TITLE 8. EDUCATION
STATE BOARD OF EDUCATION
Proposed Regulation
Title of Regulation:
8VAC20-70. Regulations Governing Pupil Transportation (amending 8VAC20-70-10,
8VAC20-70-40, 8VAC20-70-100, 8VAC20-70-110, 8VAC20-70-130, 8VAC20-70-140,
8VAC20-70-150, 8VAC20-70-160, 8VAC20-70-170, 8VAC20-70-180, 8VAC20-70-200,
8VAC20-70-220, 8VAC20-70-230, 8VAC20-70-280, 8VAC20-70-300, 8VAC20-70-350,
8VAC20-70-360, 8VAC20-70-370, 8VAC20-70-380, 8VAC20-70-420, 8VAC20-70-430,
8VAC20-70-450, 8VAC20-70-460, 8VAC20-70-480, 8VAC20-70-490, 8VAC20-70-510,
8VAC20-70-525; adding 8VAC20-70-31, 8VAC20-70-271, 8VAC20-70-359,
8VAC20-70-411, 8VAC20-70-435; repealing 8VAC20-70-310).
Statutory Authority: §§ 22.1-16, 22.1-176
and 22.1-177 of the Code of Virginia.
Public Hearing Information:
September 24, 2009 -
7 p.m. - Robert E. Lee High School, 6540 Franconia Road, Springfield, VA
September 24, 2009 -
7 p.m. - Glenvar Middle School, 4555 Malus Drive, Salem, VA
September 24, 2009 -
7 p.m. - Jolliff Middle School, 1021 Jolliff Road, Chesapeake, VA
Public Comments: Public comments may be
submitted until 5 p.m. on October 16, 2009.
Agency Contact: Dr. Margaret N. Roberts,
Office of Policy and Communications, Department of Education, P.O. Box 2120,
101 N. 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 225-2540,
FAX (804) 225-2524, or email margaret.roberts@doe.virginia.gov.
Basis: The scope of legal
authority is defined by Article VIII, § 4, Constitution of Virginia, which
vests in the Board of Education the general supervision of the public school
system.
Section 22.1-16 of the Code
of Virginia provides the board with general authority to promulgate "such
regulations as may be necessary to carry out its powers and duties…."
Section 22.1-176 of the Code
of Virginia authorizes the board to promulgate regulations relating to fees for
school transportation.
Section 22.1-177 of the Code
of Virginia gives the board general authority to make regulations relating to
the construction, design, operation, equipment, and color of public school
buses and the authority to issue an order prohibiting the operation on public
streets and highways of any public school bus that does not comply with such
regulations.
Section 22.1-178 of the Code
of Virginia additionally sets forth requirements for school bus drivers and
authorizes the board to furnish forms to school divisions to obtain information
from applicants for employment as school bus drivers as required in statute.
Purpose: The revised Regulations Governing
Pupil Transportation to address new state laws passed since 2004, as well as
new federal requirements. Current state law does not require students to ride
public school buses. The revision of these regulations will help to ensure the
safety of children riding public school buses. Providing safe, free
transportation to and from school for children in Virginia will reduce the need
for parents to transport their children.
Substance: Substantive changes are
made to the existing regulations as follows:
1. Definitions have been
updated to conform to those in the 2005 National School Transportation
Specifications and Procedures document.
2. Requirements for school
activity buses are clarified.
3. Language has been
included prohibiting driving more than 13 hours in a 24-hour period per
§ 46.2-812 of the Code of Virginia.
4. Restrictions on standees
on school bus have been changed.
5. Language has been
included for safety instruction of grades 9 through 12 students who ride school
buses.
6. Language has been
included to change the maintenance inspection from 30 operating days or every
2,500 miles to every 45 calendar days.
7. Language has been
included regarding the operational assessments conducted by the Department of
Education.
8. Language has been included
to change the review of routes from once a year to twice a year.
9. Language has been
included on the use of nonsequential lighting system use at railroad crossings.
10. Language has been
included on records retention for pupil transportation records.
11. Language has been
included providing further explanation of training and including new
transportation directors in this training.
12. Language has been
included for instructors to meet the requirements of a school bus driver and to
have at least two years of experience.
13. Language has been
included providing further explanation of what should be covered in annual
in-service training. The times for in-service training have been updated.
14. The pretrip safety
inspection requirement has been clarified, and updates to the procedure as
outlined in the Preventive Maintenance Manual have been included.
15. The requirement to
report minor bus crashes by divisions has been eliminated.
Issues: The Regulations Governing
Pupil Transportation is being revised to improve the safety and efficiency of
children riding public school buses.
Section 46.2-812 of the Code
of Virginia requires that no person shall drive any motor vehicle on the
highways of the Commonwealth for more than 13 hours in any period of 24 hours
or for a period that when added to the time such person may have driven in any
other state would make an aggregate of more than 13 hours in any 24-hour
period.
Changes to instruction of
directors, drivers, and students are included. Requiring new transportation
directors to attend the "Train the Trainer" sessions will provide
them a good overall view of what is required of bus drivers. Training for
students in grades 9 through 12 will help ensure that students who may not
always ride a bus know the rules for riding a bus and also know where the
emergency exits are located. Topics for training and in-service are included to
assist the school divisions in providing appropriate training in areas of
concern.
Requiring instructors to
meet the requirements of a school bus driver and have at least two years of
experience will ensure the instructors know what is required of a school bus
driver.
The use of the nonsequential
lighting system is different from the lighting system on older buses, in
particular, at railroad crossings. This requirement would be covered in
training sessions each year.
The Department of Planning
and Budget's Economic Impact Analysis:
Summary of the Proposed
Amendments to Regulation. The Board of Education (Board) proposes several
amendments to these regulations including: 1) updating definitions to conform
to the 2005 National School Transportation Specifications and Procedures, 2)
adding numerous clarifications, 3) no longer permitting school divisions to
have students standing during school bus rides for the first 30 instructional
days of school, 4) mandating that all high school students receive additional
training on the rules for motorists approaching a stopped school bus and on
safe following distances when operating a personal vehicle, 5) amending
the required minimum frequency of school bus maintenance inspections, 6)
no longer requiring that bus collisions where no one is injured and damage is
less than $1,000 be reported to the Department of Education (Department), 7)
requiring that school bus routes, school sites, and safety of pupils at
designated school bus stops shall be reviewed at least twice each year rather
than just once, 8) requiring that new transportation directors/supervisors
employed by school divisions shall complete the "Train the Trainer"
class conducted by the Department, and 9) requiring that school bus driver
instructors meet the requirements of a school bus driver and have at least 2
years experience.
Result of Analysis. The
benefits likely exceed the costs for one or more proposed changes. There is
insufficient data to accurately compare the magnitude of the benefits versus
the costs for other changes.
Estimated Economic Impact
Under current regulations
school divisions can plan to have students standing during school bus rides for
the first 30 instructional days of school while routes are adjusted. The
proposed text indicates the school divisions can no longer have overcrowded
buses at the beginning of the school year as routes are adjusted to match
student needs. School staff will need to put in greater effort to have routes
planned to match students' needs prior to the first day of school, and to make
faster adjustments when overcrowding is encountered due to unexpected demand.
This may require a small addition in staff time, but will likely significantly
improve safety for those students who no longer will need to stand on moving
buses. This proposed change will thus likely produce a net benefit.
The Board proposes to
require that students in grades 9 through 12 shall receive additional training
on the rules for motorists approaching a stopped school bus and on safe
following distances when operating a personal vehicle. According to the
Department the additional training could for example take place during one
school auditorium assembly each year. Some extra training on these rules may
result in modest improvement in road safety. On the other hand it will require
some additional school time that could be used productively in other ways.
There is insufficient information to determine if the benefit from the
potential modest improvement in road safety exceeds the opportunity cost of
school time spent on this instruction rather than on other productive
activities.
Under the current regulations
all school buses and school activity vehicles used to transport public school
pupils to and from school and school activity events shall be inspected and
maintained by competent mechanics at least once every 30 operating days or
every 2,500 miles traveled. The Board proposes to amend the minimum frequency
of inspections and maintenance to at least once every 45 calendar days. This
will not significantly affect most schools, but will affect some divisions
where some buses run short routes and may take considerably longer than 30
operating days or 45 calendar days to reach 2,500 miles. Some extra time
by mechanics may be needed to comply with the proposed required minimum
frequency of 45 calendar days; but vehicles do deteriorate with time as well as
with usage when not maintained. Thus, the proposed amendment does likely
provide benefit in increasing the likelihood that school buses remain safe for
their passengers.
School divisions currently
must report all crashes to the Department through a web based system. The Board
proposes to no longer require that bus collisions where no one is injured and
damage is less than $1,000 be reported to the Department. According to the
Department this will save school divisions across the Commonwealth the filing of
at least 1,000 reports annually. Since filing reports take approximately 30
minutes per incident1 this will save school divisions cumulatively
at least 500 hours of staff time. Since the Department does not believe it
needs this data, this proposal clearly produces net benefit.
The Board also proposes to
require that new transportation directors/supervisors employed by school
divisions complete the "Train the Trainer" class conducted by the
Department. The intent of this requirement is to ensure that directors
understand the responsibilities required of school bus drivers, and to give
them a good overview of the laws and regulations governing pupil
transportation. The training lasts three to four days and is offered about six
times during the summer at different locations around the Commonwealth and has
a $25 fee. There are approximately ten new transportation directors/supervisors
each year.
Businesses and Entities
Affected. The proposed amendments affect the 132 school divisions in the
Commonwealth.
Localities Particularly
Affected. The proposed amendments do not disproportionately affect particular
localities.
Projected Impact on
Employment. The proposed amendments are unlikely to significantly affect
employment.
Effects on the Use and Value
of Private Property. The proposed amendments are unlikely to significantly
affect the use and value of private property.
Small Businesses: Costs and
Other Effects. The proposed amendments are unlikely to significantly affect
small businesses.
Small Businesses: Alternative
Method that Minimizes Adverse Impact. The proposed amendments are unlikely to
significantly affect small businesses.
Real Estate Development
Costs. The proposed amendments will not significantly affect real estate
development costs.
Legal Mandate. The
Department of Planning and Budget (DPB) has analyzed the economic impact of
this proposed regulation in accordance with § 2.2-4007.04 of the
Administrative Process Act and Executive Order Number 36 (06). Section
2.2-4007.04 requires that such economic impact analyses include, but need not
be limited to, the projected number of businesses or other entities to whom the
regulation would apply, the identity of any localities and types of businesses
or other entities particularly affected, the projected number of persons and
employment positions to be affected, the projected costs to affected businesses
or entities to implement or comply with the regulation, and the impact on the
use and value of private property. Further, if the proposed regulation has
adverse effect on small businesses, § 2.2-4007.04 requires that such
economic impact analyses include (i) an identification and estimate of the
number of small businesses subject to the regulation; (ii) the projected
reporting, recordkeeping, and other administrative costs required for small
businesses to comply with the regulation, including the type of professional
skills necessary for preparing required reports and other documents; (iii) a
statement of the probable effect of the regulation on affected small businesses;
and (iv) a description of any less intrusive or less costly alternative methods
of achieving the purpose of the regulation. The analysis presented above
represents DPB's best estimate of these economic impacts.
______________________________
1 Time estimate by Department of Education
Agency's Response to the
Department of Planning and Budget's Economic Impact Analysis: The agency agrees with the
economic impact analysis done by the Department of Planning and Budget. The
agency will continue to examine the economic and administrative impact of the
regulations as they progress through the Administrative Process Act process.
Summary:
The proposed amendments
include (i) updating definitions to conform to the 2005 National School
Transportation Specifications and Procedures; (ii) adding numerous
clarifications; (iii) prohibiting school divisions from having students stand
during school bus rides during the first 30 instructional days of the school
year; (iv) mandating that all high school students receive additional training
on the rules for motorists approaching a stopped school bus and on safe
following distances when operating a personal vehicle; (v) amending the
required minimum frequency of school bus maintenance inspections; (vi)
eliminating the requirement that bus collisions be reported to the Department
of Education when no one is injured and damage is less than $1,000; (vii)
requiring review of school bus routes, school sites, and safety of pupils at
designated school bus stops at least twice each year rather than just once;
(viii) requiring new transportation directors/supervisors employed by school
divisions to complete the "Train the Trainer" class conducted by the
Department of Education; and (ix) requiring school bus driver instructors to
meet the requirements of a school bus driver and have at least two years
experience.
Part I
Definitions
8VAC20-70-10.
Definitions.
The following
words and terms when used in this chapter shall have the following meanings
unless the context clearly indicates otherwise:
"Classroom
instruction" means training provided by a qualified driver instructor
through lectures, demonstrations, audio-visual presentations, computer-based
instruction, driving simulation devices, or similar means. Instruction
occurring outside a classroom is included if it does not involve actual
operation of a school bus and its components by the student.
"Color-black"
means federal standard No. 595, black.
"Color-yellow"
means national school bus yellow SBMTC School Bus Manufacturers
Technical Council (SBMTC) color standard 008.
"Multifunction
School Activity Bus (MFSAB)" or "school activity bus" means a school
bus whose purposes do not include transporting students to and from home or
school bus stops as defined in 49 CFR 571.3. This subcategory of school bus
meets all Federal Motor Vehicle Safety Standards (FMVSS) for school buses and
meets all regulations for school buses, except the traffic control devices,
identification, color, use of cruise control, and seating requirements.
"Nonconforming
bus" means any vehicle designed to carry more than 10 passengers that is
used to transport children to or from school or school-related activities that
does not meet the federal standards, 49 CFR Part 571, specific to school buses or
multifunction school activity buses. These vehicles are not approved for
transporting students to and from school or school-related activities.
"School
bus" means any motor vehicle described in this chapter as "Type A1
and A2," "Type B1 and B2," "Type C," or "Type
D," which is designed and used for the transportation of pupils, which is
other than a station wagon, automobile, truck, or commercial bus that is (i)
designed and used primarily for the transportation of pupils to and from
public, private, or religious schools, or for the transportation of pupils who
are physically handicapped to and from a sheltered workshop; (ii) painted
yellow with the words "School Bus" in black letters of a
specified size on the front and rear,; and which is (iii)
equipped with the required warning devices as stated prescribed
in § 46.2-100 § 46.2-1090 of the Code of Virginia. A
yellow school bus may have a white roof provided such vehicle is painted in
accordance with regulations and specifications of the Department of Education.
Note: This
definition includes school buses owned and operated by school boards, private
contractors, local governments, and transit systems that are used for the
transportation of public school pupils.
"Specially
equipped bus" means a school bus designed, equipped, or modified to
accommodate students with special needs.
"Type A
school bus" means a van conversion or bus constructed
utilizing a cutaway front-section vehicle with a left side driver's door. The
entrance door is behind the front wheels. This definition includes two
classifications. Type A1, with a Gross Vehicle Weight Rating (GVWR) less
than or equal to 10,000 of 14,500 pounds or less; and Type
A2, with a GVWR greater than 10,000 14,500 pounds, but less
than or equal to 21,500 pounds.
"Type B
school bus" means a bus with a body constructed utilizing a
stripped chassis. The entrance door is behind the front wheels. This definition
includes two classifications: Type B1, with a GVWR less than or equal to
of 10,000 pounds or less; and Type B2, with a GVWR greater than
10,000 pounds.
"Type C (Conventional)
school bus" means a bus with a body constructed utilizing a installed
upon a flat-back cowl chassis with a hood and front fender assembly fenders.
The entrance door is behind the front wheels. This definition shall
include two classifications: Type C1, with a GVWR range of 17,500 pounds with a
design seating capacity range from 16 to 30 persons; and Type C2 with a GVWR of
more than 21,500 pounds with a design seating capacity for more than 30
persons. The engine is in front of the windshield and the entrance door is
behind the front wheels. Both Type C1 and Type C2 must be equipped with dual
rear tires.
"Type D
school bus" means a bus with a body constructed utilizing a stripped
chassis. The entrance door is ahead of the front wheels. This bus is also
known as a rear engine or front engine transit style school bus.
"Vehicle"
means any vehicle owned or operated by, or owned or operated by any person
under contract by, a county, city, town, or school board in which any school
pupils or personnel are transported at public expense from any public school.
8VAC20-70-31. Driving more than 13 hours in a 24-hour period
prohibited.
Pursuant to
§ 46.2-812 of the Code of Virginia, no person shall operate any school
bus, school activity bus, or school activity vehicle for more than 13 hours in
any period of 24 hours or for a period that when added to the time such person
may have driven any vehicle in any other state would make an aggregate of more
than 13 hours in any 24-hour period. Drivers of other commercial vehicles shall
report all hours driven prior to operating a school bus, school activity bus,
or school activity vehicle.
No owner of
any vehicle shall cause or permit a vehicle to be driven in violation of this
section.
8VAC20-70-40.
Seating.
The number of
pupils who may ride a school bus shall be determined by the total number who can
be seated on the seat cushion facing forward, safely seated within the seating
compartment, and shall not exceed the manufacturer's capacity. During the
first 30 instructional days of the school year standees may be permitted for
short distances in the aisle back of the driver's seat. Pupils may not be
permitted to stand after the first 30 instructional days, except under
unforeseen temporary emergency conditions and for short distances
as identified by the local school board.
8VAC20-70-100.
Passenger restraint belts.
Pupils riding in
school buses required by federal law to be equipped with passenger restraint
belts shall wear them as required by state or federal law while the bus is in
motion. See Federal Motor Vehicle Safety Standards No. 209 and 210.
8VAC20-70-110.
Pupil rider transportation safety instruction.
Pupil rider
safety transportation instruction shall be included in the school
curriculum, including demonstration and practices of safety procedures.
1. At the Pre-K-1 grade
levels, initial safety training shall occur during the first week of school
with additional training on a periodic basis during the year. Students in
grades 9 through 12 shall receive additional training on the rules for
motorists approaching a stopped school bus and on safe following distances when
operating a personal vehicle.
2. Emergency exit drills
shall be practiced by all pupil riders at least twice a year, the first
occurring during the first 30 instructional days and the second in the second
semester and shall include the school bus driver. Summer session
evacuation drills should be performed as needed.
3. A copy of bus rider
safety rules shall be sent to parents at the beginning of the school year. The information
shall include a request that parents or their designee accompany their young
children to and from the bus stop.
8VAC20-70-130.
Maintenance inspection.
All school buses
and, school activity vehicles, and school vehicles used to
transport public school pupils to and from school and school activity events
shall be inspected and maintained undergo a Level 2 maintenance
inspection as prescribed in the Preventive Maintenance Manual for Virginia
School Buses by competent mechanics immediately before being used in
the fall for each new school year and a Level 1 inspection at
least once every 30 operating days or every 2,500 miles traveled 45
calendar days after the start of the new school year. The inspections and
maintenance shall be conducted in accordance with provisions of the "Preventive
Maintenance Manual for Virginia School Buses, March 2003" (November
2008) and recorded on the prescribed inspection forms or in a format
approved by the Department of Education. If the inspection and maintenance are not
made in a shop operated by the school board or the local governing body, the
school board shall designate one or more inspection centers to make the
inspections and require a copy of the results of the inspections to be
furnished to the division superintendent. School division compliance with
the foregoing maintenance inspection requirement shall be subject to
verification by the Department of Education.
Subject to
funds being available, the Department of Education shall conduct random
operational assessments during the school year of school divisions' pupil
transportation operations to ensure statutes, regulations, and specifications
are being met. The Department of Education shall establish procedures for
conducting the random operational assessments.
Maintenance and
service personnel shall be encouraged to attend approved workshops or training
institutes and shall receive all necessary service and maintenance publications
for equipment serviced.
8VAC20-70-140.
Crash/incident Crash reporting.
A report, on
forms or in a format furnished by the Department of Education, of any crashes or
incidents involving school buses, pupils, and personnel who ride school or
activity buses (including injury or death while crossing the road, waiting at
bus stops, etc.) shall be sent to the Pupil Transportation Service, Department
of Education by the division superintendent or designee at least once a month.
The report shall give the apparent cause of the crash or incident and
the extent of injuries to pupils or others. The division superintendent or
designee shall notify the Pupil Transportation Service of any school bus crash or
incident involving serious injuries, requiring professional medical
treatment, or death within the next working day from the date of the crash or
incident.
A vehicle
crash occurs when property damage is $1,000 or more or when persons are
injured. An incident occurs when property damage is $999 or less and there
are no injured individuals.
The
Department of Education shall publish on its website an annual report of the
number of crashes involving school buses, pupils, and personnel who ride school
or activity buses (including incidents of injury or death while crossing the
road, waiting at bus stops, etc.) in each division.
8VAC20-70-150.
Route schedule.
All school buses
in operation shall be scheduled to maximize safety and efficiency. The schedule
shall show the time the bus starts in the morning, the time it leaves each
point at which pupils are picked up, and the time of arrival at school,
and the time of drop off at home in the afternoon. One copy of such
schedule shall be kept in the bus and secured when the bus is unattended,
and one copy shall be kept in the office of the division superintendent or
designee.
8VAC20-70-160.
Review of routes.
School bus
routes, school sites, and safety of pupils at designated school bus stops shall
be reviewed at least once twice each year, once each semester.
Bus routes shall be reviewed for safety hazards, and fuel
conservation, and to assure maximum the most efficient use
of buses. Local school administrators shall evaluate the safety of pupils at
bus stops periodically and shall at the request of the local school board
report the results annually to the school board. Hazardous or unusual
situations, to include railway crossings, shall be marked on the route sheet
and made available to drivers and substitutes.
A written
vehicular and pedestrian traffic control plan for each existing school site
shall be reviewed annually for safety hazards. All new school site plans shall
include provisions that promote vehicular and pedestrian safety.
8VAC20-70-170.
Railway crossings.
School buses
shall stop, as required by law, at railway grade crossings. The School
buses equipped with a nonsequential lighting system must have these lighting
systems deactivated when approaching a railroad grade crossing and the
4-way hazard lights shall be activated when approaching the railway grade
crossing and shall be deactivated before crossing the track. The bus
driver shall turn off all noisy equipment, open the entrance door of the bus
and determine when it is safe for the vehicle to cross the railroad tracks. The
entrance door shall be closed when the bus is in motion. No stop need be made
at any grade crossing where traffic is directed by a police law-enforcement
officer or a green traffic-control signal as stated in § 46.2-886 of the
Code of Virginia.
8VAC20-70-180.
Driver reports Ridership and miles report.
School boards
shall require that a report on the number of pupils transported and miles
traveled be made by all school bus drivers to principals or other designated
school officials submitted to designated school officials.
8VAC20-70-200.
Identification and lights covering.
The lettered
identification and traffic warning lights on the front and rear of school buses
shall be covered with opaque detachable material when they school
buses are used for purposes other than to transport pupils on regular
routes to and from school, or on special trips to participate in
contests of various kinds, and or for supplementary education
purposes as required by § 22.1-183 of the Code of Virginia. This does not apply
when the bus is being used to transport elderly or mentally or physically
handicapped persons.
8VAC20-70-220.
Passage restriction.
No object shall
be placed on any bus carrying passengers that will restrict the access to any
exit, restrict the freedom of motion of the driver for proper operation of
the vehicle, or where displacement of such objects may result in personal
injury to passengers.
8VAC20-70-230.
Required materials.
All vehicles
used primarily to transport students to and from school or
school-related activities shall carry reflective triangles, first aid kit, body
fluid clean-up kit and fire extinguisher.
8VAC20-70-271. Records retention.
School
division documents related to pupil transportation shall be retained in
accordance with local policy and guidelines from the Virginia State Library.
Part III
Requirements for School Bus Drivers
8VAC20-70-280.
Requirements for school bus drivers both for employment and continued
employment.
Sections Section 22.1-178,
46.2-339, and 46.2-340 of the Code of Virginia require requires
drivers of school and activity buses to:
1. Have a physical
examination of a scope prescribed by the Board of Education with the advice of
the Medical Society of Virginia and furnished on a form prescribed by the Board
of Education showing the results of such examination.
a. No person shall drive a
school bus unless that person is physically qualified to do so and has
submitted a School Bus Driver's Application For Physician's Certificate signed
by the applicant and the doctor or a licensed nurse practitioner for the
applicable employment period.
b. The physical form
describes the basic physical qualifications for school bus drivers; however,
the examining physician or licensed nurse practitioner shall make the final
determination of the individual's physical capacity to operate a school bus
based upon their assessment of the individual's overall physical condition.
2. Furnish a statement or
copy of records from the Department of Motor Vehicles showing that the person,
within the preceding five years, has not been convicted of a charge of driving
under the influence of intoxicating liquors or drugs, convicted of a charge of
refusing to take a blood or breath test, convicted of a felony, or assigned to
any alcohol safety action program or driver alcohol rehabilitation program
pursuant to § 18.2-271.1 of the Code of Virginia or, within the preceding
12 months, has not been convicted of two or more moving traffic violations or
has not been required to attend a driver improvement clinic by the Commissioner
of the Department of Motor Vehicles pursuant to § 46.2-497 § 46.2-498
of the Code of Virginia.
3. Furnish a statement
signed by two reputable persons who reside in the school division or in the
applicant's community that the person is of good moral character.
4. Exhibit a license showing
the person has successfully undertaken the examination prescribed by
§ 46.2-339 of the Code of Virginia.
5. Be at least 18 years old.
6. Submit to testing for
alcohol and controlled substances that is in compliance with the Omnibus
Transportation Employee Testing Act of 1991 (Public Law 102-143, Title V) as
amended and that is in compliance with 49 CFR Parts 40 and 382.
8VAC20-70-300.
Required documents.
The documents
required pursuant to subdivisions 1 and 2 of 8VAC20-70-280 shall be
furnished annually prior to the anniversary date of the employment to operate a
school bus.
8VAC20-70-310.
Filing. (Repealed.)
The documents
required pursuant to this section shall be filed with, and made a part of, the
records of the school board employing such person as a school bus operator.
8VAC20-70-350.
Training.
No person shall operate
a school or activity bus transporting pupils unless the person has:
1. Received classroom,
demonstration, and behind-the-wheel instruction in accordance with a program
developed by the Department of Education pursuant to § 22.1-181 of the Code of Virginia.
2. Completed a minimum of 24
classroom hours and 24 hours of behind-the-wheel training. A minimum of 10 of
the 24 hours of behind-the-wheel time shall involve the operation of a bus with
pupils on board while under the direct on-board supervision of a
designated bus driver trainer. Drivers of Type D buses must complete eight
additional hours of training behind-the-wheel. All drivers shall receive
training in the operation of a Type D bus and transportation of students
with special needs. buses representative of the type used in the school
division in which they will be employed and in the transportation of students
with special needs. Classroom instruction means training provided by a
qualified driver instructor through lectures, demonstrations, audio-visual
presentations, computer-based instruction, driving simulation devices, or
similar means. Instruction occurring outside a classroom is included if it does
not involve actual operation of a school bus and its components by the student.
Behind-the-wheel training does not include time spent riding in a school bus or
observing operation of a school bus when the student is not in control of the
vehicle.
The superintendent or his
designee shall maintain a record showing that the applicant has completed the
training and has been approved to operate a school or activity bus.
3. New transportation
directors/supervisors employed by school divisions shall complete the
"Train the Trainer" class conducted by the Department of Education
within a year after being employed in this position.
8VAC20-70-359. Requirements for school bus driver instructors.
Instructors
must meet the requirements of a school bus driver and have at least two years
experience operating a Class B type vehicle.
8VAC20-70-360.
In-service training.
In-service
training (at least two hours before opening before the opening of
schools the school year and at least two hours during the
second half of the school year) year devoted to improving the
skills, attitudes, and knowledge, including orientation to maximize
benefits of using safety programs and safety components shall be provided to
all school or activity bus drivers. In-service training shall include, but
is not limited to, the following topics: basic motor vehicle laws, related administrative
codes, pre-trip inspection procedures, student discipline and conduct, drug and
alcohol testing procedures and policies, fuel conservation, safety, emergency
procedures, student information and confidentiality, and local policies and
procedures as required by the division's transportation department. A copy of
the agenda for each in-service training event shall be on file.
8VAC20-70-370.
Supervision.
The drivers of
school and activity buses shall be under the general direction and control of
the division superintendent or designee, and shall also be accountable
to the principal of the school to which pupil transportation is
provided.
8VAC20-70-380.
Pre-trip safety inspection.
The Prior to the initial
transporting of children each day, the drivers of school and activity buses
shall perform a daily pre-trip safety inspection of the vehicle prior to
transporting children. The items checked and recorded shall be at least
equal to the pre-trip inspection procedure as prescribed in the
Preventive Maintenance Manual for Virginia School Buses (November 2008) issued
by the Department of Education.
8VAC20-70-411. Driver trainers.
Driver
trainers must meet the requirements of 8VAC20-70-280 and 8VAC20-70-350 and have
at least two years experience operating a Class B vehicle.
8VAC20-70-420.
Instructor course certificate.
Local school bus
driver training instructors shall hold a certificate for completion of an
instructor course conducted or approved by the Department of Education and
shall attend a recertification course every five years. Certification
expires at the end of calendar year five.
8VAC20-70-430.
Driver data.
The names and
driver license numbers of persons operating school and activity buses and
other vehicles used to transport pupils shall be submitted to the
Department of Motor Vehicles annually as required by § 46.2-340 of the
Code of Virginia.
8VAC20-70-435. Filing.
The documents
required pursuant to 8VAC20-70-280, 8VAC20-70-350, 8VAC20-70-360,
8VAC20-70-400, and 8VAC20-70-420 shall be filed with, and made a part of, the
records of the school board employing such person as a school bus operator.
8VAC20-70-450.
Minimum standards specifications.
Minimum standards
specifications are applicable to all school buses and school activity vehicles
buses, new or used, procured by purchase, lease or operational contract
from another person or entity.
Part IV
General Requirements for School Buses in Virginia
8VAC20-70-460.
Specifications.
It is the intent
of the Board of Education to accommodate new equipment and technology that will
better facilitate the safe and efficient transportation of students. When a new
technology, piece of equipment, or component is desired to be applied to the
a school bus, it must have the approval of the Virginia Department of
Education and must meet the following criteria:
1. The technology,
equipment, or component shall not compromise the effectiveness or integrity of
any major safety system.
2. The technology,
equipment, or component shall not diminish the safety of the interior of the
bus.
3. The technology,
equipment, or component shall not create additional risk to students who are
boarding or exiting the bus or are in or near the school bus loading zone.
4. The technology,
equipment, or component shall not require undue additional activity or
responsibility for the driver.
5. The technology,
equipment, or component shall generally increase efficiency or safety, or both,
of the bus, generally provide for a safer or more pleasant experience for the
occupants and pedestrians in the vicinity of the bus, or shall generally assist
the driver and make his many tasks easier to perform.
Buses School buses and
school activity vehicles buses must conform to the specifications
relative to construction and design effective on the date of procurement. Any
variation from the specifications, in the form of additional equipment or
changes in style of equipment, without prior approval of the Department of
Education, is prohibited. The Department of Education shall issue
specifications and standards for public school buses to reflect desired
technology or safety improvements for the then current model year.
8VAC20-70-480.
Bus identification.
All publicly
owned, part publicly owned, or contract school buses, transporting pupils to
and from public school, shall be painted a uniform color, national school bus
yellow, and shall be identified and equipped as outlined in the standards
and specifications.
8VAC20-70-490.
Purchase.
The responsibility
for purchasing school buses and school activity vehicles buses
which meet state and federal requirements rests with division superintendents
and local school boards.
A schedule for
the replacement of buses on a continuing basis shall be developed and
implemented by each school division.
8VAC20-70-510.
Vehicles powered by alternative fuels.
A. The Board of
Education will continue to promote the use of alternative fuels for school
buses. Any vehicle powered by alternative fuels will be subject to inspection
and approval by the Virginia Department of Education.
B. Local school
divisions, in consultation with the Department of Education, may purchase and
use school buses using alternative fuels as covered in § 22.1-177 of the Code
of Virginia.
C. Installation
of alternative fuel tanks and fuel systems shall comply with all applicable
Federal Motor Vehicles Safety Standards (FMVSS) 301, 49 CFR Part 571, and all
applicable fire codes.
D. A sign
with black letters on clear or school bus yellow background, indicating the
type of alternative fuel being used, may be placed on the side of the bus near
the entrance door. No sign shall be more than 4-3/4 inches long or more than
3-1/4 inches high.
Part V
School Activity Vehicles Buses
8VAC20-70-525.
Regulations and standards.
Activity
vehicles A.
School activity buses owned or operated under contract by or for the school
board, which are used solely to transport pupils to and from school activity
events, shall comply with all applicable regulations and standards prescribed
for school buses except as noted in this part.
1. B. Exceptions,
general regulations.
a. An activity vehicle 1. Pursuant to
§ 46.2-871 of the Code of Virginia, an activity bus transporting school
pupils shall be operated at a safe, legal speed not in excess of 55 miles
per hour.
b. 2. No standees shall
be permitted.
c. The eight-inch school bus
lettered identification and traffic warning devices shall be removed by the
local school division as required by §§ 46.2-100 and 46.2-1090 of the Code of
Virginia. The name of the school division or individual school shall be placed
on both sides of the vehicle.
d. 3. Stops for the
purpose of loading or discharging pupils on the travel portion of the highway
shall not be permitted.
2. Exceptions, minimum
standards for school buses in Virginia.
a. School activity vehicles
shall not be painted national school bus yellow.
b. Other types of seats and
increased spacing may be used provided all provisions of FMVSS 222, 49 CFR §
571.222, are met.
NOTICE: The forms used in
administering the above regulation are not being published; however, the name
of each form is listed below. The forms are available for public inspection by
contacting the agency contact for this regulation, or at the office of the
Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond,
Virginia.
FORMS (8VAC20-70)
School Bus
Driver's Application for Physician's Certificate (rev. 4/08).
DOCUMENTS INCORPORATED BY
REFERENCE (8VAC20-70)
Preventive
Maintenance Manual for Virginia School Buses, March 2003 November
2008, Virginia Department of Education.
VA.R. Doc. No. R08-1020;
Filed July 28, 2009, 1:28 p.m.