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Oregon Bulletin

May 1, 2011

Oregon Department of Education
Chapter 581

  • Rule Caption: Modifies rule relating to administration of pupil transportation.
  • Adm. Order No.: ODE 4-2011
  • Filed with Sec. of State: 3-17-2011
  • Certified to be Effective: 3-17-11
  • Notice Publication Date: 1-1-2011
  • Rules Amended: 581-053-0002
  • Subject: Clarifies terminology used in regards to the administration of pupil transportation.
  • Rules Coordinator: Diane Roth—(503) 947-5791
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  • 581-053-0002
  • Administration of Pupil Transportation
  • (1) Purpose and applicability of Oregon Administrative Rules, Chapter 581, Division 53:
  • (a) The purpose of the rules set forth in this division is to ensure the safety of students in the 12th grade or lower while being transported to or from school or authorized school activities by establishing standards for vehicle construction, driver qualifications, vehicle and record inspections, and administrative provisions of pupil transportation;
  • (b) The rules in this division apply to all school districts and individual schools, including public, private, parochial, public charter, and alternative schools, and education service districts and head start agencies which provide transportation services to students from home to school or to authorized school activities, either through internal or contracted services.
  • (2) The following terms used in OAR chapter 581, division 53 shall be defined as follows:
  • (a) “Chargeable Accident” is an accident in which the driver is answerable as the primary cause of, or the result of, the accident;
  • (b) “Diabetic person” means a person who takes insulin;
  • (c) “Medical certificate” is defined in OAR 735-063-0060;
  • (d) “Pupil transporting vehicle” means a school bus or school activity vehicle;
  • (e) “School board” means the governing board or governing body of the transportation entity;
  • (f) “School activity vehicle” is defined in ORS 801.455 and includes all such vehicles that are owned, leased, or rented by a transportation entity;
  • (g) “School bus” is defined in ORS 801.460 and includes all such vehicles that are owned, leased, or rented by a transportation entity;
  • (h) “Transportation entity” means any school district or individual school to which the rules of this division apply.
  • (3) Transportation entities shall provide transportation in compliance with all applicable laws and administrative rules.
  • (4) Transportation entities or other employers shall not require or knowingly permit any person to operate a school bus or other pupil transporting vehicle in violation of any applicable rules of the State Board of Education or Oregon laws.
  • (5) Each school board shall adopt and implement written policies directing schools within the district to notify the district’s transportation official whether students receiving transportation services from the district have special medical or behavioral protocols identified in their student records and providing that drivers shall receive appropriate training related to specified protocols, including but not limited to satisfying confidentiality requirements.
  • (6) Each school board shall adopt and implement a written transportation policy. A transportation policy must include provisions regarding student suspensions and expulsions from district-provided transportation services.
  • (a) A written transportation policy regarding student suspensions and expulsions from district-provided transportation services shall include, but is not limited to:
  • (A) Definitions for the terms “suspension” and “expulsion” which identify the minimum and maximum amount of time a student may be suspended or expelled from district-provided transportation services;
  • (B) Identification of criteria used in determining whether to suspend or expel a student from district-provided pupil transportation services; and
  • (C) Special provisions for the application of the policy to students receiving services under the Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq, ORS 339.250, and 343.533; or
  • (b) A written transportation policy shall include the following:
  • (A) Students may be suspended from district-provided pupil transportation services when such suspensions are executed within the provisions contained in OAR 581-021-0065and all applicable procedures are consistent with 581-053-0010 and the Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq;
  • (B) The school district board shall limit the term of a suspension for a specific incident to a specific number of days. The maximum term of suspension may not exceed 10 school days when transportation is provided;
  • (C) Upon the occurrence within one school year of a subsequent incident or any occurrence of a severe disciplinary problem constituting a demonstrable safety hazard for the pupil-transporting vehicle or persons either inside or outside of the vehicle, the student may be expelled from district-provided transportation services for a period not to exceed one school year. An expulsion may extend into a second term or semester if the current term or semester ends within such a short period of time that the expulsion would be too short to be effective;
  • (D) In compliance with OAR 581-021-0070, a process for notifying a student’s parents or guardian that the student has been suspended or expelled from district-provided transportation services, and the date on which the student may resume receiving transportation services, as well as Procedural rules for yearlong length expulsions; and
  • (E) Suspensions and expulsions may be ordered by the school board, the executive officer of the school district, or the executive officer’s designated representative. The district school board shall have the right of final review if the school board itself does not take the action. The school board may affirm, amend, modify, or rescind any suspension or expulsion order.
  • (7) School buses and all other pupil transporting vehicles shall be maintained in safe operating condition and shall meet or exceed the minimum standards in effect at the time of purchase, as well as any subsequently adopted standards that are applicable to the vehicle.
  • (8) Any additions of vehicle equipment or alterations in the vehicle construction that are not provided for in the applicable minimum standards for Oregon school buses or school activity vehicles are prohibited without first receiving prior approval from the Oregon Department of Education.
  • (9)(a) Upon entry into Oregon, all pupil transportation vehicles shall conform to the Oregon minimum standards currently enforce as they apply to each vehicle, prior to transporting students.
  • (b)Written notification must be sent to the Oregon Department of Education when relocating pupil transportation vehicles to another transportation entity for a period exceeding 10 days.
  • (c) School buses with a manufacture date prior to September 1, 1998 may not be relocated.
  • (d) Type 20 and Type 21 school activity vehicles with a manufacture date prior to September 1, 1994 may not be relocated.
  • (e) Oregon Department of Education personnel may issue a written order that a vehicle is unsafe and may not be used to transport students when there is reason to believe that a deficiency is such that continued operation of the vehicle may jeopardize the safety of students or the public. The vehicle owner shall notify the Oregon Department of Education that the deficiency is corrected before transporting students.
  • (10) The transportation entity shall keep vehicle maintenance records for each vehicle used to transport students. These records shall be available to Oregon Department of Education personnel upon request. The following minimum information shall be kept for each vehicle by date and mileage at the time of service, adjustment or repair:
  • (a) Chassis lubrications;
  • (b) Engine oil and filter changes;
  • (c) Major engine tune-ups and repairs;
  • (d) All adjustment, service and repair of brake system;
  • (e) All adjustment, service and repair of steering mechanism and other related parts;
  • (f) Tires; and
  • (g) Drive train components.
  • (11) A seat that fully supports the passenger shall be provided for every passenger on all pupil transporting vehicles. Seating is not permitted on any portion of the vehicle not designed for that purpose. Passengers shall not be permitted to stand while the vehicle is in motion.
  • (12) Safety instruction:
  • (a) All regularly transported pupils shall receive the following instruction at least once within the first six weeks of the first half of each school year and once within the first six weeks of the second half of each school year:
  • (A) Safe school bus riding procedures, including but not limited to loading, unloading and crossing;
  • (B) Use of emergency exits; and
  • (C) Planned and orderly evacuation of the school bus in case of emergency, including participation in actual evacuation drills.
  • (b) All pupils who are not regularly transported shall receive the following instruction at least once in the first half of each school year:
  • (A) Safe school bus riding procedures, including but not limited to loading, unloading and crossing; and
  • (B) Use of emergency exits.
  • (c) Records listing safety instruction course content and dates of training shall be maintained locally.
  • (13) Transportation entities shall provide for the required training, examination and testing of their school bus and school activity vehicle drivers to comply with rules promulgated by the State Board of Education. Appropriate specialized training designed for special needs transportation shall be provided prior to allowing drivers to transport students with disabilities. Records to document training and testing shall be maintained by school districts. Such records shall be made part of each driver’s driver-training record file. Records shall be made available to Oregon Department of Education personnel or the driver upon request.
  • (14) Transportation Entities or contractors employing school bus drivers or school activity vehicle drivers shall immediately notify the Oregon Department of Education if they have reason to believe any change has occurred in an employed driver’s criminal or driving record that could affect the driver’s ability to:
  • (a) Maintain a school bus driver’s permit or certificate under the provisions of OAR 581-053-0006(8); or
  • (b) Meet the requirements listed in OAR 581-053-0545 and 581-053-0550 for activity vehicle drivers.
  • (15) Transportation entities or contractors selling a used school bus shall be responsible for removing all markings that would identify it as a school bus, including the bus safety lights and school bus stop arm. Except that if the school bus is sold for the purpose of:
  • (a) Transporting school children to and from a school, the school bus identifying markings, bus safety lights, and school bus stop arm need not be removed; or
  • (b) Transporting workers, the bus safety lights need not be removed.
  • (16) Transportation entities or contractors planning to rebuild a school bus shall first secure approval from the Pupil Transportation Section, Oregon Department of Education. (This does not apply to repair of damage.) All rebuilt school buses must meet current Oregon Minimum Standards for School Buses and applicable U.S. Department of Transportation regulations.
  • (17) Pupil transporting vehicles used for transportation of students with disabilities or for specific educational purposes that do not meet all current Oregon Minimum Standards for School Buses must be approved by the Pupil Transportation Section, Oregon Department of Education.
  • (18) Appeal for Variance:
  • (a) A transportation entity or contractor desiring to purchase a pupil transporting vehicle that cannot meet all required minimum construction standards for school buses or school activity vehicles as applicable in Oregon must forward an “Appeal for Variance” request to the State Superintendent of Public Instruction, Salem, Oregon. This appeal must be made by the highest ranking official with the local operation and contain at least the following information:
  • (A) The need for such a vehicle;
  • (B) Why a standard school bus or school activity vehicle will not suffice;
  • (C) List of items which will not meet applicable standards; and
  • (D) Passenger capacity of vehicle.
  • (b) This variance provision is designed for unique changes or alterations necessary to accommodate special equipment or conditions.
  • (19) In case of an accident involving serious injury or death, the transportation entity or contractor shall notify the Oregon Department of Education shall be notified immediately.
  • (20) A transportation entity or contractor shall notify the Oregon Department of Education in writing within 30 days of when the entity or contractor receives notification that a school bus driver employed by the entity or contractor:
  • (a) No longer meets the physical requirements for school bus drivers specified in OAR 581-053-0006(7);
  • (b) Has received a conviction for a driving violation or criminal offense specified in OAR 581-053-0006(8);
  • (c) Has had his or her driving privileges revoked, restricted or suspended;
  • (d) Fails to comply with the testing or screening requirements established by the Federal Motor Carrier Safety Administration for commercial drivers at title 49 CFR parts 382.
  • (21) Transportation entities shall report to the Oregon Department of Education statistics related to pupil transportation. Information required shall be related to mileage, numbers and types of school buses and numbers of students.
  • (22) Any person performing the annual school bus inspections required under OAR 581-053-0008 must be qualified to perform such inspections as defined under the provisions of that rule.
  • Stat. Auth.: ORS 327.013 & 820.100 - 820.120
  • Stats. Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120
  • Hist.: 1EB 13-1978, f. 4-3-78, ef. 9-1-78; 1EB 5-1979, f. & ef. 3-30-79; EB 3-1987, f. & ef. 2-18-87; EB 43-1988, f. 12-16-88, cert. ef. 1-1-89; EB 5-1992, f. & cert. ef. 2-21-92; EB 21-1993, f. & cert. ef. 6-2-93; ODE 11-1999, f. & cert. ef. 2-12-99; ODE 30-1999, f. 12-13-99, cert. ef. 12-14-99; ODE 7-2002, f. & cert. ef. 3-11-02; ODE 1-2003(Temp), f. & cert. ef. 3-4-03 thru 8-1-03; ODE 11-2003, f. & cert. ef. 6-13-03; ODE 11-2004, f. & cert. ef. 8-4-04; ODE 16-2007, f. & cert. ef. 7-6-07; ODE 27-2007, f. & cert. ef. 10-26-07; ODE 4-2011, f. & cert. ef. 3-17-11
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  • Rule Caption: Modifies rule relating to school bus driver training and certification.
  • Adm. Order No.: ODE 5-2011
  • Filed with Sec. of State: 3-17-2011
  • Certified to be Effective: 3-17-11
  • Notice Publication Date: 1-1-2011
  • Rules Amended: 581-053-0006
  • Subject: The rule amendments bring rule into alignment with state and federal law changes that take effect in January 2012 and January 2014. The changes reflect that testing and training must occur prior to the driver submitting an application. The amendments also reconnect our rule to federal regulations and clarify provisions.
  • Rules Coordinator: Diane Roth—(503) 947-5791
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  • 581-053-0006
  • School Bus Driver Training and Certification
  • (1)(a) No person shall transport pupils in a school bus or a vehicle that has a capacity of more than 20 passengers and not subject to regulations promulgated by the Oregon Department of Transportation or U.S. Department of Transportation, unless such person has a valid school bus driver’s permit or certificate. No person shall transport pupils in a school bus of any size or type without first receiving documented instruction in its safe operation.
  • (b) Temporary drivers who meet all requirements listed in subsection (5) of this rule may only operate a school bus within the prescribed limitations.
  • (2) School Bus Driver’s Permits. The Oregon Department of Education shall issue a school bus driver’s permit to applicants who satisfy the permit criteria but do not qualify for a school bus driver’s certificate. An applicant may not reapply for a school bus driver’s permit until at least 12 months have passed since the date on which the applicant’s current or previous permit expired. An applicant must meet the following criteria to qualify for a school bus driver’s permit. The applicant shall:
  • (a) Possess a valid Commercial Driver’s License (CDL) with proper endorsements for the vehicle being driven. A school bus driver’s permit will not be valid for operating a vehicle of a higher-class size than that authorized by the driver’s CDL;
  • (b) Pass an approved physical examination within six months prior to application;
  • (c) Pass a behind-the-wheel test as prescribed by the Oregon Department of Education within one year prior to submitting an application for a school bus driver’s permit;
  • (d) Pass a driving and criminal records check performed by the Oregon Department of Education;
  • (e) File with the Oregon Department of Education an application form, provided by the Department and signed by the local employer’s designated official, assuring immediate notification to the Department if the applicant’s employer subsequently learns of any changes to the applicant’s driving and criminal records, as listed in subsection (9) of this rule, that could affect the applicant’s qualifications to hold a school bus driver’s permit;
  • (f) Complete a minimum of fifteen hours of approved behind-the-wheel training by a trainer certified by the Oregon Department of Education within one year prior to application. Hours of behind-the-wheel training shall be those hours spent by the trainee with a certified trainer or an assistant approved by the Department in actual operation of the vehicle or vehicles the applicant will be expected to drive;
  • (g) Read and speak the English language sufficiently to converse with the general public, understand highway signs and traffic signals in the English language and respond to official inquires and make entries on reports and records; and
  • (h) Be in compliance with controlled substances and alcohol testing requirements for commercial driver’s license holders established by the Federal Motor Carrier Safety Administration at 49 CFR part 382.
  • (i) Exemption: Notwithstanding paragraph (f) of this subsection, if an applicant has regularly driven a bus of a size and type similar to that which the driver will be expected to drive, for a period of at least six months within the past three years, the applicant shall complete four hours of approved behind-the-wheel training. The employer must have a written acknowledgment from the applicant’s previous employer verifying the applicant’s prior bus-driving experience if this exception is to be exercised.
  • (3) School Bus Driver’s Certificate. The Oregon Department of Education shall issue an original school bus driver’s certificate to a qualified individual who meets the following requirements. The applicant shall:
  • (a) File with the Oregon Department of Education either an application for a school bus driver’s certificate or a school bus driver’s permit conversion card, provided by the Department, and signed by an official designated by the local employer certifying that the applicant driver:
  • (A) Has, within the past four years, completed the Core Course for school bus drivers offered by the Department. The course must have been taught by a certified Core instructor approved by the Oregon Department of Education;
  • (B) Possesses a valid first aid card verifying completion of at least the requirements of the American Red Cross first aid program or an equivalent course that is consistent with the Best Practices Guide: Fundamentals of a Workplace First-Aid Program (OSHA 3317-2006), published by the Occupational Safety and Health Administration, U.S. Department of Labor. A driver shall maintain a valid first aid card at all times;
  • (C) Demonstrates the knowledge and ability to perform the duties of a school bus driver;
  • (D) Has, to the best of the local employer’s knowledge, not been convicted of any driving or criminal offense listed in subsection (9) of this rule that could prevent certification; and
  • (E) Has a training record on file with the local employer meeting the requirements of the certificate being requested.
  • (b) Possess a valid school bus driver’s permit; or
  • (c) Satisfy the following requirements. The driver shall:
  • (A) Possess a valid Commercial Driver’s License (CDL) with the proper endorsements for the vehicle being driven. A school bus driver’s certificate will not be valid for operating a vehicle of a higher-class size than that authorized by the driver’s CDL;
  • (B) Pass an approved physical examination within six months prior to submitting an application;
  • (C) Pass a behind-the-wheel test as prescribed by the Oregon Department of Education within one year prior to submitting an application for a school bus driver’s certificate;
  • (D) Pass a driving and criminal records check performed by the Oregon Department of Education;
  • (E) Complete a minimum of fifteen hours of approved behind-the-wheel training by a trainer certified by the Oregon Department of Education within one year prior to application. Hours of behind-the-wheel training shall be those hours spent by the trainee with a certified trainer or an assistant approved by the Department in actual operation of the vehicle or vehicles the applicant will be expected to drive:
  • (F) Read and speak the English language sufficiently to converse with the general public, understand highway signs and traffic signals in the English language, and respond to official inquiries and make entries on reports and records; and
  • (G) Be in compliance with controlled substances and alcohol testing requirements for commercial driver’s license holders established by the Federal Motor Carrier Safety Administration at 49 CFR part 382. .
  • (H) Exemption: Notwithstanding subparagraph (E) of this paragraph, if an applicant has regularly driven a bus of a size and type similar to that which the driver will be expected to drive, for a period of at least six months within the past three years, the applicant shall be required to complete four hours of approved behind-the-wheel training. The employer must have written acknowledgment from the applicant’s previous employer verifying bus-driving experience if this exception is to be exercised.
  • (4) Certificate Renewal. The Oregon Department of Education shall renew a school bus driver’s certificate of a driver who:
  • (a) Possesses, or has possessed within the last 12 month period, a valid school bus driver’s certificate issued by the Department;
  • (b) Possesses a valid Commercial Driver’s License (CDL) with proper endorsements for the type of vehicle being driven The certificate will not be valid for operating a vehicle of a higher-class size than that authorized by the driver’s CDL;
  • (c) Has passed an approved physical examination within six months prior to application;
  • (d) Has passed a driving and criminal records check performed by the Oregon Department of Education;
  • (e) Has filed with the Oregon Department of Education an application, provided by the Department, signed by an official designated by the local employer certifying that the driver:
  • (A) Has completed a Core or Core Refresher Course for school bus drivers, taught by a Core or Core Refresher instructor certified by the Oregon Department of Education, within the last four years;
  • (B) Possesses a valid first aid card verifying completion of at least the requirements of the American Red Cross first aid program or an equivalent course that is consistent with the Best Practices Guide: Fundamentals of a Workplace First-Aid Program (OSHA 3317-2006), published by the Occupational Safety and Health Administration, U.S. Department of Labor. A driver shall maintain a valid first aid card at all times;
  • (C) Has completed classroom training averaging at least eight hours annually, while certified as a school bus driver during the preceding four-year period. Classroom training must be approved by the Oregon Department of Education to qualify.
  • (D) Is able to satisfactorily perform the duties of a school bus driver;
  • (E) Has, to the best of the local employer’s knowledge, not been convicted of any driving or criminal offense listed in subsection (9) of this rule that could prevent the driver’s recertification;
  • (F) Is in compliance with the controlled substances and alcohol testing requirements for commercial driver’s license holders established by the Federal Motor Carrier Safety Administration at 49 CFR part 382; and
  • (G) Has a training record on file with the driver’s local employer that meets the requirements of the certificate being requested;
  •  (f) Additional tests may be required by the Oregon Department of Education if reasonable doubt of driver competency exists or as required by rule.
  • (5) Temporary Driver. A person who does not currently possess a valid school bus driver’s certificate or permit may serve as a temporary driver. Temporary drivers may not drive for more than ten days in a single school year, except that a temporary driver may drive for more than ten days in a single school year with written permission from the Oregon Department of Education. A driver may serve as a temporary drive if the driver:
  • (a) Is judged competent by the local school authorities;
  • (b) Possesses a valid Commercial Driver’s License (CDL) with proper endorsements for the vehicle being driven;
  • (c) Possesses a valid medical certificate; and
  • (d) Is on a list of approved temporary drivers maintained by the Oregon Department of Education. A temporary driver must pass the same check of driving and criminal records as required for a holder of a school bus driver’s certificate. The temporary driver must meet all qualifications prescribed on the temporary driver application. This form must be signed by an authorized official of the school district and submitted to the Department for approval. Approval as a temporary driver shall expire on July 1 annually.
  •  (6) Expiration:
  • (a) School bus driver’s permits expire 120 days after issuance, or on the date of medical certificate expiration, whichever occurs first. Permits may not be renewed. The holder of a valid permit may apply for a school bus driver’s certificate, provided that all requirements have been met for such certificate.
  • (b) School bus drivers’ certificates shall expire two years from the date of the physical examination required in subsection (8) of this rule, except:
  • (A) Certificates for applicants 55 years of age and older shall expire one year from the date of physical examination required in subsection (8) of this rule;
  • (B) Certificates for applicants who are diabetic shall expire one year from the date of the physical examination required in subsection (8) of this rule; and
  • (C) Certificates for applicants who have had a physical examination as required in subsection (8) of this rule and have been issued a medical certificate with an expiration date that is prior to the expiration dates outlined in this subsection shall expire on the date the medical certificate expires.
  • (7) Age Restrictions: To obtain an original school bus driver’s certificate or permit, or to renew a school bus driver’s certificate following a person’s 70th birthday, an applicant must comply with all certification requirements and successfully complete an Oregon Department of Education behind-the-wheel test no more than 30 days before the date of application. The test must be administered by a behind-the-wheel trainer currently certified by the Department. A copy of the test shall be attached to the application form.
  • (8) Physical Examinations:
  • (a) An applicant for a school bus driver’s permit or certificate, or renewal of a school bus driver’s certificate must have passed a physical examination approved by the Oregon Department of Education and administered within six months prior to the date of application by a physician or physician assistant licensed under ORS chapter 677, a nurse practitioner certified under ORS 678.375 or a Chiropractic physician licensed under ORS chapter 684. Physicians completing the required Oregon Department of Education forms for diabetic persons must be a board certified endocrinologist, board certified diabetologist, board certified family practitioner or board certified internist.
  • (b) A cardiac stress test shall be required with certificate application given any evidence of myocardial infarction within the past three months or unstable angina pectoris. The examining physician may also require a resting electrocardiogram (ECG) or other testing as determined appropriate related to coronary insufficiency, thrombosis or any other cardiovascular disease of a variety known to be accompanied by syncope, dyspnea, collapse or congestive heart failure.
  • (c) Physical examination and certificate application forms adopted by the Oregon Department of Education shall be utilized by applicants for a school bus driver’s certificate or permit.
  • (d) An applicant is physically qualified to drive a school bus if the applicant:
  • (A) Has no impairment in the use of the driver’s foot, leg, finger, hand or arm or other structural defect or limitation likely to interfere with the driver’s ability to perform tasks associated with operating a school bus. Drivers may be required to demonstrate their ability to:
  • (i) Utilize a manually operated bus entrance door control with a force of at least 30 pounds;
  • (ii) Ascend and descend steps with a maximum step height of 17 1/2 inches;
  • (iii) Operate two hand controls simultaneously and quickly;
  • (iv) Have a reaction time of 3/4 of a second or less from the throttle to the brake control;
  • (v) Carry or drag a 125 pound person 30 feet in 30 seconds or less;
  • (vi) Depress a brake pedal with the foot to a pressure of at least 90 pounds;
  • (vii) Depress a clutch pedal with the foot to a pressure of at least 40 pounds unless operating an automatic transmission; and
  • (viii) Exit from an emergency door opening of 24 x 48 inches at least 42 inches from the ground in ten seconds or less.
  • (B) Is physically able to open all emergency exits installed in any school bus they drive; and
  • (C) Has no mental, nervous, organic or functional disease or disability likely to interfere with safe driving or other responsibilities of a school bus driver.
  • (D) Has visual acuity of at least 20/40 (Snellen) in each eye either with or without corrective lenses and a binocular acuity of at least 20/40 (Snellen) in both eyes either with or without corrective lenses. Form field of vision shall not be less than a total of 140 degrees and the ability to distinguish colors red, green and yellow. Drivers requiring corrective lenses shall wear properly prescribed lenses at all times while driving.
  • (E) Perceives a forced whispered voice in the better ear not less than five feet with or without the use of a hearing aid, or if tested by the use of an audiometric device, the applicant shall not have average hearing loss in the better ear greater than 40 decibels at 500 Hz, 1,000 Hz and 2,000 Hz with or without a hearing aid when the audiometric device is calibrated to American National Standard Z24.5-1951. Drivers requiring a hearing aid shall wear a properly operating hearing aid at all times while driving.
  • (F) Does not use a controlled substance identified in 21 CFR 1308.11 Schedule 1, an amphetamine, a narcotic, or any other habit-forming drug.
  • (i) Exception: Notwithstanding (i) of this subparagraph, a driver may use such a substance or drug, if the substance or drug is prescribed by a licensed medical practitioner who:
  • (I) Is familiar with the driver’s medical history and assigned duties; and
  • (II) Has advised the driver that the prescribed controlled substance or drug will not adversely affect the driver’s ability to safely perform the duties of a school bus driver.
  • (G) Has no current clinical diagnosis of alcoholism.
  • (H) Has not had a loss of consciousness or loss of control (cognitive function) due to a diabetic event within the preceding one year period, provided there has not been a recurrent hypoglycemic reaction requiring assistance of another person within the previous five years. A period of one year of demonstrated stability is required following the first episode of hypoglycemia.
  • (I) Does not have a diabetic condition; Applicants with a diabetic condition may be physically qualified provided they comply with all of the following requirements. Drivers shall:
  • (i) Self-monitor their blood glucose and demonstrate a blood glucose level of more than 100mg/dl and less than 300 mg/dl, using a device approved by the Food and Drug Administration, U.S. Department of Health and Human Services, within one hour before driving pupil transporting vehicles and approximately every four hours while on duty;
  • (ii) Report immediately to their employer, any failure to comply with specific glucose level requirements as listed in subparagraph (I)(i) and (v) of this paragraph, or loss of consciousness or control;
  • (iii) Maintain a daily log of all blood glucose test results for the previous six month period and provide copies to their employer, the examining physician and the Oregon Department of Education, upon request;
  • (iv) Carry a source of readily absorbable, fast-acting glucose while on duty;
  • (v) Undergo and submit physician-signed results of a glycated hemoglobin (HbA1c) test indicating glucose levels of more than 5.9 percent and less than 9.6 percent to their employer for transmission to the Oregon Department of Education every six months;
  • (vi) Undergo and submit the results of an annual examination to detect any peripheral neuropathy, unstable diabetic retinopathy or clinically significant eye disease that prevents the individual from meeting current vision standards included in this rule, or circulatory insufficiency;
  • (vii) Provide a signed statement by the examining physician indicating that within the past three years the driver has completed instruction to address diabetes management and driving safety, to identify signs and symptoms of hypoglycemia and hyperglycemia, and what procedures must be followed if complications from diabetes arise;
  • (viii) Submit all required Oregon Department of Education forms signed by the appropriate medical professionals within the prescribed timelines;
  • (J) Does not have severe hypertension (grade 3 retinopathy); or
  • (K) Does not have an established medical history or clinical diagnosis of epilepsy or any other condition likely to cause loss of consciousness or any loss of ability to control a motor vehicle.
  • (e) A driver is no longer physically qualified to operate a school bus and shall be immediately removed from duty for the following:
  • (A) Diabetic person:
  • (i) Results of an HbA1c test indicating values less than 6.0 or greater than 9.5 unless accompanied by the required medical opinion that the event was incidental and not an indication of failure to control glucose levels;
  • (ii) Results of self-monitoring indicate glucose levels less than 100 mg/dl or greater than 300 mg/dl, until self-monitoring indicates compliance with specifications;
  • (iii) Experiencing a loss of consciousness or control relating to a diabetic condition; or
  • (iv) Failing to maintain or falsifying the required medical records.
  • (B) A new diagnosis of diabetes requiring insulin until all requirements under subsection (8)(d)(I) have been met;
  • (C) Not withstanding paragraphs (A) and (B), if the driver has a serious illness, injury, or change in physical or mental condition and no longer meets the physical requirements outlined in subsection (8)(d), then re-examination and medical approval are required before the driver may resume driving a school bus.
  • (9) Driving and Criminal Records:
  • (a) The Oregon Department of Education shall review the driving record of each applicant before a school bus driver’s permit or certificate is issued or renewed. Applicants who have held a driver’s license in a state other than Oregon anytime during the preceding three-year period shall furnish a copy of the driving record from each state in which the applicant has held a driver’s license to the Department printed within 30 days prior to the application;
  • (b) The Oregon Department of Education shall review the criminal record of a driver upon application for a school bus driver’s permit or certificate, or renewal of a school bus driver’s permit or certificate;
  • (c) An applicant shall be refused a school bus driver’s certificate, permit or a current certificate or permit shall be suspended or revoked if the applicant or driver:
  • (A) Has ever been convicted of crime listed in ORS 342.143;
  • (B) Has ever been convicted of a crime involving violence, the threat of violence or theft. This shall not apply if applicant or driver has been free from custody, probation and parole for the preceding three-year period from date of application;
  • (C) Has ever been convicted of a crime involving activity in drugs or alcoholic beverages. This shall not apply if the applicant or driver has been free from custody, probation, and parole for the preceding three-year period from date of application;
  • (D) Has had a driver’s license suspended by the Division of Motor Vehicles of any state, within the preceding three year period, for a cause involving the unsafe operation of a motor vehicle or because of driving record;
  • (E) Has been convicted within the preceding three-year period of:
  • (i) Driving under the influence of intoxicants, as defined in ORS 813.010;
  • (ii) Reckless driving, as defined in ORS 811.140;
  • (iii) Fleeing or attempting to elude a police officer, as defined in under ORS 811.540;
  • (iv) Failure to perform the duties of a driver involved in an accident or collision which results in injury or death of any person, as described in ORS 811.705, or equivalent out of state conviction.
  • (F) Has had his or her driving privileges revoked or suspended as a habitual offender under ORS 809.600. This shall not apply if applicant or driver has had his or her driving privileges restored under ORS 809.660 for the preceding three years;
  • (G) Has a driving record for the preceding three-year period that has an accumulation of 31 or more points based upon the following point system:
  • (i) Each chargeable accident shall have a value of 10 points. Applicable traffic code and preventability guidelines published by the National Safety Council and the Pupil Transportation Safety Institute may be used to determine if an accident is chargeable; and
  • (ii) Each of the traffic violations on Table 1 shall have a value of 10 points.
  •  (iii) One point shall be subtracted from the total number of points for each full month, since the last chargeable accident or conviction, to the time of driving record check; however, all subtracted points will be reinstated if any additional qualifying convictions or chargeable accidents occur within the three-year calculation period.
  • (10) Refusals and Suspensions:
  • (a) The Oregon Department of Education may refuse, suspend or revoke the certificate of a school bus driver for:
  • (A) Noncompliance with certification or physical requirements;
  • (B) A positive drug or alcohol test, verified by a medical review officer, as part of drug and alcohol testing required by the Federal Motor Carrier Safety Regulations;
  • (C) Giving false information on application forms; or
  • (D) Failure to comply with laws, rules and regulations applicable to school bus drivers;
  • (b) The Oregon Department of Education shall suspend the driver’s school bus driver certificate or permit immediately upon the receipt of appropriate documentation indicating that driver’s failure to comply with any regulations identified in subsection (8) (d)(I) related to persons with diabetes;
  • (c) A driver shall, upon suspension or revocation of the driver’s school bus driver’s certificate or permit, surrender the suspended or revoked certificate or permit to the Oregon Department of Education;
  • (d) A driver whose school bus driver’s certificate or permit was suspended or revoked, or application for a certificate for permit was rejected, may request a hearing. Hearings conducted under this paragraph on appeal for refusal, suspension or revocation of a school bus driver’s certificate or permit shall be conducted pursuant to ORS chapter 183;
  • (e) A certificate may be suspended for any period of time not to exceed 90 days. If the conditions of a certificate’s suspension have not been met within the suspension period, the certificate shall be revoked.
  • (f) The Oregon Department of Education may reinstate a school bus driver’s certificate or permit if:
  • (A) The driver can demonstrate compliance with the certificate and physical requirements;
  • (B) The driver can provide documentation that he or she has completed all return-to-duty requirements after a positive drug or alcohol test required by the Federal Motor Carrier Safety Administration and documentation from the employer that the employer is ensuring that the driver meets these requirements; and
  • (C) The driver can provide satisfactory evidence that he or she is in compliance with laws, rules and regulations applicable to school bus driver
  • (g) The Oregon Department of Education may reinstate a school bus driver’s certificate or permit if a driver suspended for violating subsection (8)(d)(I), regarding regulations related to diabetes, provides or demonstrates that the driver has:
  • (A) Submitted an application for reinstatement with department form 581-2278-e; and
  • (B) Provided copies of blood sugar records for the three months immediately preceding the date of the driver’s reinstatement application indicating stable blood sugars as certified by qualifying physician. The blood sugar records must include a copy of any conforming HbA1c test results for this period;
  • (h) The Department may reinstate a driver’s school bus driver’s certificate or permit if the driver’s certificate or permit was suspended because the driver experienced a loss of consciousness or loss of control due to a diabetic related episode. A driver may apply for reinstatement under the guidelines at subsection (8)(d)(H) of this rule.
  • (i) Drivers who have had their school bus driver’s certificates or permits revoked for falsification of records may not apply for reinstatement for a period of 3 years from the date on which their certificate or permit was suspended or revoked.;
  • (11) Change of Name, Address or Employer. A driver shall notify the Oregon Department of Education, in writing, of any change in the driver’s name, address or employer within 30 days of the change. A duplicate certificate will be issued if necessary.
  • [Publications: Publications referenced are available from the agency.]
  • Stat. Auth.: ORS 327.013 & 820.100 - 820.120
  • Stats. Implemented: ORS 327.013, 820.100, 820.105 & 820.110 - 820.120
  • Hist.: 1EB 19-1978, f. 6-19-78, ef. 7-1-78; 1EB 32-1978, f. & ef. 9-5-78; 1EB 4-1979, f. 3-30-79, ef. 7-1-79; 1EB 8-1981, f. & ef. 4-1-81; 1EB 13-1981(Temp), f. & ef. 7-29-81; 1EB 7-1982, f. & ef. 2-18-82; EB 3-1987, f. & ef. 2-18-87; EB 43-1988, f. 12-16-88, cert. ef. 1-1-89; EB 25-1993, f. & cert. ef. 7-30-93; ODE 11-1999, f. & cert. ef. 2-12-99; ODE 30-1999, f. 12-13-99, cert. ef. 12-14-99; ODE 14-2001(Temp) f. & cert. ef. 6-15-01 thru 12-1-01; ODE 8-2002, f. & cert. ef. 3-11-02; ODE 12-2004, f. & cert. ef. 8-4-04; ODE 5-2011, f. & cert. ef. 3-17-11

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.

2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use

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