;

 

(7)  Has successfully completed a written examination required by the department;

and

 

(8)  Meets the requirements of RSA 189:13-a.

 

          (b)  For the purposes of (a)(7) above, the written examination shall consist of rules of the road, motor vehicle laws and rules for driving a school bus.

 

          (c)  Upon successful completion of the requirements set forth in (a) above, a school bus driver's certificate shall be issued, expiring on the same date as the person’s driver license.

 

          (d)  To maintain a school bus driver's certificate, the driver’s name shall be submitted to the division on a roster, form DSMV 126, pursuant to (a)(3) above.  The roster shall be submitted no later than July 15th for the ensuing school year to allow time for the division to complete a motor vehicle and criminal record check.  To maintain a school bus driver's certificate, the school district or transportation manager shall provide proof that the driver has completed 8 hours of annual instruction, pursuant to Saf-C 1305.03(a).

 

          (e)  Upon renewal of a driver license, the person shall take a written examination on the rules of the road, motor vehicle laws and rules for driving a school bus in order to renew a school bus driver's certificate.

 

          (f)  A licensed school bus driver who has not been on the roster, pursuant to (a)(3) above, for one year, shall successfully complete the written examination required in (a)(7) above.

 

          (g)  A school bus driver, who is 70 years of age or older, shall complete the following on an annual basis:

 

(1)  Written examination;

 

(2)  Visual acuity examination;

 

(3)  Pre-trip inspection of the school bus;

 

(4)  Commercial driver license examination, if applicable;

 

(5)  Road skills examination in a vehicle of the same class as his/her driver license;

and

 

(6)  Physical examination, as set forth in Saf-C 1304.02.

 

          (h)  Upon successful completion of the requirements set forth in (g) above, a school bus driver's certificate shall be issued, expiring on August 15th of the following year.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss by #8248, eff 1-4-05

 

          Saf-C 1304.02  Physical Examination.

 

          (a)  Pursuant to Saf-C 1304.01(a)(6), each applicant shall submit to a physical examination.

 

          (b)  The applicant shall be responsible for insuring that a copy of the physical examination is submitted to his/her employer.

 

          (c)  The frequency of a physical examination shall be as follows:

 

(1)  Every 2 years, for each school bus driver who is under the age of 70, in accordance with the provisions of 49 CFR 391.43; or

 

(2)  Annually, prior to the beginning of the school year and operation of a school bus, for each school bus driver who is 70 years of age or older, in accordance with the provisions of 49 CFR 391.43.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss by #8248, eff 1-4-05

 

          Saf-C 1304.03  Disqualification of Applicant.

 

          (a)  A person who is denied a school bus driver's certificate shall not drive a school bus.  An owner, manager, or supervisor of a school bus company shall not permit a disqualified person to drive a school bus.

 

          (b)  Pursuant to RSA 263:29, each applicant for a school bus driver's certificate shall be denied certification in the event the department receives information showing good cause.

 

          (c)  Good cause shall include the following:

 

(1)  Arrest, conviction or indictment involving the commission of a crime in which the applicant used a motor vehicle to commit said crime;

 

(2)  Arrest, conviction or indictment for deviate behavior such as rape, deviate sexual relations or sexual assault;

 

(3)  Arrest, conviction or indictment for an offense resulting in the corruption or delinquency of a minor child;

 

(4)  Arrest or indictment for driving a motor vehicle under the influence of alcohol or controlled drugs, leaving the scene of a motor vehicle accident, reckless driving or driving to endanger;

 

(5)  A conviction within the preceding 10 years for:

 

a.  Driving a motor vehicle under the influence of alcohol or controlled drugs;

 

b.  Leaving the scene of a motor vehicle accident;

 

c.  Reckless driving; or

 

d.  Driving to endanger, unless in the judgment of the commissioner, the  applicant's reputation is such that the conviction is unlikely to adversely affect the applicant's physical, mental or moral fitness to drive a school bus;

 

(6)  Arrest, conviction or indictment involving the manufacture, illegal transportation, possession, sale or use of a controlled drug;

 

(7)  Arrest, conviction or indictment of New Hampshire motor vehicle or criminal law or law of any other jurisdiction, that has a direct bearing on the applicant's fitness to hold a school bus driver's certificate;

 

(8)  Involvement in a motor vehicle accident that has a direct bearing on the applicant's fitness to drive;

 

(9)  A determination that the applicant is an abuser of alcohol, prescription drugs or controlled substances;

 

(10)  Financial responsibility is required and is not on file with the department, if applicable; or

 

(11)  A determination by the pupil transportation supervisor that the applicant is a danger to him/herself or to a child.

 

          (d)  Each applicant for a school bus driver's certificate shall not be eligible for a certificate for one year, if his/her driver record report has sufficient convictions.  For the purposes of this rule, “sufficient convictions” means 3 accidents with findings of fault, 3 convictions or a combination of 3 accidents and convictions, within the 24 month period preceding the date the driver record report is generated.

 

          (e)  For the purposes of (d) above, motor vehicle convictions which shall be considered for disqualification include the following:

 

(1)  RSA 263:1-a, allowing an improper person to drive a motor vehicle;

 

(2)  RSA 263:2, failure to display or produce driver license for inspection by an officer;

 

(3)  RSA 263:85, allowing an improper person to drive a commercial motor vehicle;

 

(4)  RSA 263:13, failure to abide by driver license restrictions;

 

(5)  RSA 263:92, driving a motor vehicle with the improper class of driver license;

 

(6)  RSA 263:30, driving without a motorcycle license;

 

(7)  RSA 265:3, obedience to a police officer;

 

(8)  RSA 265:9, obedience to any required traffic control device;

 

(9)  RSA 265:25, following too closely;

 

(10)  RSA 265:26-a, driving on a sidewalk;

 

(11)  RSA 265:28, failure to yield the right of way;

 

(12)  RSA 265:30, failure to obey a yield sign;

 

(13)  RSA 265:31, failure to obey a stop or a yield sign;

 

(14)  RSA 265:37, RSA 265:41, failure to use due care;

 

(15)  RSA 265:45, failure to signal turn;

 

(16)  RSA 265:48-51, improper conduct at a railroad crossing;

 

(17)  RSA 265:94, illegal backing;

 

(18)  RSA 265:95, obstruction of driver's view;

 

(19)  RSA 265:96, improperly opening and closing vehicle doors;

 

(20)  RSA 265:99, coasting;

 

(21)  RSA 265:100, following fire apparatus too closely;

 

(22)  RSA 265:106, prohibited carrying of passengers in truck;

 

(23)  RSA 265:60-67, speeding;

 

(24)  RSA 261:75, RSA 261:77, knowing misuse of plates;

 

(25)  RSA 261:76, knowing failure to display plates;

 

(26)  RSA 265:16, failure to drive on right hand side of the road;

 

(27)  RSA 265:18-20, improper passing;

 

(28)  RSA 265:22, crossing yellow line;

 

(29)  RSA 261:61, knowing misuse of registration;

 

(30)  RSA 262:3, false report of theft;

 

(31)  RSA 262:7, RSA 262:10, changing or removing vehicle identification;

 

(32)  RSA 262:16, modifying or forging an inspection sticker or registration decal;

 

(33)  RSA 265:54, overtaking and passing a school bus;

 

(34)  RSA 262:1, alteration of title;

 

(35)  RSA 262:12, taking without owner's consent;

 

(36)  RSA 262:17, odometer tampering;

 

(37)  RSA 263:63, driving without proof of financial responsibility;

 

(38)  RSA 263:64, driving after revocation or suspension;

 

(39)  RSA 264:25, conduct after an accident;

 

(40)  RSA 265:4, disobeying a police officer;

 

(41)  RSA 265:75, racing on highway; and

 

(42)  RSA 265:79, reckless driving.

 

          (f)  The applicant shall be denied a school bus driver's certificate pending further investigation in the event the applicant fails to reveal information pertaining to any formal action in any other jurisdiction, including:

 

(1)  Suspension;

 

(2)  Revocation;

 

(3)  Default; or

 

(4)  Fine requirements.

 

          (g)  The applicant and his/her employer or superintendent shall be notified immediately of any denial of certification in this section.

 

          (h)  Each applicant whose school bus driver's certificate is denied shall be afforded notice and the opportunity for an administrative hearing.

 

          (i)  Each person requesting a hearing shall present a written request to the bureau of hearings in accordance with the provisions of Saf-C 200.

 

          (j)  The scope of the hearing shall include the following:

 

(1)  Review of the evidence submitted, pursuant to (b) and (c) above, which supports the denial of a school bus driver's certificate;

 

(2)  Applicant’s age;

 

(3)  Number of years of driving experience;

 

(4)  Type(s) of conviction, moving or non-moving;

 

(5)  Past history as it relates to current convictions;

 

(6)  Mitigating circumstances;

 

(7)  Evidence of any alcohol related convictions or violations within the preceding 10 years;

 

(8)  Evidence of a physical, mental or emotional impairment that would preclude safe operation of a motor vehicle;

 

(9)  Evidence that the person is on any medication that would preclude safe operation of a motor vehicle; and

 

(10)  Any other evidence indicating the applicant's fitness to safely drive a school bus.

 

          (k)  The division shall notify the applicant’s employer of any decision from the bureau of hearings.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss by #8248, eff 1-4-05

 

          Saf-C 1304.04  Revocation of School Bus Driver's Certificate.

 

          (a)  Upon receipt of information showing good cause, the department shall revoke a school bus driver's certificate, after notice and the opportunity for an administrative hearing.

 

          (b)  Good cause shall include the following:

 

(1)  Arrest, conviction or indictment involving the commission of a crime in which the driver used a motor vehicle to commit said crime;

 

(2)  Arrest, conviction or indictment for deviate behavior such as rape, deviate sexual relations or sexual assault;

 

(3)  Arrest, conviction or indictment for an offense resulting in the corruption or delinquency of a minor child;

 

(4)  Arrest, conviction or indictment for driving a motor vehicle under the influence of alcohol or controlled drugs, leaving the scene of a motor vehicle accident, reckless driving, or driving to endanger;

 

(5)  Arrest, conviction or indictment involving the manufacture, illegal transportation, possession, sale or use of a controlled drug;

 

(6)  Arrest, conviction or indictment of New Hampshire motor vehicle or criminal law or law of any other jurisdiction, that has a direct bearing on the driver's fitness to hold a school bus driver's certificate;

 

(7)  A determination that a driver license has been suspended or revoked and has not been reinstated in this or in any other jurisdiction;

 

(8)  Involvement in a motor vehicle accident that has a direct bearing on the driver's fitness to drive;

 

(9)  A determination that the driver is an abuser of alcohol, prescription drugs or controlled substances;

 

(10)  A determination by the pupil transportation supervisor that the driver is a danger to him/herself or to a child being transported by the driver;

 

(11)  Financial responsibility is required and is not on file with the department, if applicable;

 

(12)  Evidence that the driver has altered his/her school bus driver's certificate;

 

(13)  Evidence that the certificate holder lent his/her school bus driver's certificate to any other person;

 

(14)  Evidence that the driver has displayed, represents or holds as his/her own a school bus driver's certificate not issued by proper authority;

 

(15)  Evidence that the driver has displayed or holds any fictitious, facsimile or simulated school bus driver's certificate;

 

(16)  Evidence that the driver has photographed, photostatted, duplicated or in any other manner reproduced a school bus driver's certificate in such a way that it could be construed as a valid school bus driver's certificate;

 

(17)  Evidence that the driver has used a false or fictitious name, age, address or put false information on any application or form or document utilized to support the application for a school bus driver's certificate;

 

(18)  Evidence of any medical condition, physical or mental, including but not limited to seizures, that would preclude safe operation of a motor vehicle; or

 

(19)  Evidence that the driver has left a child unattended on a school bus, without the approval of the school district.

 

          (c)  Each driver whose school bus driver's certificate is sought to be revoked pursuant to this section shall be afforded notice and the opportunity for an administrative hearing.

 

          (d)  The scope of the hearing shall include the following:

 

(1)  Review of the evidence submitted, pursuant to (a) and (b) above, which supports the revocation of a school bus driver's certificate;

 

(2)  Driver's age;

 

(3)  Number of years of driving experience;

 

(4)  Type(s) of conviction, moving or non-moving;

 

(5)  Past history as it relates to current convictions;

 

(6)  Mitigating circumstances;

 

(7)  Evidence of any alcohol related convictions or violations within the preceding 10 years;

 

(8)  Evidence of  a physical, mental or emotional impairment that would preclude safe operation of a motor vehicle;

 

(9)  Evidence that the person is on any medication that would preclude safe operation of a motor vehicle; and

 

(10)  Any other evidence indicating the driver's fitness to safely drive a school bus.

 

          (e)  Notwithstanding (a) above, the director shall revoke a school bus driver's certificate immediately, pursuant to RSA 263:59, if he/she receives evidence that the school bus driver:

 

(1)  Is physically or mentally an improper or incompetent person to drive;

 

(2)  Is driving improperly so as to endanger the public;

 

(3)  Is appealing a conviction of a violation of any provision of title XXI; or

 

(4)  Has made a material false statement in his/her application.

 

          (f)  Any person whose school bus driver's certificate has been revoked pursuant to (e) above, shall be entitled to an administrative hearing in accordance with the provisions of Saf-C 200.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss by #8248, eff 1-4-05

 

          Saf-C 1304.05  Exemption From School Bus Driver's Certificate.

 

          (a)  Each person who transports his/her own children in a private passenger vehicle to or from school or a school related activity shall not be required to obtain a school bus driver's certificate pursuant to RSA 263:29 and these rules.

 

          (b)  Each person who transports other children in a private passenger vehicle to or from school or a school related activity shall not be required to obtain a school bus driver's certificate pursuant to RSA 263:29 and these rules, as long as he/she is not under contract or reimbursement agreement with a municipality.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss and moved by #8248, eff 1-4-05 (from Saf-C 1304.06)

 

PART Saf-C 1305  DRIVER INSTRUCTION PROGRAM

 

          Saf-C 1305.01  Purpose.  The purpose of this part is to set forth the program of instruction for each school bus driver so as to improve the driver's performance.  This program includes instruction by a school bus driver instructor currently certified by the division, using instructional and informational films and other audio-visual aids.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss by #8248, eff 1-4-05

 

          Saf-C 1305.02  Pre-Service Instruction.

 

          (a)  Each school bus driver shall successfully complete, as determined by his/her employer, the program of instruction for driving a school bus.  The length of instruction shall be a minimum of 10 hours.  Road skills training shall be exclusive of instructional time.

 

          (b)  Each new and renewal contract negotiated by a school district for school bus transportation shall contain a clause requiring each school bus driver to undergo training in accordance with the requirements of (c) and (d), below.

 

          (c)  Pre-service instruction shall include the following:

 

(1)  Instructing each school bus driver to cope with:

 

a.  A range of environmental issues;

 

b.  Issues pertaining to the vehicle; and

 

c.  A range of issues involving passengers;

 

(2)  Promoting an understanding and application of federal and state laws and rules governing the operation of a school bus;

 

(3)  Instruction regarding the application of basic first aid measures;

 

(4)  Instruction regarding emergencies such as fire, accidents and adverse weather conditions;

 

(5)  Instruction regarding the performance of visual pre-trip safety inspections and the completion of vehicle inspection reports;

 

(6)  Instruction regarding the basic concepts of pupil control and discipline;

 

(7)  Instructing each school bus driver to become familiar with his/her role in promoting safe fleet performance;

 

(8)  Instructing each school bus driver to become familiar with the necessary record keeping procedures for driving a school bus as required by these rules and the driver's employer;

 

(9)  Instruction regarding the type of vehicle the school bus driver shall be driving including:

 

a.  Smooth starting, stopping and turning techniques;

 

b.  Proper use of signals;

 

c.  Use of mirrors;

 

d.  Proper use of the clutch and gearshift or automatic transmission; and

 

e.  Picking up and discharging pupils;

 

(10)  Instructing each school bus driver to become familiar with the necessity of stopping at railroad grade crossings pursuant to RSA 265:50;

 

(11)  Instructing each school bus driver to become familiar with the procedures for conducting emergency evacuation drills for every means of egress, including:

 

a.  Front door evacuation;

 

b.  Rear door evacuation;

 

c.  Front-rear door evacuation;

 

d.  Kicking out the windshield; and

 

e.  Using roof hatches and side emergency doors;

 

(12)  Instructing each school bus driver to report emergency evacuation drills to the superintendent of the school district no later than October 15th and May 15th of each school year; and

 

(13)  Instructing each school bus driver to become familiar with the requirements of 49 CFR 382, pertaining to controlled substances and alcohol use and testing, as well as the employer's policies and procedures with respect to those requirements.

 

          (d)  Each school district shall certify that each school bus driver in the district has satisfactorily completed the pre-service instruction program before the school bus driver is certified by the director.  The company or school bus owner shall maintain records for 24 months indicating the dates of training, the period of time and the areas covered.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss by #8248, eff 1-4-05

 

          Saf-C 1305.03  In-Service Instruction.

 

          (a)  The purpose of in-service instruction is to improve school bus driver skills, attitude and knowledge.

 

          (b)  Each school bus driver, on an annual basis, shall successfully complete a minimum of 8 hours of instruction or review in order to maintain a satisfactory level of driver competence and knowledge of changes in laws, rules and procedures.  The instruction shall include the items set forth in Saf-C 1305.02(c).

 

          (c)  In-service instruction shall include the following:

 

(1)  Reviewing all pre-service requirements;

 

(2)  Elements of a defensive driving course approved by the commissioner, in accordance with Saf-C 212.07(b);

 

(3)  First aid;

 

(4)  Unique concerns of area and region;

 

(5)  Field trip/activity trip procedures;

 

(6)  Skid procedures and vehicle handling procedures;

 

(7)  Use of fire extinguisher;

 

(8)  Sexual harassment;

 

(9)  Updating and reviewing transportation issues involving special needs students;

 

(10)  Reviewing district and company policies regarding the transportation of students;

 

(11)  Railroad grade crossing safety; and

 

(12)  Meeting the requirements of RSA 193-F:3, pertaining to pupil safety and

violence prevention.

 

          (d)  The superintendent of each school district, or his/her designee, shall submit the roster, form DSMV 126, to the division no later than July 15th of each calendar year, verifying compliance with this section.  A completed form DSMV 126 shall include a certified statement from the school bus driver instructor that he/she has trained the drivers listed on form DSMV 126.

 

          (e)  The designee in (d) above, shall furnish the following on the front side of form DSMV 126:

 

(1)  Name and address of school district;

 

(2)  Supervisory administrative unit (SAU) number;

 

(3)  Date the information was recorded;

 

(4)  Name, address and telephone number of the owner or bus contractor;

 

(5)  School year;

 

(6)  Each school bus driver's:

 

a.  Date of birth; and

 

b.  Name and address;

 

(7)  Indication as to whether the school bus driver is new or a renewal;

 

(8)  Indication as to whether the school bus driver is a holder of an out-of-state driver license; and

 

(9)  Signature of the superintendent of schools or transportation manager.

 

          (f)  The school bus driver instructor shall furnish the following on the back side of form DSMV 126:

 

(1)  Name and address of school district;

 

(2)  SAU number;

 

(3)  Name of each instructor;

 

(4)  Name of school district or bus company that employs the school bus driver instructor;

 

(5)  Each driver's:

 

a.  Name and date of birth; and

 

b.  Course completion date;

 

(6)  Indication as to whether the school bus driver attended new or renewal driver training;

 

(7)  Signature of school bus driver instructor and date signed; and

 

(8)  Expiration date of school bus driver instructor's certificate.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss by #8248, eff 1-4-05

 

          Saf-C 1305.04  School Bus Driver Instructor Certification.

 

          (a)  A school bus driver instructor shall have a valid school bus driver's certificate.

 

          (b)  The school bus driver instructor's certification course shall consist of a minimum of 32 hours.

 

          (c)  The certification course shall have a curriculum that addresses communication skills, driving skills, personnel management, behavior management, instructional methods, first aid, emergency procedures and mechanics, including:

 

(1)  The skills and knowledge necessary to ensure the safety of pupils and other motorists; and

 

(2)  Promoting an understanding and application of federal and state laws and rules governing the operation of a school bus.

 

          (d)  The certification course shall be reviewed by the division to ensure it meets the curriculum set forth in (c) above.

 

          (e)  Each applicant for school bus driver instructor certification shall successfully complete, with a grade of 90% or higher, a written 100 question multiple choice examination conducted by the department. Each applicant may retake the multiple choice examination as many times as is necessary to obtain a grade of 90% or higher as long as the examination is successfully passed within 6 months of completion of the school bus driver instruction certification course.

 

          (f)  The written examination in (e) above, shall include the following areas:

 

(1)  Operation of a motor vehicle and a school bus;

 

(2)  Information contained in the New Hampshire driver's manual and New Hampshire handbook for school bus drivers;

 

(3)  Motor vehicle laws; and

 

(4)  These rules.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss by #8248, eff 1-4-05

 

          Saf-C 1305.05  School Bus Driver Instructor Recertification.

 

          (a)  Each school bus driver instructor's recertification shall consist of a minimum of 18 credit hours within a 3 year period.  One credit hour shall be granted for every hour of courses, workshops, or seminars. A one-time 3 month extension shall be granted, for good cause, to fulfill the minimum 18 hour credit within a 3 year period as long as the outstanding number of credits needed is no more than 3.

 

          (b)  For the purposes of (a) above, good cause shall include:

 

(1)  Temporary disability;

 

(2)  Family illness; or

 

(3)  Death in the family.

 

          (c)  Each recertification course shall be reviewed by the division to ensure that it has a curriculum in compliance with the areas set forth in Saf-C 1305.04(c) or any other related school bus safety curriculum.

 

          (d)  The instructor shall submit the list of courses, workshops and seminars attended to the division 2 months prior to the expiration date of the school bus driver's certificate.  The list shall include the hours of attendance and shall be signed by the instructor's employer.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss by #8248, eff 1-4-05

 

PART Saf-C 1306  OPERATION OF SCHOOL BUS

 

          Saf-C 1306.01  Seating.

 

          (a)  Each pupil shall have a seat and shall not sit in the lap of another passenger.

 

          (b)  No vehicle shall carry more pupils than its manufacturer's rated capacity, unless an unplanned, temporary, non-recurring or emergency situation arises.

 

          (c)  For the purposes of (b) above, an emergency situation shall include an accident or mechanical failure as long as every passenger can be seated in a seat.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss and moved by #8248, eff 1-4-05 (from Saf-C 1316.01)

 

          Saf-C 1306.02  Discharging and Loading Passengers.

 

          (a)  The driver of each school bus used for the transportation of pupils shall:

 

(1)  Bring the bus to a complete stop in order to receive or discharge passengers; and

 

(2)  Proceed only after all persons have cleared the danger zone of the bus and all passengers are properly seated.

 

          (b)  For the purposes of (a)(2) above, "danger zone" means the 10 foot area immediately surrounding the stopped school bus.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss and moved by #8248, eff 1-4-05 (from Saf-C 1316.02)

 

          Saf-C 1306.03  Operation of Flashing Lights.

 

          (a)  The 8-light warning system required on each school bus shall be operated as follows:

 

(1)  The school bus driver shall activate the amber pilot light and amber warning lights a minimum of 100 feet prior to stopping the bus to receive or discharge passengers.  The entrance door shall remain closed;

 

(2)  As the driver approaches a school bus stop, he/she shall check traffic on all sides of the bus, to ensure that traffic is stopping for the bus;

 

(3)  After the bus has come to a complete stop and it is safe to receive or discharge passengers, the school bus driver shall open the entrance door and activate the red flashing lights; and

 

(4)  The driver shall close the entrance door, extinguishing the 8-light warning system, after all passengers are properly seated or discharged.

 

          (b)  In the event a school bus is equipped with white strobe lights pursuant to RSA 266:39, the lights shall be in continuous operation throughout the entire bus route, home to school and school to home.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss and moved by #8248, eff 1-4-05 (from Saf-C 1316.03)

 

          Saf-C 1306.04  Unattended School Bus.

 

          (a)  A school bus driver shall not leave a school bus unattended when passengers are on the bus, except in the event of an emergency, such as an accident or mechanical failure.

 

          (b)  In the event a school bus driver has to leave a school bus in the event of an emergency, the driver shall:

 

(1)  Park the bus in proper gear with the parking brake applied;

 

(2)  Activate the 4-way flashers;

 

(3)  Shut off the bus;

 

(4)  Remove the keys from the bus;

 

(5)  Chock the wheels and put reflectors in place pursuant to RSA 265:113; and

 

(6)  Remain within 100 feet of the bus and have an unobstructed field of view of the bus at all times when passengers are on the bus.

 

          (c)  Depending upon the emergency situation, the school bus driver shall instruct the passengers on all proper procedures to be followed.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss and moved by #8248, eff 1-4-05 (from Saf-C 1316.04)

 

          Saf-C 1306.05  Behavior of School Bus Driver.

 

          (a)  For the purposes of this section, "on-duty" means the time a bus driver starts work or is required to be in readiness for work, until the time he/she is relieved from work and all responsibility for performing work.

 

          (b)  While on-duty, each school bus driver shall:

 

(1)  Properly wear the seat-belt assembly when operating the school bus;

 

(2)  Be appropriately dressed in accordance with these rules and school district or school bus company policy.  For the purposes of this paragraph, "appropriately dressed" means a neat and clean appearance; and

 

(3)  Wear a closed-toe and closed-heeled shoe or boot.

 

          (c)  While on-duty, each school bus driver shall not:

 

(1)  Use tobacco products.  For the purposes of this paragraph, "tobacco products" includes cigarettes, cigars, pipes and chewing tobacco;

 

(2)  Consume or transport any intoxicating liquor or beverage pursuant to 49 CFR 392.5, or drugs;

 

(3)  Use vulgar or obscene language or gestures in the presence of pupils;

 

(4)  Consume any food or beverage while the bus is in motion or while passengers are on the bus;

 

(5)  Use a cellular phone while the bus is in motion; and

 

(6) Use any television viewer, screen or other means of visually receiving a television broadcast or recorded video signal while the bus is in motion.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss and moved by #8248, eff 1-4-05 (from Saf-C 1316.05)

 

          Saf-C 1306.06  Fueling of School Bus.

 

          (a)  A school bus shall not be fueled while passengers are on the bus.

 

          (b)  The engine shall be shut off during fueling.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss and moved by #8248, eff 1-4-05 (from Saf-C 1316.06)

 

          Saf-C 1306.07  Emergency Exits.  Emergency exits shall not be used as an entrance or an exit, except in the event of an emergency or an emergency evacuation drill.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss and moved by #8248, eff 1-4-05 (from Saf-C 1316.07)

 

          Saf-C 1306.08  Aisle Space.

 

          (a)  The aisle of each school bus shall be free from obstructions at all times.

 

          (b)  Objects such as musical instruments, books, athletic equipment and tools shall not be placed in the aisle of the bus.

 

          (c)  In the event that skis or similar equipment are carried on a school bus, they shall be secured pursuant to the requirements set forth in (d) below.

 

          (d)  No person shall drive a school bus and a motor carrier shall not require or permit a person to drive a school bus unless baggage, freight or other cargo is stowed and secured in a manner which assures the:

 

(1)  Unrestricted freedom of movement to the school bus driver and his/her proper operation of the bus;

 

(2)  Unobstructed access to all exits by any occupant of the bus; and

 

(3)  Protection of the occupants of the bus against injury resulting from the falling or displacement of articles or objects transported in the bus.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss and moved by #8248, eff 1-4-05 (from Saf-C 1316.08)

 

          Saf-C 1306.09  Railroad Grade Crossing Procedure.

 

          (a)  Pursuant to RSA 265:50, I and II, each school bus driver shall stop at all railroad grade crossings.

 

          (b)  Each school bus driver shall complete the following at each railroad grade crossing:

 

(1)  Activate the 4-way hazard lights at least 150 feet from the railroad grade crossing;

 

(2)  Move as far to the right of the road as practical in the desired lane of travel;

 

(3)  Turn off the master switch;

 

(4)  Completely stop the bus at least 15 feet, but no more than 50 feet, from the nearest rail;

 

(5)  Open the entrance door and the driver's window to look in both directions for approaching trains;

 

(6)  Shut off noisy equipment, instruct passengers to be quiet and listen for an approaching train;

 

(7)  When it is safe to do so, close the entrance door, put the bus in appropriate gear and proceed across the tracks without shifting gears; and

 

(8)  After the rear of the bus has cleared the tracks, turn off the 4-way hazard lights and turn on the master switch.

 

          (c)  Prior to permitting a new or substitute driver to drive a school bus, each employer shall notify the new or substitute driver of:

 

(1)  The procedures set forth in (a) and (b) above; and

 

(2)  Any characteristics of railroad grade crossings unique to the particular school bus route.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss and moved by #8248, eff 1-4-05 (from Saf-C 1316.09)

 

PART Saf-C 1307  VEHICLE MAINTENANCE AND INSPECTION

 

          Saf-C 1307.01  Vehicle Inspection.  All school bus inspections shall be conducted in accordance with the inspection criteria set forth in Saf-C 1315.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss and moved by #8248, eff 1-4-05 (from Saf-C 1306.01)

 

          Saf-C 1307.02  Vehicle Maintenance.

 

          (a)  Each school bus inspected pursuant to RSA 266:1 and RSA 266:7 shall be maintained in safe operating condition.  A preventive maintenance program shall be followed to ensure proper care of  a school bus, whether owned, leased or contracted.

 

          (b)  A maintenance schedule shall be kept by every school bus owner on a chronological basis.  The maintenance records shall be retained for a minimum of 24 months and shall be available for inspection by a highway patrol and enforcement officer during normal business hours.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss and moved by #8248, eff 1-4-05 (from Saf-C 1306.02)

 

          Saf-C 1307.03  Inspection.  Each approved school bus shall be inspected semi-annually at an official inspection station, pursuant to RSA 266:1, RSA 266:7 and Saf-C 3200.  Each  school bus subject to the federal motor carrier safety regulations shall also be inspected and maintained in accordance with 49 CFR parts 391 and 393.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss and moved by #8248, eff 1-4-05 (from Saf-C 1306.03)

 

          Saf-C 1307.04  Annual and Unscheduled Inspections.  In addition to the requirements of RSA 266:1, each approved school bus used to transport pupils shall be subject to one or more inspections on an annual basis by a highway patrol and enforcement officer pursuant to RSA 266:1, IX and RSA 266:7.  The purpose of  any inspection shall be to determine if a school bus is safe and fit for the transportation of pupils.  The owner or driver of a school bus shall be required to have the vehicle available for inspection.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss and moved by #8248, eff 1-4-05 (from Saf-C 1306.04)

 

          Saf-C 1307.05  Out Of Service Vehicle.  During an inspection pursuant to RSA 266:7, any school bus that is found to be unsafe or unfit for the transportation of pupils shall have an out of service vehicle sticker placed on the windshield.  The out of service vehicle sticker shall not be removed until the required repairs have been made by the carrier or his/her agent and noted on the vehicle condition report.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss and moved by #8248, eff 1-4-05 (from Saf-C 1306.05)

 

          Saf-C 1307.06  Daily Pre-Trip Inspection.

 

          (a)  Each driver of an approved school bus shall perform a visual daily pre-trip inspection of  his/her vehicle.  The responsibility for ensuring that daily inspections are conducted and that appropriate reports are maintained shall be placed with the driver or a person designated by the school district.

 

          (b)  The pre-trip inspection shall include the following:

 

(1)  Windshield and wipers;

 

(2)  Engine compartment, including battery, belts, wiring, oil level, fluid level and radiator;

 

(3)  All outside lights;

 

(4)  Exhaust system;

 

(5)  Leakage of water or oil under the bus;

 

(6)  Tires and wheels;

 

(7)  Emergency exits and buzzers, including:

 

a.  Entrance door;

 

b.  Windows;

 

c.  Roof hatches, if applicable; and

 

d.  Rear door;

 

(8)  All mirrors;

 

(9)  All gauges;

 

(10)  Defrosters, heaters and horn;

 

(11)  Emergency equipment, including:

 

a.  Complete first aid kit;

 

b.  Fire extinguisher;

 

c.  Reflector kits; and

 

d.  Chock blocks;

 

(12)  All glass;

 

(13)  Brakes, including fluid leaks;

 

(14)  Seats;

 

(15)  All interior lights;

 

(16)  Cleanliness of bus interior;

 

(17)  Security of fuel filler cap;

 

(18)  Stop arm;

 

(19)  Crossing control arm, if applicable;

 

(20)  8-light warning system; and

 

(21)  Wheelchair lift, if applicable.

 

          (c)  Each school bus carrier shall require each school bus driver to complete a "vehicle condition report" in duplicate, at the completion of each day for each school bus type operated, including multipurpose passenger vehicles.  The report shall contain the items listed in (b) above and shall indicate any defects or deficiencies discovered which might affect the safety of operation of the school bus or result in its mechanical breakdown.

 

          (d)  Each vehicle condition report shall be submitted as follows:

 

(1)  If no defects are found, the report shall so indicate and one copy shall be submitted to the carrier at the end of the day, and the other shall remain on the school bus;

 

(2)  If a defect is found, the report shall so indicate and one copy shall be submitted to the carrier at the end of the day, and the other shall remain on the school bus;

 

(3)  Any defect shall be corrected prior to the school bus being driven;

 

(4)  The driver shall sign each report; and

 

(5)  A legible copy of the previous vehicle condition report shall remain on the school bus.

 

          (e)  All vehicle condition reports shall be retained by the school bus owner for a minimum of 3 months and shall be available for inspection by a highway patrol and enforcement officer.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss and moved by #8248, eff 1-4-05 (from Saf-C 1306.06)

 

          Saf-C 1307.07  Correction of Defects.  Any defect which might create a hazard for passengers or other motorists shall be corrected before the school bus transports pupils. Each school bus carrier or his/her agent shall certify on the vehicle condition report that a correction has been made or that a correction is not required.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss and moved by #8248, eff 1-4-05 (from Saf-C 1306.07)

 

          Saf-C 1307.08  Records.  A written record shall be maintained by each school bus owner on all repairs conducted on each individual school bus.  The records shall be retained for a minimum of 24 months and shall be available for inspection by a highway patrol and enforcement officer during normal business hours.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss and moved by #8248, eff 1-4-05 (from Saf-C 1306.08)

 

          Saf-C 1307.09  Cleanliness.  Each school bus shall be maintained in a neat and clean condition and the interior shall be swept on a daily basis.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss and moved by #8248, eff 1-4-05 (from Saf-C 1306.09)

 

          Saf-C 1307.10  Carbon Monoxide Intrusion.  Each school bus which registers, by use of a meter, a level of carbon monoxide of 20 parts per million or greater inside the passenger compartment, shall not be operated until the defect is corrected and the school bus retested by a highway patrol and enforcement officer for a level of carbon monoxide of less than 20 parts per million.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss and moved by #8248, eff 1-4-05 (from Saf-C 1306.10)

 

PART Saf-C 1308  SCHOOL BUS TYPE BODY AND CHASSIS DESIGN

 

          Saf-C 1308.01  Aisle.

 

          (a)  Each aisle shall have a width of no less than 12 inches, and shall be straight and unobstructed through the entire passenger seating area parallel to the major axis of the school bus.  Extra seats or obstructions in aisles, including the aisle leading to the emergency exit door, shall not be permitted.

 

          (b)  A flip seat in the "up" position shall not obstruct the 12 inch minimum aisle width to any side emergency door.

 

          (c)  On each school bus manufactured on or after July 1, 1990, each seat back shall be sufficiently slanted to give aisle clearance of 15 inches at the top of the seat back.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss and moved by #8248, eff 1-4-05 (from Saf-C 1307.01)

 

          Saf-C 1308.02  Back-Up Warning Alarm.  Each school bus shall be equipped with a reverse directional alarm or a back-up alarm which has a minimum Dba rating of 97.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss and moved by #8248, eff 1-4-05 (from Saf-C 1307.02)

 

          Saf-C 1308.03  Body Structure and Dimensions.

 

          (a)  Body construction shall be of fire resistant material.

 

          (b)  The body construction and all subsequent repairs shall be of prime quality steel or other metal or material equivalent in strength to all-steel, as certified by the manufacturer of the school bus body, and shall be free of sharp edges, tears or other defects inside or outside that might cause injury.

 

          (c)  The body construction shall be of sufficient quality to provide a reasonably dust-proof, gas-proof, weather tight and fume-proof unit.  Openings between the chassis and passenger compartment shall be sealed to prevent fumes or gases from entering the school bus body.

 

          (d)  The manufacturer of the school bus body shall indicate the month and year of final completion of the vehicle in a permanent and readily visible location on the body.

 

          (e)  The floor shall be level except in the wheel-housing, toe-board, stepwell, fuel pipe area and the driver's platform area.

 

          (f)  The overall bus length shall not exceed 45 feet, excluding accessories.

 

          (g)  The overall bus width shall not exceed 102 inches, excluding accessories.

 

          (h)  The chassis frame shall support the rear body cross member.  The school bus body shall be attached to the chassis frame at each main floor sill, except where chassis components interfere in such a manner as to prevent shifting or separation of the body from the chassis when impacted by force such as an automobile collision.

 

          (i)  Insulating material shall be placed at all contact points between the body and the chassis frame on all school bus types, and shall be attached to the chassis frame or body so that it shall not move when impacted by force such as an automobile collision.

 

          (j)  Any alteration to extend the length of the chassis frame shall be for the purpose of extending the wheel base.  An alteration may be made only if designed and guaranteed either by the original chassis manufacturer or by the company installing the school bus body.

 

          (k)  When installing the body on the chassis frame, the installer(s) shall insert a spacer at every point of contact between the body and the frame.  Each spacer shall be of such a form that shearing stresses shall not be put upon rivet heads.

 

          (l)  No school bus body shall be removed or remounted on to a new, old or rebuilt chassis without obtaining prior written approval from the commissioner.  Approval shall only be given to replace a body or chassis which has been damaged by a collision or an accident.  In the event a body is remounted, it shall meet or exceed the requirements for the body year of the body which replaced it.

 

          (m)  All openings in the floorboard or firewall between the chassis and passenger compartment, such as for the gearshift lever and parking brake lever, shall be sealed.

 

          (n)  On each type B, C, and D school bus manufactured on or after July 1, 1991, the inside body height shall be 72 inches or more, measured floor to ceiling, at any point on a longitudinal center line from the front vertical bow to the rear vertical bow.  The inside body height of each type A school bus with a gross vehicle weight rating of 10,000 pounds or less shall be 63 inches or more.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss and moved by #8248, eff 1-4-05 (from Saf-C 1307.03)

 

          Saf-C 1308.04  Bumpers.

 

          (a)  Front bumpers shall:

 

(1)  Be furnished by the chassis manufacturer as part of the chassis;

 

(2)  Extend beyond the forward-most part of the body, grill, hood and fenders, at the top line of the bumper;

 

(3)  Have at a minimum, an 8 inch face painted black, and shall extend to protect the outer edges of the fenders; and

 

(4)  Be made of pressed steel channel or equivalent material no less than 3/16 of an inch thick.

 

          (b)  Rear bumpers shall:

 

(1)  Have at a minimum, an 8 inch face painted black;

 

(2)  Be made of pressed steel channel or equivalent material no less than 3/16 of an inch thick;

 

(3)  Be attached directly to the chassis frame with a provision for easy removal and shall wrap around the rear corners of the body to a point no less than 12 inches forward, measured from the face of the bumper;

 

(4)  Be designed to prevent hitching or riding thereon and shall be of sufficient strength to permit the school bus to be pushed by another vehicle of comparable weight, without causing any permanent deformation;

 

(5)  Extend rearward a minimum of one inch to protect all lamps but not more than 2 inches beyond the rearmost part of the body surface, measured at the floor line; and

 

(6)  If provided by the chassis manufacturer, be permitted on type A conversion  school buses.

 

          (c)  The bumpers of each school bus may be marked diagonally 45 degrees down to the centerline of pavement with 2 inch X 1/4 inch wide strips of non-contrasting reflective material.

 

Source.  #4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss and moved by #8248, eff 1-4-05 (from Saf-C 1307.04)

 

          Saf-C 1308.05  Color.

 

          (a)  Each school bus body shall be painted a uniform color known as national school bus yellow.

 

          (b)  The school bus body exterior paint trim, bumpers, lamp hoods, emergency door arrow and lettering shall be black.

 

          (c)  The chassis of each school bus shall be black or national school bus yellow.  The cowl shall be national school bus yellow.  The wheel rims and grill shall be yellow, gray, chrome or black.

 

          (d)  The hood of each school bus shall be painted with gloss or non-reflective paint of national school bus yellow or black.

 

          (e)  The fenders of each school bus shall be national school bus yellow or black.

 

Source.  #8248, eff 1-4-05 (from Saf-C 1307.05)

 

          Saf-C 1308.06  Defrosters.

 

          (a)  Defrosting and defogging equipment shall direct a sufficient flow of heated air onto the windshield, the window to the left of the driver and the glass in the viewing area directly to the right of the driver, in order to eliminate frost, fog and snow.  The defroster unit shall have a separate blower motor in addition to the heater motors.

 

          (b)  Defrosting and defogging equipment shall be capable of furnishing heated outside ambient air.  That portion of the system which furnishes additional air to the windshield, entrance door and step-well may be of the recirculating air type.

 

          (c)  Auxiliary fans may be used to supplement the defrosting and defogging equipment.

 

          (d)  Portable heaters shall not be used as defrosting or defogging equipment.

 

Source.  #8248, eff 1-4-05 (from Saf-C 1307.06)

 

          Saf-C 1308.07  Emergency Exits.

 

          (a)  The entrance door of each school bus shall:

 

(1)  Be under the control of the driver and designed to allow easy release and prevent accidental opening;

 

(2)  Operate in a manner that when a hand lever is used, no part shall come together so as to shear or crush fingers;

 

(3)  Be located on the right side of the bus opposite the driver and within his/her direct view;

 

(4)  Have a minimum horizontal opening of 24 inches and a minimum vertical opening of 68 inches and have a minimum opening of 1200 square inches, if a type A school bus;

 

(5)  Be one of the following types:

 

a.  Split-type, including any sectioned door that divides and opens inward or outward.  If one section of the door opens inward and the other opens outward, the front section shall open outward;

 

b.  Sedan; or

 

c.  Jackknife;

 

(6) Have approved safety glass in which the bottom of the lower glass panel shall be no more than 35 inches from the ground when the bus is unloaded and in which the top of the upper glass panel shall be no more than 6 inches from the top of the door.

 

(7) Have upper panel window(s) of safety glass of a minimum of 350 square inches, if a type A school bus;

 

(8)  Be equipped with flexible material on the vertical closing edges of split-type or folding type entrance doors to protect the passenger's fingers;

 

(9)  Be equipped with a chassis manufacturer's standard door;

 

(10)  Be equipped with padding at the top edge of the door opening which shall be no less than 3 inches in width and one inch thick and extend the full width of the door opening; and

 

(11)  If power operated, have a clearly labeled emergency release device placed above or immediately to the left or the right of the door.

 

(b)  The emergency door of each school bus shall:

 

(1)  Be hinged on the right side if located at the rear of the bus and on the front side if located on the side of the bus;

 

(2)  Open outward and labeled inside to indicate how the emergency door is to be opened;

 

(3)  Be equipped on the upper portion with a minimum of 400 square inches of approved safety glazing.  Be equipped with a minimum of 350 square inches of approved safety glazing on the lower portion of the rear emergency door, if a type B, C or D school bus;

 

(4)  Have no steps leading to it;

 

(5)  Have the words "EMERGENCY DOOR", both inside and outside in letters no less than 2 inches in height, placed at the top in the metal panel above the top glass. In the event a school bus has the words "SCHOOL BUS" enclosed in glass, lettering may be placed under the top glass portion;

 

(6)  Be equipped with padding at the top edge of each door opening which shall be no less than 3 inches in width and one inch thick and extend the full width of the door opening;

 

(7)  Be marked with an arrow no less than 6 inches in length with a 3/4 inch brush stroke, black in color, on the outside opening device that indicates the direction the device shall be turned for releasing, to allow opening from the outside. The inside emergency door shall be marked in the same fashion;

 

(8)  Be equipped with a buzzer system which provides a distinctive, automatically operated signal that indicates to the driver the unlatching of the door and no cut-off shall be installed in the circuit, except through the ignition switch; and

 

(9)  Not have a seat or other object placed on the school bus that restricts the passage to the emergency door to less than 12 inches.

 

          (c)  For the purposes of (b)(3) above, approved safety glazing means glazing construction as set forth in 49 CFR 393.60.

 

          (d)  Notwithstanding (b)(9) above, a flip seat may be used next to the side emergency door as long as it is placed so that the passage to the emergency door is 12 inches or more when the seat is empty.

 

          (e)  In addition to the requirements of (b) above, in the event that double emergency doors are used on a type A school bus, they shall be hinged on the outside edge and have a 3-point fastening device;

 

          (f)  Each school bus manufactured on or after July 1, 1991 shall have a red light above each emergency door or rear emergency window on the inside of the school bus.

 

          (g)  Any door, other than emergency and entrance doors, shall be secured or rendered inoperable.

 

          (h)  Any door with an anti-vandalism device shall comply with the requirements of Saf-C 1313.04 (b) or (c), as applicable.

 

          (i)  The rear window, if intended as an emergency exit, shall:

 

(1)  Be designed to be opened from either the inside or the outside;

 

(2)  Be hinged at the top;

 

(3)  Be equipped with a linkage or a mechanism which automatically holds the opened

window against the force of gravity at the minimum hinge opening angle of 60 degrees plus or minus 5 degrees measured from the closed window position;

 

(4)  Be equipped with a linkage or a mechanism which will not prevent the window

from opening a full 90 degrees against the force of gravity in the event the school bus tips over; and

 

(5)  Have a non-detachable outside handle, designed to minimize hitching-to or riding on the handle.

 

          (j)  Each school bus equipped with a rear emergency window shall have a rear divan seat which shall:

 

(1)  Be covered by a shelf installed parallel to the floor, which is capable of supporting a weight of 600 pounds over any 4 square inch area of shelf, in the event the distance from the top of the back of the divan seat to the rear of the school bus is more than 2 inches; and

 

(2)  Not have the seat back and shelf, if applicable, obstruct the clear opening of the window.

 

          (k)  Each school bus manufactured on or after July 1, 1991 and before September 1, 1994, shall be equipped with emergency push-out windows as follows:

 

(1)  For 11-20 student capacity, one per side;

 

(2)  For 21-35 student capacity, 2 per side;

 

(3)  For 36-65 student capacity, 3 per side; and

 

(4)  For 66 or more student capacity, 4 per side.

 

          (l)  Each school bus shall have a distinctive, automatically operated audible signal that indicates to the driver the unlatching of any emergency window, and no cut-off shall be installed in the circuit, except through the ignition switch.

 

Source.  #8248, eff 1-4-05 (from Saf-C 1307.07)

 

          Saf-C 1308.08  Fenders.

 

          (a)  The total spread of the outer edges of each fender, measured at the fender line, shall exceed the total spread of the front tires when the front wheels are in the straight-ahead position.

 

          (b)  The front fenders shall be properly braced and free from any body attachments.

 

Source.  #8248, eff 1-4-05 (from Saf-C 1307.08)

 

          Saf-C 1308.09  Floor.

 

          (a)  The floor shall be constructed of metal equivalent in strength to 14 gauge steel and shall be constructed to prevent exhaust gases from entering the body of the school bus.

 

          (b)  All seams shall be sealed with a waterproof sealer.

 

          (c)  All closures between the school bus body and the engine compartment shall be fitted with gaskets in order to prevent exhaust gases from entering the passenger compartment.

 

          (d)  The floor of the driver's compartment, stepwell and toe-board areas, including the tops of the wheel-housing, shall be covered with a wear and fire resistant material.

 

          (e)  The floor covering in the aisle, stepwell and entrance area of each school bus shall be of non-skid fire resistant, rib-type material. Each school bus manufactured on or after July 1, 1991 shall comply with the requirements of Saf-C 1308.17(c).

 

          (f)  The floor covering shall not crack when subjected to a sudden temperature change and shall be securely bonded to the floor with a waterproof adhesive material, as recommended by the manufacturer of the floor covering.

 

Source.  #8248, eff 1-4-05 (from Saf-C 1307.09)

 

          Saf-C 1308.10  Frame.

 

          (a)  The frame shall be of such design and strength to correspond, at a minimum, with the standard practice for the frames of commercial trucks of the same general load characteristics which are used on the highway.

 

          (b)  The drilling of holes in the top or the bottom of flanges or side units of the frame and welding on the frame shall not be permitted except as provided by the chassis manufacturer.

 

Source.  #8248, eff 1-4-05 (from Saf-C 1307.10)

 

          Saf-C 1308.11  Fuel System and Tank.

 

          (a)  The fuel system tank shall comply with the requirements of Federal Motor Vehicle Safety Standard (FMVSS) 301, 10/01/03.

 

          (b)  No portion of the fuel system on each type B, C and D school bus, except the filler tube, shall extend above the top of the chassis frame rail.  Fuel lines shall be mounted to obtain the maximum possible protection from the chassis frame.  There shall be no leaks in the fuel lines from the engine to the fuel tank.

 

          (c)  The fuel tank shall have a minimum capacity of 18 gallons.  Each school bus shall have a minimum capacity of 30 gallons with a minimum of 83% actual draw as provided by the chassis manufacturer.  The fuel tank shall be filled and vented entirely outside the body compartment.  The location of the fuel tank shall be such that accidental fuel spillage will not drip or drain on any part of the exhaust system.

 

          (d)  A replaceable fuel filter shall be installed between the fuel tank and engine.

 

          (e)  Flexible gasoline and oil proof connections shall be provided at the end of the fuel feed line at its connection to the engine or accessories.

 

          (f)  The fuel tank shall not extend in height above the side member of the chassis, in width beyond the outer edge of the body or in depth below the regular bottom step location.

 

          (g)  The fuel tank shall be securely attached to the school bus.

 

          (h)  The fuel tank shall be constructed of not less than 18 gauge template or the equivalent and shall have crash barrier protection.

 

Source.  #8248, eff 1-4-05 (from Saf-C 1307.11)

 

          Saf-C 1308.12  Heaters.

 

          (a)  Heaters shall be of hot water type.

 

          (b)  In the event only one heater is used, it shall be a fresh-air or a combination of fresh-air and recirculating air type.

 

          (c)  In the event more than one heater is used, additional heaters may be a recirculating air type.

 

          (d)  The heating system shall be capable of maintaining a temperature of not less than 40 degrees fahrenheit throughout the school bus while operating at a 50 percent or greater load capacity at an average minimum January temperature, as established by the U.S. department of commerce weather bureau, for the area in which the school bus is operated.

 

          (e)  Heater hoses shall be adequately supported to guard against excessive wear due to vibration.  The hoses shall not dangle or rub against the chassis or sharp edges and shall not interfere with or restrict the operation of any engine function.  Heater hoses shall comply with the requirements of Society of Automotive Engineers standard J20, 2004.  Heater lines, in the interior of the school bus, shall be shielded to prevent scalding of the driver or any passenger.

 

          (f)  The shut-off valve for the hot water system shall be installed by a body manufacturer in the pressure and return lines at or near the engine.

 

          (g)  There shall be a water flow regulating valve installed in the pressure line for convenient operation by the driver while seated.

 

          (h)  Accessible bleeder valves shall be installed in the heater to remove air from the heater lines.

 

          (i)  Heater motors, cores and fans shall be readily accessible for service.

 

Source.  #8248, eff 1-4-05 (from Saf-C 1307.12)

 

          Saf-C 1308.13  Horn.  Each school bus shall be equipped with a horn which is capable of producing a reliable warning signal that can be heard 200 feet from the bus.

 

Source.  #8248, eff 1-4-05 (from Saf-C 1307.13)

 

          Saf-C 1308.14  Identification and Marking.

 

          (a)  Each vehicle shall be marked with the words "....(city or town) schools" or the name of the transportation company on both sides of the bus in black letters no less than 5 inches in height, using 3/4 inch brush strokes. The location of the wording shall be directly below the window line.  Numbers on the side of the bus shall be near the front line of lettering.

 

          (b)  In addition to (a) above:

 

(1)  Each school bus manufactured before July 1, 1991 with permanent plates is authorized to have the name of the carrier, school district and town on both sides of the vehicle; and

 

(2)  Each school bus manufactured on or after July 1, 1991 with permanent plates is authorized to have the name of the school district and town on both sides of the vehicle.

 

          (c)  The words "STOP ON SIGNAL" shall be in permanent black letters on the rear of the bus.  The word "STOP" by itself, shall not be used.  The words "STOP ON SIGNAL" shall not appear on the front of the bus.

 

          (d)  The name of the owner, operator or both may be located to the immediate left of the entrance door and directly below the driver's window. The lettering shall comply with the requirements of (g) below.

 

          (e)  Seating capacity shall be in permanent letters on the body of the school bus to the left of the entrance door below the window level and the letters shall be 2 inches in height and one 1/4 inches wide with a 3/8 inch width, as follows:

 

(1)  Student capacity - - -;

 

(2)  Adult capacity - - -;

 

(3)  No standees - - -;

 

(4)  In lieu of (1) and (2) above, - - -/13 inch seats.

 

          (f)  Signs or lettering, other than required or permitted in this section, shall not appear on the front, back or sides of the bus.  The words "SCHOOL BUS" shall be displayed in black letters, 8 inches in height and in compliance with "Series B" of the standard alphabet for highway signs on the national school bus yellow background.  Fleet identification and/or route, alpha or numeric designations, ICC and DOT numbering shall be permitted.  No ICC numbers shall be placed on any vehicle that has permanent plates.

 

          (g)  Fleet identification lettering shall:

 

(1)  Be black, unless the school bus body's color is black, in which case the lettering shall be white;

 

(2)  Be located on the sides of the school bus;

 

(3)  Be visible from a distance of 50 feet while the school bus is stationary and during daylight hours; and

 

(4)  Be 2 inches in height and one 1/4 inches wide with a 3/8 inch width.

 

          (h)  No advertisements, decals or decorations, except the bus manufacturer's logo, shall be permitted on the exterior of the school bus.

 

Source.  #8248, eff 1-4-05 (from Saf-C 1307.14)

 

          Saf-C 1308.15  Ignition Lock.  Each school bus shall be equipped with an ignition lock that requires the use of a key or other device to permit activation of the vehicle starter system.

 

Source.  #8248, eff 1-4-05 (from Saf-C 1307.15)

 

          Saf-C 1308.16  Instruments and Instrument Panel.

 

          (a)  The chassis shall be equipped with the following instruments and gauges:

 

(1)  Speedometer;

 

(2)  Odometer, which shall give accrued mileage, and may include tenths of miles;

 

(3)  Voltmeter or an ampmeter with graduated charge and discharge with compatible wiring and generating capacities;