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The Oregon Administrative Rules contain OARs filed through March 15, 2014
 
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OREGON DEPARTMENT OF EDUCATION

 

DIVISION 53

SCHOOL BUS DRIVER TRAINING, LICENSING, AND SCHOOL BUS STANDARDS

581-053-0002

Purpose and Applicability

(1) The purpose of the rules set forth in this division is to ensure the safety of students 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;

(2) 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.

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; ODE 19-2012, f. & cert. ef. 6-14-12

581-053-0003

Definitions

The following terms used in OAR Chapter 581, Division 053 shall be defined as follows:

(1) “Accident” means an occurrence that results in any of the following:

(a) An injury requiring medical or dental treatment.

(b) Combined vehicle and property damage in excess of $500. This includes:

(A) Damage to the school bus or school activity vehicle; and

(B) Damage to property other than the school bus or school activity vehicle, including damage to another school bus or school activity vehicle, or transportation entity property.

(2) “Activity trip” means transportation between a school or location to another school or location, but not home-to-school.

(3) “Actual knowledge” means direct and clear awareness of a circumstance or fact, resulting from either observation or investigation.

(4) “Approved” means a motor carrier approved by ODE for transportation of school children for activity trips.

(5) "Authorized official" means a person designated by the local employer.

(6) “CDL” means a commercial driver license as defined in ORS 801.207

(7) “CLP” means a commercial learners permit issued by this state or another jurisdiction to allow an individual to be trained on the operation of a commercial motor vehicle, including a school bus.

(8) “Carrier or Motor carrier” means for-hire carrier or private carrier subject to ORS Chapter 825.

(9) “Certificate of Carrier Approval” means a certificate from ODE authorizing a motor carrier to transport students for Oregon schools.

(10) “Chaperone” means a person authorized by the school district.

(11) “Chargeable Accident” is an accident in which the driver is answerable as the primary cause of, or the result of, the accident.

(12) “Classroom instructor” means a person who holds one or more of the following certificates issued by ODE:

(a) Core Instructor Certificate;

(b) Core Refresher Instructor Certificate; or

(c) Transporting Students with Special Needs Instructor Certificate.

(13) “Contractor” means any company, organization or person that provides transportation services to a transportation entity and is not subject to ORS Chapter 825 while providing that service.

(14) “DMV” means the Oregon Department of Transportation, Driver and Motor Vehicle Services Division.

(15) “Diabetic person” means a person who takes insulin.

(16) “Driving instructor” means a person who holds one of the following certificates issued by ODE:

(a) Behind-the-Wheel Trainer Certificate;

(b) Behind-the-Wheel Probationary Trainer Certificate;

(c) Advanced Reference Point Trainer Certificate; or

(d) Assistant Trainer Certificate.

(17) “Invalid” means a certificate or permit that has expired, has been made inactive, or is otherwise immediately disqualified by rule.

(18) “Medical certificate” is defined in OAR 735-063-0060.

(19) “Home to School” means transportation between the student’s residence, babysitter, daycare or designated pick up or drop off spot and their educational facility.

(20) “Motor coach” means an over-the-road bus, having a gross vehicle weight rating (GVWR) of 26,000 lbs or more but does not include the following:

(a) Buses used in public transportation provided by a State or local government; and

(b) Vehicles owned or operated by a mass transport district created under ORS Chapter 267.

(21) “OAR” means Oregon Administrative Rule(s).

(22) “ODE” means the Oregon Department of Education.

(23) “ORS” means Oregon Revised Statute(s).

(24) “Provider of Motor coach services” means a motor carrier providing passenger transportation service with a motor coach for compensation, including per-trip compensation or chartered compensation.

(25) “Refused” means that ODE has determined that an applicant is unqualified for the certificate or permit being applied for.

(26) “Rejected” means that an application for certificate or permit is incomplete and no determination of qualification will be made.

(27) “Revoke” means the termination of one or more certificates or permits. Revoked certificates are not reinstated at the end of the revocation period. Individuals who have had a certificate revoked shall reenter the program in the same way as an individual entering the program for the first time.

(28) “School board” means the governing board or governing body of the transportation entity.

(29) “School activity vehicle” is defined in ORS 801.455 and includes all such vehicles that are owned, leased, or rented by a transportation entity.

(30) School Activity Vehicle Types:

(a) “Type 10 vehicle" means a vehicle that has a capacity of not more than ten persons, a gross vehicle weight rating of not more than 10,000 pounds and are used to transport students to and from school or authorized school activities.

(b) “Type 20 vehicle” means a vehicle that has a capacity of not more than 20 passengers, a gross vehicle weight rating of not more than 14,500 pounds, and are used to transport students to and from authorized school activities.

(c) “School pupil activity bus (SPAB)” means a motor coach operated by a motor carrier, used under a contractual agreement between a transportation entity and a carrier to transport school pupils on activity trips.

(31) “School bus” is defined in ORS 801.460 and includes all such vehicles that are owned, leased, or rented by a transportation entity.

(32) School Bus Types:

(a) “Type A-1" means a school bus with a gross weight rating of 14,500 pounds or less.

(b) “Type A-2" means a school bus with a gross weight rating between 14,500 and 19,500 pounds, and a passenger capacity not to exceed 36.

(c) “Type B" means a school bus with a gross weight rating between 10,000 pounds and 19,500 pounds. Most of the engine is beneath and/or behind the windshield and beside the driver's seat. The entrance door is behind the front wheels.

(d) “Type C" means a school bus with all or part of the engine in front of the windshield and the entrance door behind the front wheels.

(e) “Type D" means a school bus with the engine mounted in the front behind the windshield, midship, or rear. The entrance door is ahead of the front wheels.

(33) “Skills test” means the test given to a school bus or school activity vehicle driver prior to certification or approval to drive that type of vehicle. The skills test is composed of the following tests:

(a) Vehicle Inspection Test

(b) Basic Control Skills Test (only applicable to a school bus or type 21 test)

(c) On-Road Driving Test

(34) “Submit” means that a document has been received by ODE

(35) “Supervisor”:

(a) Prior to July 1, 2015 means a person authorized by the transportation entity or contractor.

(b) On or after July 1, 2015 means a person designated by the transportation entity or contractor who holds ODE Supervisor Certification.

(36) “Suspend” means the temporary withdrawal of one or more certificates or permits for a period not to exceed one year. Suspended certificates are reinstated at the end of the suspension period provided that all other certificate requirements are met.

(37) “Trained in first aid” means a person who possesses a valid first aid card verifying completion of a hands-on first aid class that meets 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 Health Administration, U.S. Department of Labor. The training program shall include instructor observation of acquired skills and shall include, but not be limited to, the following training:

(a) Curriculum based on a consensus of scientific evidence;

(b) Treating airway obstruction in a conscious victim;

(c) Recognizing the signs and symptoms of shock and providing first aid for shock due to illness or injury;

(d) Controlling bleeding with direct pressure;

(e) Poisoning;

(f) Wounds;

(g) Burns;

(h) Temperature Extremes;

(i) Musculoskeletal Injuries;

(j) Eye Injuries;

(k) Mouth and Teeth Injuries; and

(l) Bites and Stings.

(38) “Transportation entity” means any school district, individual school, educational service district or head start agency to which the rules of this division apply.

(39) “Transportation service” means home to school or school to home transportation provided to a qualifying student, regardless of how that transportation is provided.

(40) “Valid” means an unexpired, active certificate or permit with no automatic disqualifiers listed in the rule for that certificate or permit.

Stat. Auth.: ORS 327.013 & 820.100 - 820.120
Stats. Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120
Hist.: ODE 19-2012, f. & cert. ef. 6-14-12

Administration of Pupil Transportation

581-053-0004

Administration of Pupil Transportation – Generally

(1) Transportation entities shall provide transportation in compliance with all applicable laws and administrative rules.

(2) Transportation entities that contract out all or part of their pupil transportation services are required to ensure that their contractor complies with all applicable laws and administrative rules.

(3) Transportation entities or contractors shall not require or knowingly permit any person to operate a school bus or school activity vehicle in violation of any applicable rules of the State Board of Education or Oregon laws.

(4) Transportation entities or contractors shall notify ODE within 30 days if they have actual knowledge that:

(a) A school bus or school activity vehicle driver has violated an ORS or OAR; and

(b) Student or public safety was jeopardized by the violation.

(5) Transportation entities or contractors shall notify ODE within 30 days anytime a school bus or school activity vehicle driver leaves their employment or is hired while already possessing an otherwise valid certificate or permit:

(6) Each school board shall adopt and implement written policies that:

(a) Direct schools governed by the board to notify the transportation service provider’s designee if students receiving transportation services have special medical or behavioral protocols identified in their student records; and

(b) Ensure drivers receive appropriate and documented training related to specified protocols, including but not limited to satisfying confidentiality requirements.

(7) Relocation of school buses and school activity vehicles:

(a) Written notification must be sent to ODE when a school bus or school activity vehicle is moved to another transportation entity for a period exceeding 10 days.

(b) Written notification must be sent to ODE when a school bus or school activity vehicle is received from 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.

(8) A seat that fully supports the passenger shall be provided for every passenger on all school buses and school activity 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.

(9) Transportation entities and contractors 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 transportation entities. Such records shall be made part of each driver's driver-training record file. Records shall be made available to ODE personnel or the driver upon request.

(10) Transportation entities or contractors employing school bus drivers or school activity vehicle drivers shall immediately notify ODE 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 qualifications under the provisions of OAR 581-053-0050.

(11) A transportation entity or contractor shall notify ODE in writing within 30 days of when they receive 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 581-053-0040;

(b) Fails to comply with the testing or screening requirements established by the Federal Motor Carrier Safety Administration for commercial drivers at title 49 CFR part 382.

(12) Transportation entities shall submit accident reports to ODE, signed by a supervisor or designee, within 72 hours of the crash. In the case of an accident involving serious injury or death, ODE shall be notified immediately.

(13) Transportation entities shall report to ODE statistics related to pupil transportation.

Stat. Auth.: ORS 327.013 & 820.100 - 820.120
Stats. Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120
Hist.: ODE 19-2012, f. & cert. ef. 6-14-12

581-053-0010

Rules Governing Pupils Riding School Buses and School Activity Vehicles

(1) Pupils being transported are under authority of the bus driver.

(2) Fighting, wrestling, or boisterous activity is prohibited on the bus.

(3) Pupils shall use the emergency exit only in case of emergency.

(4) Pupils shall be on time for the bus both morning and evening.

(5) Pupils shall not bring firearms, weapons, or other potentially hazardous material on the bus.

(6) Pupils shall not bring animals, except approved assistance guide animals on the bus.

(7) Pupils shall remain seated while bus is in motion.

(8) Pupils may be assigned seats by the bus driver.

(9) When necessary to cross the road, pupils shall cross in front of the bus or as instructed by the bus driver.

(10) Pupils shall not extend their hands, arms, or body parts through bus windows.

(11) Pupils shall have written permission to leave the bus other than at home or school.

(12) Pupils shall converse in normal tones; loud or vulgar language is prohibited.

(13) Pupils shall not open or close windows without permission of driver.

(14) Pupils shall keep the bus clean, and must refrain from damaging it.

(15) Pupils shall be courteous to the driver, to fellow pupils, and passersby.

(16) Pupils who refuse to obey promptly the directions of the driver or refuse to obey regulations may forfeit their privilege to ride buses.

(17) Rules Governing Pupils Riding School Buses and School Activity Vehicles must be kept posted in a conspicuous place in all school buses, type 20, and type 21 activity vehicles.

Stat. Auth.: ORS 327.013 & 820.100 - 820.120
Stats. Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120
Hist.: 1EB 118, f. 11-28-67, ef. 12-25-67; 1EB 134, f. 6-26-72, ef. 7-15-72; 1EB 217, f. 2-17-76, ef. 3-15-76; EB 25-1993, f. & cert. ef. 7-30-93; ODE 19-2012, f. & cert. ef. 6-14-12

581-053-0021

Minimum Record Retention Requirements

(1) Accident reports shall be retained for three years.

(2) Annual vehicle inspection shall be retained until the vehicle is sold.

(3) Application for school bus driver’s permit or certificate (copy) shall be retained for four years or for one year after the transportation entity or contractor notifies ODE that the driver is no longer active, whichever occurs first.

(4) Application for type 20 driver’s certificate shall be retained for four years or for one year after the transportation entity or contractor notifies ODE that the driver is no longer active, whichever is first.

(5) Approval of a temporary school bus driver shall be retained until July 1, following approval.

(6) Approval of a type 10 driver shall be retained until the transportation entity or contractor notifies ODE that the driver is no longer active with them.

(7) Driver vehicle inspection reports shall be retained for three months.

(8) License approvals for school buses and school activity vehicles shall be retained until the vehicle is sold.

(9) Performance checklist for school bus, type 20, and type 21 drivers shall be retained until one year after the transportation entity or contractor notifies ODE that the driver is no longer active with them.

(10) Safety instruction records required in OAR 581-053-0210 (Transportation Entity Requirements for School Buses) shall be retained for four years.

(11) Safety instruction records required in OAR 581-053-0610 (Transportation Entity Requirements for School Pupil Activity Buses) shall be retained for two years.

(12) School bus driver training attendance records shall be retained for four years.

(13) Skills tests administered to school bus, type 10, type 20, or type 21 drivers shall be retained until one year after the driver is made inactive with ODE.

(14) Vehicle maintenance records in OAR 581-053-0070 shall be retained until the vehicle is sold.

(15) Further record requirements can be found in OAR Chapter 166, Division 400 Secretary of State Archives Division Educational Service Districts, School Districts, and Individual School Records Retention Schedule. In the case of a conflict between the record retention requirements of the two rules, the stricter requirement shall prevail.

Stat. Auth.: ORS 327.013 & 820.100 - 820.120
Stats. Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120
Hist.: ODE 19-2012, f. & cert. ef. 6-14-12

581-053-0031

Driving Hour Limitations

(1) A driver of a school bus or school activity vehicle shall comply with one of the following driving hour regulations:

(a) Following eight hours free from driving a school bus or school activity vehicle, a driver may drive a school bus or school activity vehicle for ten hours in a 15 hour period; or

(b) Following eight hours free from driving a school bus or school activity vehicle, a driver may:

(A) Drive a morning route transporting students from home to school;

(B) Be free from driving a school bus or school activity vehicle for a minimum of four consecutive hours; and

(C) Drive a school bus or school activity vehicle for eight hours:

(i) In a ten hour period; or

(ii) Until midnight.

(2) A driver shall not drive more than three hours continuously without taking at least a 15-minute break from driving duties;

(3) Notwithstanding section (1) of this rule, in the event of an emergency or unforeseen circumstance a driver may complete the trip without being in violation of the provisions of this rule if such trip could have reasonably been completed as originally scheduled without violation of this rule.

(4) Notwithstanding all other sections of this rule, SPAB drivers shall follow FMCSA Hours of Service for Drivers regulations found at 49 CFR 395.

Stat. Auth.: ORS 327.013 & 820.100 - 820.120
Stats. Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120
Hist.: ODE 19-2012, f. & cert. ef. 6-14-12

581-053-0040

Physical Examinations

(1) 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:

(a) Physician or physician assistant licensed under ORS chapter 677;

(b) Nurse practitioner certified under ORS 678.375, or

(c) Chiropractic physician licensed under ORS chapter 684.

(2) Physicians completing the required ODE forms for diabetic persons must be a:

(a) Board certified endocrinologist;

(b) Board certified diabetologist;

(c) Board certified family practitioner; or

(d) Board certified internist.

(3) A cardiac stress test shall be required with medical examination given any evidence of myocardial infarction within the past three months or unstable angina pectoris. The examining physician may 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.

(4) Physical examination and certificate application forms adopted by the ODE shall be utilized by applicants for a school bus driver's certificate or permit.

(5) 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:

(A) Utilize a manually operated bus entrance door control with a force of at least 30 pounds;

(B) Ascend and descend steps with a maximum step height of 17 1/2 inches;

(C) Operate two hand controls simultaneously and quickly;

(D) Have a reaction time of 3/4 of a second or less from the throttle to the brake control;

(E) Carry or drag a 125 pound person 30 feet in 30 seconds or less;

(F) Depress a brake pedal with the foot to a pressure of at least 90 pounds;

(G) Depress a clutch pedal with the foot to a pressure of at least 40 pounds unless operating an automatic transmission; and

(H) 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) Controlled substances:

(A) Does not use any controlled substance identified in 21 CFR 1308.11 Schedule 1, an amphetamine, a narcotic, or other habit-forming drug.

(B) Does not use any non-Schedule I controlled substance except when the use is pursuant to the instructions of a licensed medical practitioner who is familiar with the driver’s medical history and has advised the driver that the substance will not adversely affect the driver’s ability to safely operate a school bus.

(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:

(A) 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;

(B) Report immediately to their employer, any failure to comply with specific glucose level requirements as listed in paragraphs (i)(A) and (E) of this subsection, or loss of consciousness or control;

(C) 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;

(D) Carry a source of readily absorbable, fast-acting glucose while on duty;

(E) 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;

(F) 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;

(G) 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;

(H) 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.

(6) 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:

(A) 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;

(B) 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; proofread

(C) Experiencing a loss of consciousness or control relating to a diabetic condition; or

(D) Failing to maintain or falsifying the required medical records.

(b) A new diagnosis of diabetes requiring insulin until all requirements under subsection (5)(i) have been met;

(c) Notwithstanding subsections (a) and (b) of this section, if the driver has a serious illness, injury, or change in physical or mental condition and no longer meets the physical requirements outlined in this rule, then re-examination and medical approval are required before the driver may resume driving a school bus.

(7) Notwithstanding any other section of this rule, Type 20 CDL drivers and SPAB drivers shall meet the FMCSA physical requirements found in 49 CFR part 391 and shall carry a medical certificate to indicate compliance.

Stat. Auth.: ORS 327.013 & 820.100 - 820.120
Stats. Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120
Hist.: ODE 19-2012, f. & cert. ef. 6-14-12

581-053-0050

Driving and Criminal Records

(1) The Oregon Department of Education shall review the driving record of each applicant for certification or approval as a school bus or school activity driver. Applicants who have held a driver license in a state other than Oregon anytime during the preceding three-year period may be required to furnish a copy of the driving record from each state in which the applicant has held a driver license to ODE. If the driver currently holds a driver license from another state, the driving record shall be printed no more than 30 days prior to the date received by ODE.

(2) ODE shall review the criminal record of each applicant for certification or approval as a school bus or school activity driver.

(3) An applicant does not qualify as a school bus or school activity driver if the applicant:

(a) Has ever been convicted of a crime listed in ORS 342.143. (Forever Crime)

(b) Has ever been convicted of a crime involving violence, threat of violence or theft. 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.

(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 his or her driving privileges suspended by 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:

(A) Driving under the influence of intoxicants, as defined in ORS 813.010;

(B) Reckless driving, as defined in ORS 811.140;

(C) Fleeing or attempting to elude a police officer, as defined in under ORS 811.540;

(D) 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

(E) An equivalent out of state conviction for any of the above.

(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:

(A) 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

(B) Each of the traffic violations on Table 1 shall have a value of 10 points.

(C) 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.

[ED. NOTE: Tables referenced are not included in rule text. Click here for PDF copy of table(s).]

Stat. Auth.: ORS 327.013 & 820.100 - 820.120
Stats. Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120
Hist.: ODE 19-2012, f. & cert. ef. 6-14-12

581-053-0060

Refusals, Suspensions, Revocations and Invalid Certificates

The Oregon Department of Education shall refuse to issue a certificate or permit to an applicant who does not meet the qualifications for the certificate or permit being sought. Incomplete applications shall be rejected.

(1) ODE may suspend or revoke a certificate or permit based on the violations and sanctions listed on table 1. If the certificate holder has been suspended within the prior three- year period, the current offense may be considered a second or subsequent offense.

(2) If the conditions of reinstatement are not met for a suspended certificate or permit at the end of the suspension period, the certificate or permit shall be immediately revoked.

(3) A certificate or permit holder shall surrender any suspended or revoked certificate or permit to ODE.

(4) A certificate or permit holder whose certificate or permit was suspended or revoked, or application for a certificate for permit was refused, may request a hearing. Hearings conducted under this section on appeal for refusal, suspension or revocation of a certificate or permit shall be conducted pursuant to ORS chapter 183.

(5) ODE may only reinstate a certificate or permit if all conditions of the suspension or revocation have been met, and the person otherwise qualifies for the certificate or permit being reinstated.

(6) Notwithstanding section (5) of this rule, no hearing will be held when a certificate or permit becomes invalid because of the provisions of the rule that govern the certificate or permit.

[ED. NOTE: Tables referenced are not included in rule text. Click here for PDF copy of table(s).]

Stat. Auth.: ORS 327.013 & 820.100 - 820.120
Stats. Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120
Hist.: ODE 19-2012, f. & cert. ef. 6-14-12

581-053-0070

School Bus and School Activity Vehicle Acquisition, Maintenance and Inspection

(1) Upon entry into Oregon, all school buses and school activity vehicles shall conform to the Oregon minimum standards currently in force as they apply to each vehicle and to the Federal Motor Vehicle Safety Standards in place at time of manufacture, prior to transporting students.

(2) Transportation entities shall not transport students in any school bus or school activity vehicle until:

(a) The school bus or school activity vehicle license approval form has been received by ODE certifying that the vehicle meets all applicable minimum standards; and

(b) The transportation entity has received approval from ODE.

(3) 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 ODE.

(4) School buses and school activity 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 ODE.

(5) 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. 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.

(6) School buses and school activity 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.

(7) The transportation entity shall keep vehicle maintenance records for each vehicle used to transport students. These records shall be available to ODE upon request. Records shall be kept for every service, adjustment or repair of the following items and shall include date and mileage:

(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.

(8) Notwithstanding OAR 581-053-0120, under the direction of a certified inspector, repair items listed below may be done by uncertified personnel:

(a) Belts and hoses;

(b) Body and paint repair;

(c) Camera systems;

(d) Electrical systems;

(e) Exhaust systems;

(f) Fluid changes;

(g) Glass repair;

(h) Lights;

(i) Seat repairs;

(j) Tires;

(k) Tune-ups.

(9) Transportation entities or contractors planning to rebuild a school bus or school activity vehicle that has been totaled shall first secure written approval from ODE. (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 in affect at the time of approval.

(10) The transportation entity shall ensure the following is inspected daily:

(a) Windshield and wipers;

(b) All lights;

(c) Service door;

(d) Tires and wheel lug nuts;

(e) Battery, belts, oil and coolant level;

(f) Horns;

(g) Brakes;

(h) Steering;

(i) Exhaust system;

(j) See that lights, windshield, mirrors, and warning sign is clean;

(k) Emergency equipment;

(l) Emergency exits and audible warning devices;

(m) Suspension;

(n) Seats; and

(o) Gauges

(11) Transporting entities shall have all vehicles used in transporting pupils inspected annually by inspectors holding current school bus inspection certification, and certify to ODE that all deficiencies have been corrected before September 1 each year. ODE shall furnish forms for the inspection and for the certification reports.

(12) ODE personnel may inspect school buses and school activity vehicles at any time or upon request of transportation entities. ODE may investigate accidents and examine school buses and school activity vehicles involved in accidents as ODE considers necessary.

(13) Upon inspection of school buses or school activity vehicles by ODE personnel, the vehicle owner shall be notified in writing of deficiencies. Such deficiencies shall be corrected within 30 days. If the vehicle owner is unable to correct the deficiency within 30 days, the transportation entity may submit a written request for an extension of time to ODE. Such request may be granted, provided the deficiency does not affect the safety of students or public, and is not contrary to Oregon Motor Vehicle Laws.

(14) ODE personnel may issue a written order that a vehicle is unsafe and shall 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 public.

(15) The transportation entity or vehicle owner shall notify ODE in writing that the deficiency is corrected before transporting students in a vehicle that has been declared unsafe in section (14) of this rule.

Stat. Auth.: ORS 327.013 & 820.100 - 820.120
Stats. Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120
Hist.: ODE 19-2012, f. & cert. ef. 6-14-12

Non-Driving Related Certificates

581-053-0100

Non-Driving Related Certificates — Generally

(1) To provide for the proper training of school bus drivers, proper vehicle inspection, and proper application of the rules, ODE has created various non-driving related certificates as outlined in OAR 581-053-0100 through 581-053-0199.

(2) Non-driving related certificates may require participation in a specialized workshop developed by ODE. A schedule of workshops shall be published by January 31 of each year.

(3) To be a candidate for a workshop, an individual shall:

(a) Submit a completed application form by the application deadline; and

(b) Meet all requirements listed on the application.

(4) ODE may limit the size of workshops. If workshop sizes are limited, candidates may be accepted based on, but not limited to:

(a) Qualifications;

(b) Experience;

(c) Location need for a certified person; and

(d) Other certifications held by the candidate.

(5) ODE may accept a candidate who has filed an application under section (3) of this rule who does not meet the minimum qualifications. Candidates accepted into the workshop under this provision shall not receive certification until all minimum qualifications are met.

(6) A Third Party Examiner Recertification Workshop shall be held in conjunction with examiner certificate expiration, or as otherwise required by DMV.

(7) Recertification may be required for the holders of other certificates as deemed necessary by ODE. Certificate holders will be notified in writing how to recertify and the date the current certificate will become invalid due to failure to recertify.

Stat. Auth.: ORS 327.013 & 820.100 - 820.120
Stats. Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120
Hist.: ODE 19-2012, f. & cert. ef. 6-14-12

581-053-0110

Supervisor Certificate

(1) The Oregon Department of Education shall issue a Supervisor Certificate to an individual who has completed the supervisor training workshop.

(2) Part of the workshop requirements may be waived for Supervisor Certificate applicants who hold one or more of the following certificates:

(a) Annual Vehicle Inspection Certificate;

(b) Behind-the-Wheel Instructor Certificate;

(c) Third Party Examiner Certificate;

(d) Core & Advanced Instructor Certificate;

(e) Core Refresher Instructor Certificate; or

(f) Transporting Students with Special Needs Instructor Certificate.

(3) Portions of the workshop waived in section (2) of this rule shall relate directly to the certificate(s) currently held by the applicant.

(4) The Supervisor Certificate allows an individual to sign an ODE form that requires a supervisor signature.

(5) Notwithstanding section (4) of this rule, ODE may grant an exception to an individual who:

(a) Has been hired between scheduled workshops;

(b) Submits a letter from the school board or their designee outlining the need for the exception; and

(c) Submits an application, or letter of intent, to attend the next scheduled workshop for supervisors.

(6) Supervisor exceptions issued under section (5) of this rule shall expire on the date of the next scheduled workshop for supervisors and shall not be renewed except due to extreme circumstances at the discretion of the Director of Pupil Transportation.

(7) The provisions of this rule become effective on July 1, 2015.

Stat. Auth.: ORS 327.013 & 820.100 - 820.120
Stats. Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120
Hist.: ODE 19-2012, f. & cert. ef. 6-14-12

581-053-0120

Vehicle Inspector Certificate

(1) Any person performing an annual school bus or school activity vehicle inspection and signing the Annual Vehicle Inspection and Maintenance Report form 581-2255-M, or performing repairs on a school bus or school activity vehicle, must successfully complete a test administered by the Oregon Department of Education or designee and be certified over the contents of the School Bus Maintenance and Inspection Manual for Oregon School Buses, current edition.

(2) ODE may require re-certification when the School Bus Maintenance and Inspection Manual is revised.

(3) Vehicle inspection certificate may be suspended or revoked under the provisions of OAR 581-053-0060.

Stat. Auth.: ORS 327.013 & 820.100 - 820.120
Stats. Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120
Hist.: ODE 19-2012, f. & cert. ef. 6-14-12

581-053-0130

Assistant Trainer Certificate

(1) The Oregon Department of Education may issue an Assistant Trainer Certificate to an individual who has:

(a) One year experience operating a school bus;

(b) A current School Bus Driver’s Certificate;

(c) Submitted an application that includes information regarding the behind-the-wheel trainer(s) that the applicant will be working with; and

(d) Submitted a letter of recommendation from their supervisor.

(2) Assistant trainers shall work under the direction of a certified behind-the-wheel trainer.

(3) The Assistant Trainer Certificate authorizes an individual to:

(a) Work with school bus driver applicants on portions of the behind-the-wheel training that have already been taught and documented by a certified behind-the-wheel trainer; and

(b) Train applicants to drive a type 20 vehicle and sign off on the type 20 performance check list and application in accordance with OAR 581-053-0420.

(4) Assistant trainers shall not sign off on any item on the performance checklist for new school bus drivers except for the assistant trainer line on the last page.

(5) The assistant trainer certificate shall be invalid if:

(a) The assistant trainer no longer has a valid school bus certificate; or

(b) The behind-the-wheel trainer(s) is (are) no longer available to provide direction to the assistant trainer.

Stat. Auth.: ORS 327.013 & 820.100 - 820.120
Stats. Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120
Hist.: ODE 19-2012, f. & cert. ef. 6-14-12

581-053-0135

Reference Point Trainer Certificate

(1) The Oregon Department of Education may issue a Reference Point Trainer Certificate to an individual who has:

(a) A valid Assistant Trainer Certificate;

(b) Submitted an application; and

(c) Submitted a completed advanced reference point performance checklist indicating that the applicant has mastered all parts of the Advanced Reference Point Manual, signed by a behind-the-wheel trainer.

(2) The Reference Point Trainer Certificate authorizes an individual to

(a) Teach the material out of the Advanced Reference Point Manual, published by ODE, to school bus drivers who already posses a valid School Bus Driver’s Permit or Certificate; and

(b) Sign-off mastery of reference points on the advanced reference point performance checklist for the driver’s file and for ODE training credit.

(3) The Reference Point Trainer Certificate shall be invalid if the individual does not have a valid Assistant Trainer Certificate.

Stat. Auth.: ORS 327.013 & 820.100 - 820.120
Stats. Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120
Hist.: ODE 19-2012, f. & cert. ef. 6-14-12

581-053-0140

Behind-the-Wheel Trainer Certificate

(1) The Oregon Department of Education shall issue a Behind-the-Wheel Trainer Certificate to an individual who has:

(a) Two years experience operating commercial motor vehicles;

(b) One year experience operating a school bus;

(c) Six months experience as a certified assistant trainer, except that:

(A) This requirement may be waived by the ODE Director of Pupil Transportation. Request for exception from this requirement will be decided on an individual basis.

(B) Trainers who have attended the Behind-the-Wheel Instructor Workshop prior to July 1, 2012 are exempt from this provision.

(d) A current School Bus Driver’s Certificate;

(e) Been recommended by a transportation entity or contractor; and

(f) Either:

(A) Completed the Behind-the-Wheel Instructor Workshop with a score of at least 80%; or

(B) Met all conditions of probation after being issued a Behind-the-Wheel Probationary Trainer Certificate in OAR 581-053-0145 prior to the expiration date of the probationary certificate.

(2) The Behind-the-Wheel Training Certificate authorizes an individual to:

(a) Train applicants for a School Bus Driver’s Permit or Certificate in accordance with OAR 581-053-0220, only if the applicant has:

(A) A valid CDL with proper endorsements, or a valid CLP and documentation that the individual has passed the proper written endorsement exams at DMV; and

(B) A valid medical certificate.

(b) Train applicants for a Type 20 Certificate in accordance with OAR 581-053-0420, only if the applicant has a valid driver license or CDL. If the type 20 vehicle is designed to hold more than 15 passengers, a CDL or CLP with a medical certificate is required.

(c) Test applicants for a School Bus Driver’s Permit or Certificate who have:

(A) Met all requirements of subsection (a) of this section;

(B) A School Bus Application Form signed by the a medical examiner, the applicant, and the behind-the-wheel trainer that conducted the training; and

(C) A completed school bus performance checklist on file that is initialed and signed by the applicant and the behind-the-wheel trainer that conducted the training.

(d) Test applicants for a Type 20 Certificate who have:

(A) A valid driver’s license or CDL. If the type 20 vehicle is designed to hold more than 15 passengers, a CDL with a medical certificate is required; and

(B) A completed type 20 performance checklist on file that is initialed and signed by the applicant and the behind-the-wheel or assistant trainer that conducted the training.

(e) Teach the material out of the Advanced Reference Point Manual, published by ODE, to school bus drivers who already possess a valid School Bus Driver’s Permit or Certificate and sign-off mastery of the reference points on the Advanced Reference Point Performance Checklist for the driver’s file and ODE training credit.

(3) The Behind-the-Wheel Training Certificate shall become invalid if the certificate holder:

(a) Does not have a valid School Bus Certificate; or

(b) Does not recertify when required by OAR 581-053-0100.

(4) Behind-the-wheel trainers shall not conduct skills tests for applicants they have trained unless:

(a) The applicant has taken a CDL skills test at DMV; or

(b) The behind-the-wheel trainer has written permission from ODE.

Stat. Auth.: ORS 327.013 & 820.100 - 820.120
Stats. Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120
Hist.: ODE 19-2012, f. & cert. ef. 6-14-12

581-053-0145

Behind-the-Wheel Probationary Trainer Certificate

(1) The Oregon Department of Education may issue a Behind-the-Wheel Probationary Trainer Certificate to an individual who has:

(a) Two years experience operating commercial motor vehicles;

(b) One year experience operating a school bus within the last 24 months;

(c) Six months experience as an assistant trainer, except that: this requirement may be waived by the ODE Director of Pupil Transportation. Request for exception from this requirement will be decided on an individual basis.

(d) A current School Bus Driver’s Certificate;

(e) Been recommended by a transportation entity or contractor; and

(f) Completed the Behind-the-Wheel Training Workshop with a score of at least 75%.

(2) The Behind-the-Wheel Probationary Trainer Certificate shall expire 120 days from time of issuance. The certificate shall become immediately invalid if the certificate holder:

(a) Does not have a valid School Bus Certificate; or

(b) Does not recertify when required by OAR 581-053-0100.

(3) ODE may grant one 60 day extension of a probationary certificate.

(4) ODE may convert the Behind-the-Wheel Probationary Trainer Certificate to a Behind-the-Wheel Trainer Certificate once the certificate holder:

(a) Trains two school bus driver applicants in accordance with the rules;

(b) Submits copies of completed performance checklists for each driver;

(c) Ensures that each driver is tested by a third party examiner sponsored by ODE. Each test shall be conducted by a different examiner;

(d) Submits a copy of all tests administered to the school bus driver applicants trained in accordance with this section, including test failures;

(e) Submits documentation of additional training if a school bus driver applicant fails a School Bus Skills Test; and

(f) Meets any additional requirements deemed appropriate by ODE.

(5) The Behind-the-Wheel Probationary Trainer Certificate may be suspended or revoked for the same reasons that the Behind-the-Wheel Trainer Certificate may be suspended or revoked.

(6) A probationary trainer shall not conduct skills tests of school bus or type 20 drivers as outlined in OAR 581-053-0140 Behind-the-Wheel Trainer Certificate.

Stat. Auth.: ORS 327.013 & 820.100 - 820.120
Stats. Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120
Hist.: ODE 19-2012, f. & cert. ef. 6-14-12

581-053-0150

Third Party Examiner Training and Support

DMV issues Third Party Examiner Certificates to individuals who are supported by the Oregon Department of Education. OAR chapter 735, division 60 mandates ODE, as a Third Party Tester, to ensure that examiners supported by ODE meet all of the rules in OAR chapter 735, division 60. The purpose of this rule (581-053-0150) is to layout how an individual gains and maintains ODE support to be a Third Party Examiner. No part of this rule supersedes DMVs ability to sanction examiners in accordance with OAR chapter 735, division 60.

(1) ODE may support an individual who is entering the program for the first time and has:

(a) Three years experience operating commercial motor vehicles;

(b) A current School Bus Driver’s Certificate;

(c) One year experience training school bus drivers;

(d) A current Behind-the-Wheel Instructor Certificate;

(e) Met all requirements listed in OAR Chapter 735, Division 60;

(f) Been recommended by a school bus operation that will house the examiner’s records;

(g) Completed the Third Party Examiner Workshop with a score of at least 80%;

(h) Submitted a test route that is approved by ODE; and

(i) Submitted an Application for Third Party Examiner Certificate to ODE.

(2) All Third Party Certificates expire in accordance with OAR Chapter 735, Division 60. ODE may continue support for an active third party examiner who has:

(a) A current school bus certificate;

(b) A current Behind-the-Wheel Instructor Certificate;

(c) Complete a Third Party Recertification Workshop with a score of at least 80% as required in OAR 581-053-0100;

(d) Been recommended by a school bus operation that will house the examiner’s records; and

(e) Met all requirements of OAR Chapter 735, Division 60.

(3) A third party examiner sponsored by ODE shall not conduct tests anytime they:

(a) Do not have a valid School Bus Driver’s Certificate.

(b) Do not have a valid Behind-the-Wheel Instructor Certificate.

(c) Do not have a sponsor location on file with ODE.

(4) ODE may withdraw sponsorship of any active third party examiner for any violation of the rules that govern testing and training of school bus and school activity vehicle drivers.

(5) Inactive examiners:

(a) A third party examiner may become inactive by submitting a written request to ODE to become inactive. An inactive examiner shall:

(A) Complete all Third Party Recertification Training as required by ODE;

(B) Not conduct tests for new or upgraded commercial driver’s licenses;

(C) Not sign or issue certificates of test completion.

(b) Failure to comply with the section (5) (a) of this rule may result in the examiner’s support status being changed from inactive to surrendered.

(c) An inactive examiner may become active again by submitting an Application for Third Party Examiner Certificate to ODE for sponsorship. Once reactivated an examiner shall:

(A) Administer a third party qualifying School Bus Skills Test within 12 months; and

(B) Remain active for two years.

(6) A third party examiner may surrender their Third Party Examiner Certificate by submitting a written request to be removed from the program. Examiners with surrendered status shall meet all requirements listed in section (1) of this rule to re-enter the program.

Stat. Auth.: ORS 327.013 & 820.100 - 820.120
Stats. Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120
Hist.: ODE 19-2012, f. & cert. ef. 6-14-12

581-053-0160

Core Instructor Certificate

(1) The Oregon Department of Education shall issue a Core Instructor Certificate to an individual who has completed the Core and Advanced Instructor Workshop with a score of 80% or greater.

(2) The Core Instructor Certificate authorizes an individual to teach the following classroom curriculum, from a current manual published by ODE:

(a) Core, an 8 hour program for new school bus drivers. Core consists of four parts:

(A) Section 1 is a one hour course that covers qualifications and bus construction standards.

(B) Section 2 is a two hour course that covers responsibilities and regulations.

(C) Section 3 is a two and a half hour course that covers pupil management.

(D) Section 4 is a two and a half hour course that covers emergency and accident procedures.

(b) Advanced unit A, a two hour course that covers laws and liability.

(c) Advanced unit B, a three hour course that covers special driving conditions and techniques.

(d) Advanced unit C, a two hour course that covers CDL complying vehicle inspections.

(e) Advanced unit D, a two hour course that covers field trips.

(f) Advanced unit E, a two hour course that covers brakes.

(g) Advanced unit F, a two hour course that covers power train.

(3) Notwithstanding section (2) of this rule, a certified core instructor may conduct classroom instruction that has been approved by ODE under OAR 581-053-0225.

Stat. Auth.: ORS 327.013 & 820.100 - 820.120
Stats. Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120
Hist.: ODE 19-2012, f. & cert. ef. 6-14-12

581-053-0170

Core Refresher Instructor Certificate

(1) The Oregon Department of Education shall issue a Core Refresher Instructor Certificate to an individual who has:

(a) A valid Core Instructor Certificate; and

(b) Completed the Core Refresher Instructor Workshop with a score of 80% or greater.

(2) The Core Refresher Instructor Certificate authorizes an individual to teach the four hour Core Refresher classroom curriculum, from a current manual published by ODE.

(3) The Core Refresher Instructor Certificate is invalid at anytime that the certificate holder does not have a valid Core Instructor Certificate.

Stat. Auth.: ORS 327.013 & 820.100 - 820.120
Stats. Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120
Hist.: ODE 19-2012, f. & cert. ef. 6-14-12

581-053-0180

Transporting Students with Special Needs Instructor Certificate

(1) The Oregon Department of Education shall issue a Transporting Students with Special Needs Instructor Certificate to an individual who has:

(a) A valid Core Instructor Certificate; and

(b) Completed the Transporting Students with Special Needs Instructor Workshop with a score of 80% or greater.

(2) The Transporting Students with Special Needs Instructor Certificate authorizes an individual to teach the eight hour Transporting Students with Special Needs curriculum, from a current manual published by ODE. This curriculum consists of five sections.

(a) Section 1 is a one and a half hour course that covers familiarization.

(b) Section 2 is a one hour course that covers terminology and laws.

(c) Section 3 is a two hour course that covers pupil management.

(d) Section 4 is a two hour course that covers lifts and securements.

(e) Section 5 is a one and a half hour course that covers bus emergencies.

(3) The Transporting Students with Special Needs Instructor Certificate is invalid anytime the certificate holder does not have a valid Core Instructor Certificate.

Stat. Auth.: ORS 327.013 & 820.100 - 820.120
Stats. Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120
Hist.: ODE 19-2012, f. & cert. ef. 6-14-12

School Buses

581-053-0210

Administrative Requirements Pertaining to School Buses

(1) Each school board shall adopt and implement a written transportation policy regarding student conduct and discipline that conforms to ORS 339.250 Duty of student to comply with rules; discipline, suspension, expulsion, removal and counseling; written information on alternative programs required, ORS 343.533 Transportation service to preschool children with disabilities, OAR 581-021-0065 Suspension, OAR 581-021-0070 Expulsion, 581-015-2400 through 581-015-2445 Special Education: Discipline, and the Individuals with Disabilities Education Act, 20 USC 1400 et seq.

(2) 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.

(3) 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. 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.

Stat. Auth.: ORS 327.013 & 820.100 - 820.120
Stats. Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120
Hist.: ODE 19-2012, f. & cert. ef. 6-14-12

581-053-0220

School Bus Driver’s Permit and Certificate

(1) 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 or is a temporary driver, approved by ODE. No person shall transport pupils in a school bus of any size or type without first receiving documented instruction in its safe operation.

(2) ODE shall issue a School Bus Driver’s Permit to an applicant who:

(a) Possess a valid CDL with proper endorsements for the vehicle being driven;

(b) Passes a physical examination as required in OAR 581-053-0040 Physical Examinations within six months prior to application;

(c) Passes a behind-the-wheel test administered by an ODE certified behind-the-wheel trainer within one year prior to application;

(d) Is not disqualified based on driving or criminal record as required in OAR 581-053-0050 Driving and Criminal Records;

(e) Submits an application for School Bus Driver’s Permit or Certificate signed by the local supervisor certifying:

(A) The employer will:

(i) Immediately notify ODE if the employer learns of any changes to the applicant's driving and criminal records that could disqualify them from driving under OAR 581-053-0050 Driving and Criminal Records;

(ii) Be in compliance with 49 CFR Part 382 FMCSA Controlled Substances and Alcohol Use and Testing; and

(iii) Ensure the driver complies with all applicable OARs.

(B) The applicant demonstrates the knowledge and ability to perform the duties of a school bus driver.

(f) Completes approved behind-the-wheel training.

(A) Training shall be for a minimum of 15 hours in actual operation of the vehicle(s) that the applicant will be expected to drive, except training may be to a minimum of four hours if:

(i) The applicant has regularly driven a school bus of a size and type similar to that which the applicant will be expected to drive; and

(ii) The employer has documentation from the applicant’s previous employer regarding previous experience.

(B) Hours counted in paragraph (A) of this subsection shall be spent with a certified Behind-the-Wheel Trainer, or a certified Assistant Trainer working under the direction of a Behind-the-Wheel Trainer, as outlined in OAR 581-053-0130 Assistant Trainer Certificate.

(g) Reads 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) Complies with 49 CFR Part 382, FMCSA Controlled Substances and Alcohol Use and Testing.

(i) Has not held a valid School Bus Driver’s Permit or Certificate within the last year.

(3) ODE shall issue an original School Bus Driver's Certificate to applicants who:

(a) Possess a valid CDL with proper endorsements for the vehicle being driven;

(b) Pass a physical examination as required in OAR 581-053-0040 within six months prior to application;

(c) Pass a behind-the-wheel test administered by an ODE certified behind-the-wheel trainer within one year prior to application;

(d) Are not disqualified based on driving or criminal record as required in OAR 581-053-0050;

(e) Submit an application for School Bus Driver’s Permit or Certificate signed by the local supervisor certifying that:

(A) The employer will:

(i) Immediately notify ODE if the employer learns of any changes to the applicant’s driving and criminal records that could disqualify them from driving under OAR 581-053-0050;

(ii) Be in compliance with FMCSA Controlled Substances and Alcohol Use and Testing regulations at 49 CFR 382; and

(iii) Ensure that the driver complies with all applicable OARs.

(B) The applicant:

(i) Demonstrates the knowledge and ability to perform the duties of a school bus driver;

(ii) Has completed the Core Course for school bus drivers taught by a certified Core instructor within the last four years; and

(iii) Is trained in first aid;

(f) Complete approved behind-the-wheel training.

(A) Training shall be for a minimum of 15 hours in actual operation of the vehicle(s) that the applicant will be expected to drive, except the training shall be for a minimum of four hours if:

(i) The applicant has regularly driven a school bus of a size and type similar to that which the applicant will be expected to driver; and

(ii) The employer has documentation from the applicant’s previous employer regarding previous experience.

(B) Hours counted in paragraph (A) of this subsection shall be spent with a certified Behind-the-Wheel Trainer, or a certified Assistant Trainer working under the direction of a Behind-the-Wheel Trainer, as outlined in OAR 581-053-0130 Assistant Trainer Certificate;

(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 inquiries and make entries on reports and records; and

(h) Comply with 49 CFR Part 382 FMCSA Controlled Substances and Alcohol Use and Testing regulations.

(i) Notwithstanding any other provision of this section, ODE shall issue a School Bus Driver’s Certificate to an applicant who holds a valid School Bus Driver’s Permit issued under section (2) of this rule, and who submits a School Bus Driver’s Permit Conversion Card signed by a local supervisor certifying that the applicant has:

(A) Completed the Core Course for school bus drivers taught by a certified Core Instructor within the last four years; and

(B) Is trained in first aid.

(4) ODE shall renew a School Bus Driver's Certificate for an applicant who:

(a) Possesses or has possessed within the last 12 month period a valid School Bus Driver's Certificate;

(b) Possesses a valid CDL with proper endorsements for the type of vehicle being driven;

(c) Passes a physical examination as required in OAR 581-053-0040 Physical Examinations within six months prior to application;

(d) Is not disqualified based on driving or criminal record as required in OAR 581-053-0050 Driving and Criminal Records;

(e) Submits an application for School Bus Driver’s Permit or Certificate signed by a local supervisor certifying:

(A) The employer will:

(i) Immediately notify ODE if the employer learns of any changes to the applicant’s driving and criminal records that could disqualify them from driving under OAR 581-053-0050;

(ii) Be in compliance with 49 CFR Part 382 FMCSA Controlled Substances and Alcohol Use and Testing; and

(iii) Ensure that the driver complies with all applicable OARs.

(B) The applicant:

(i) Demonstrates the knowledge and ability to perform the duties of a school bus driver;

(ii) Has completed a Core or Core Refresher Course for school bus drivers, taught by a Core or Core Refresher instructor within the last four years;

(iii) Is trained in first aid; and

(iv) Has completed training averaging at least eight hours annually, while certified as a school bus driver during the preceding four-year period. Training must meet the requirements in OAR 581-053-0225 Approved Training for School Bus Drivers and be received by ODE to qualify.

(v) Complies with 49 CFR Part 382 FMCSA Controlled Substances and Alcohol Use and Testing.

(f) Additional tests may be required by ODE if reasonable doubt of driver competency exists or as required by rule.

(5) ODE may approve a person who does not currently possess a valid School Bus Driver's Certificate or Permit as a temporary driver. If approved, a driver shall not drive more than 10 days as a temporary driver during the approval period. ODE shall only approve a temporary driver if the driver:

(a) Submits a Request for Approval of a Temporary Driver form, signed by a supervisor;

(b) Is judged competent by the local supervisor;

(c) Possesses a valid CDL with proper endorsements for the vehicle being driven;

(d) Possesses a valid medical certificate;

(e) Has passed a driving and criminal records check as required in OAR 581-053-0050 Driving and Criminal Records; and

(f) Meets all other requirements listed on the Request for Approval of a Temporary Driver form.

(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 OAR 581-053-0040, except:

(A) Certificates for applicants 55 years of age and older shall expire one year from the date of physical examination required in OAR 581-053-0040;

(B) Certificates for applicants who are diabetic shall expire one year from the date of the physical examination required in OAR 581-053-0040; and

(C) Certificates for applicants who have had a physical examination as required in OAR 581-053-0040 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.

(c) An approval of a temporary driver expires on July 1, following approval.

(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 ODE 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. A copy of the test shall be attached to the application form.

(8) A driver shall notify ODE, 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.

(9) A School Bus Driver’s Permit or Certificate shall be invalid anytime that:

(a) A transportation entity or contractor notifies ODE that the driver is no longer active;

(b) The driver is no longer trained in first aid (School Bus Certificate Only);

(c) The driver no longer meets the physical requirements outlined in OAR 581-053-0040; or

(d) The driver does not maintain or falsifies records required of a diabetic driver outlined in OAR 581-053-0040.

(10) A School Bus Driver’s Permit or Certificate shall be valid again if:

(a) The permit or certificate was invalid under subsection (9)(a) of this rule when a transportation entity or contractor notifies ODE that they are ensuring the driver’s compliance with these OARs.

(b) The certificate was invalid under subsection (9)(b) of this rule when the driver is trained in first aid.

(c) The permit or certificate was invalid under subsection (9)(c) of this rule when the driver meets the physical requirements outlined in OAR 581-053-0040.

(d) The permit or certificate was invalid under subsection (9)(d) of this rule when the driver is able to produce two weeks of medical records demonstrating compliance with the physical requirements for diabetic drivers outlined in 581-053-0040.

Stat. Auth.: ORS 327.013 & 820.100 - 820.120
Stats. Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120
Hist.: ODE 19-2012, f. & cert. ef. 6-14-12

581-053-0225

Approved Training for School Bus Drivers

(1) Training taught from material published by the Oregon Department of Education shall count towards a school bus driver’s average training hours when taught by a certified instructor within the scope of their certificate.

(2) Training taught from material not published by ODE shall count towards a school bus driver’s required training hours if:

(a) The transportation entity has an ODE approval letter on file; and

(b) The training was conducted in accordance with the letter and applicable OARs.

(3) ODE may approve training for inclusion in a school bus driver’s required training hours if the transportation entity:

(a) Submits a letter to ODE requesting approval of the training that includes a list of instructors who will teach the material. If the instructors are not certified through ODE, then the letter shall include background information and supporting documentation to establish the instructor as an expert in the field being taught; and

(b) A copy of the presentation material. This may include, but is not limited to, hand outs, outlines, and multimedia presentations.

(4) If ODE approves training that has been properly submitted as required by section (3) of this rule, then ODE shall issue a letter that indicates:

(a) The amount of time that will be accredited towards a school bus driver’s required training hours for attending the training;

(b) The class and unit that the training will be assigned for record keeping purposes;

(c) The instructor(s) that may teach the material; and

(d) The expiration date for the approval shall be four years after the approval date.

(5) Transportation entities may request a renewal of an expired approval letter or request that additional instructors be added to an approval letter by submitting:

(a) A letter certifying that the material being taught has not changed since the original approval letter was issued by ODE

(b) A list of instructors that will teach the material; and

(c) A copy of the original letter issued by ODE.

(d) Letters issued under this section will contain the same information as a letter issued in section (4) of this rule.

(6) Approval letters issued before July 1, 2012 that do not have an expiration date shall expire on July 1, 2013 or four years after the issue date of the letter, whichever is later.

Stat. Auth.: ORS 327.013 & 820.100 - 820.120
Stats. Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120
Hist.: ODE 19-2012, f. & cert. ef. 6-14-12

581-053-0230

Rules Pertaining to School Bus Drivers

(1) The driver shall report as soon as possible to the proper official any deficiency or malfunction of any equipment or component of the vehicle.

(2) The driver shall not transport students unless the vehicle is safe to operate.

(3) School bus drivers shall observe all local and state traffic laws and ordinances.

(4) Drivers shall enforce local school board and Oregon Department of Education rules governing pupils riding school buses.

(5) Drivers shall observe local school board and Oregon Department of Education rules pertaining to school bus drivers.

(6) After stopping at a railway crossing as required by law, the driver shall turn off any noise-producing device with the exception of two-way radio communication. The driver shall then open the bus entrance door and driver window, look and listen for an approaching train, then close the door before proceeding across the tracks.

(7) The driver shall assist in conducting student instruction and evacuation drills as directed by the transportation entity.

(8) Drivers shall report to their employer(s) within 15 days:

(a) Any conviction for driving or criminal offenses specified in OAR 581-053-0050.

(b) Any involvement in an accident.

(c) If their CDL is no longer valid.

(9) A school bus driver shall:

(a) Never drive backwards on the school grounds prior to looking behind the bus, sounding the horn, and placing a responsible person to guard the rear;

(b) Not leave the bus when pupils are in it until the motor is shut off, the brakes set, a manual transmission put in gear and the key removed from the ignition;

(c) Not disengage the clutch or have transmission in neutral to allow the bus to coast;

(d) Stop to load or unload pupils only at designated places;

(e) See that all doors on the bus are kept closed while the bus is in motion;

(f) Bring the bus to a complete stop before taking on or letting off pupils. Whenever possible the driver shall stop at a place where the road may be clearly seen for several hundred feet in either direction;

(g) Not permit anyone to hang on or hitch onto the outside of the bus;

(h) Not use a school bus for any purpose other than transporting pupils to and from schools or authorized school activities;

(i) Not permit anyone else to operate the bus or controls, except with the permission of transportation entity or contractor;

(j) Not permit animals on the bus except guide dogs and assistance animals from recognized programs that will be accepted when accompanying blind, deaf, or physically impaired persons as identified on an IEP. Guide/assistance animals or animals in training as defined in ORS 346.680 are also accepted when they comply with all the following:

(A) Are enrolled and identified in an assistance animal training program registered with and regulated by an appropriate county extension service or designated state agency;

(B) Have a comprehensive immunization record on file with the district;

(C) Are always clearly and distinctively identified as an assistance animal in training;

(D) Are accompanied by the trainer identified in district records;

(E) Continue to demonstrate their ability to ride safely with students, posing no hazards or distractions; and

(F) Comply with any additional requirements and safeguards specified by the transportation entity.

(k) Not permit firearms or other weapons to be carried in the bus;

(l) Not operate the bus with a trailer attached;

(m) Not fill the fuel tank while pupils are in the bus or while the motor is running;

(n) Not transport any person who is not a pupil, a teacher, or an official of the school while traveling the regular route, unless authorized to do so by a authorized school official. School officials may authorize other persons to ride in the school buses on special occasions having to do with school affairs;

(o) Make certain that all aisles and passageways are kept clear;

(p) Not permit signs of any kind to be attached to the bus, except those specifically permitted by law or regulation;

(q) Report to school officials immediately when buses are overloaded as described in OAR 581-053-0002 and ORS 820.180(1)(b);

(r) Stop the bus if any difficulty arises or if disorder prevails in the bus making it unsafe to continue and not proceed until the situation is remedied. Misconduct of pupils shall be reported to the proper official;

(s) Not use tobacco on the school bus and shall not permit passengers to use tobacco on the bus;

(t) Not be under the influence of any alcoholic beverage or any drug likely to affect the person's ability to operate the vehicle safely while on duty; shall not consume an alcoholic beverage, regardless of its alcoholic content or any drug likely to affect the person's ability to operate the vehicle safely while on duty or within eight hours before going on duty to operate a pupil transporting vehicle;

(u) Not allow pupils to leave the bus except at their designated stop without the authorization of school officials;

(v) Ensure students are seated before putting the bus in motion;

(w) Complete any training required by the Oregon Department of Education, transportation entity or contractor;

(x) Make written reports of accidents involving the pupil-transporting vehicle to the Oregon Department of Education. Reports shall be submitted within 72 hours of the accident. Drivers shall use forms provided by ODE.

(y) Make other reports as required by the transportation entity, the Oregon Department of Education and the Motor Vehicles Division:

(z) Use all securement straps and attachments for students with adaptive/assistive devices in a manner consistent with their design;

(aa) Not transport pupils seated on three-wheeled mobile seating devices.

(bb) Not use a cell phone, with or without a hands free device, while driving a school bus unless summoning medical or other emergency help if no other person in the vehicle is capable of summoning help.

(cc) Not eat or drink while driving the bus.

(dd) Not transport students in three wheeled devices.

(ee) Not transport compressed oxygen unless:

(A) The capacity is less than or equal to 22 cubic feet;

(B) The tank is certified and labeled as approved by the Department of Transportation;

(C) The tank valve and regulator are protected from breakage; and

(D) The tank is securely attached to avoid being a hazard for students and away from intense heat.

(ff) Not transport liquid oxygen unless:

(A) The capacity is less than or equal to 23 cubic feet;

(B) The tank is certified and labeled as approved by the Department of Transportation; and

(C) The tank is securely attached to avoid being a hazard for students and away from intense heat.

(10) Use of Bus Safety Lights:

(a) When pupils must cross the roadway to board, or after leaving the bus, the driver shall actuate the amber flashing warning lights 100 to 300 feet before the stop. The driver shall stop the bus in the right hand traffic lane. The red lights shall remain flashing until all pupils have safely crossed the roadway;

(b) When pupils need not cross the roadway to board, or after leaving the bus, the driver shall:

(A) When practicable, stop completely off the main traveled portion of the roadway. The driver shall not actuate the bus safety lights;

(B) Where it is not practicable to stop completely off the main traveled portion of the roadway the driver shall actuate the amber flashing warning lights 100 to 300 feet before the stop. The driver shall stop the bus in the right-hand traffic lane. The red lights shall remain flashing until pupils have safely boarded or left the bus.

Stat. Auth.: ORS 327.013 & 820.100 - 820.120
Stats. Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120
Hist.: ODE 19-2012, f. & cert. ef. 6-14-12

581-053-0240

Minimum Standards for School Buses

(1) Air Cleaner:

(a) The engine intake air cleaner shall be furnished and properly installed by the chassis manufacturer to meet engine specifications;

(b) All Type C and Type D buses equipped with diesel engines shall have an air cleaner restriction indicator properly installed by the chassis manufacturer to meet engine specifications.

(2) Air System: All buses equipped with air systems for brakes shall provide and identify an appropriate air port for plumbing in air powered accessories.

(3) Air-Operated Accessories: Air-operated accessories shall be plumbed into the vehicle's air supply system in compliance with all the following:

(a) Safeguarded by a check valve or equivalent device located between the air supply system and the accessory to prevent air loss due to accessory failure. This shall include the supply line for a designated accessory air tank;

(b) Connected to the air supply system in compliance with all applicable Federal Motor Vehicle Safety Standards;

(c) Connected in the manner prescribed by the vehicle manufacturer.

(4) Aisle:

(a) Minimum clearance of all aisles shall be 12 inches.

(b) Minimum clearance of aisles from wheelchair areas to an emergency door shall be at least 30 inches wide to permit passage of a wheelchair. Special service entrance doors are not considered emergency doors unless in compliance with all right side emergency door requirements.

(5) Axles: The front and rear axles and suspension systems shall have a gross axle weight rating at ground commensurate with the respective front and rear weight loads of the bus loaded to the rated passenger capacity.

(6) Back-up camera: A back-up camera may be installed. The camera housing shall not block any signage or lights that are required. The monitor for the back-up camera system shall not block the view of any window, gauges, or required indicator lights. The monitor shall only work when the transmission is in reverse.

(7) Body Construction:

(a) Construction shall be of prime commercial quality steel, or other metal, or other material with strength at least equivalent to all-steel as certified by bus body manufacturer;

(b) Construction shall provide a water-tight and reasonably dustproof unit;

(c) Must meet or exceed applicable federal motor vehicle safety standards for construction, effective December 2, 1993.

(8) Body Sizes:

(a) Body manufacturer shall determine the vehicle's maximum designed and equipped passenger capacity and post it on the vehicle with the GVWR and vehicle compliance information.

(b) For determining standard requirements on buses with power lifts and wheel chair tie down stations, the passenger and gross vehicle weight rating classification will be determined as if the vehicle were equipped with a standard seating arrangement.

(9) Brakes:

(a) Air brakes are required on all buses having a manufacturer's gross vehicle weight rating of 26,001 pounds or greater;

(b) Buses using air or vacuum in the operation of the brake system shall be equipped with warning signals, readily audible and visible to the driver, that will give a continuous warning when the air pressure available in the system for braking is 60 psi (pounds per square inch) or less or the vacuum in the system available for braking is 8 inches of mercury or less. An illuminated gauge shall be provided that will indicate to the driver, the air pressure in pounds per square inch available for the operation of the brake.

(A) Vacuum-assist brake systems shall have a reservoir used exclusively for brakes which shall be adequate to ensure loss in vacuum at full stroke application of not more than 30 percent with engine not running. Brake system on gas-powered chassis shall include suitable and convenient connections for the installation of separate vacuum reservoir;

(B) Any brake system dry reservoir shall be so safeguarded by a check valve or equivalent device that in the event of failure or leakage in its connection to the source of compressed air or vacuum, the stored dry air or vacuum shall not be depleted by the leakage or failure.

(c) Buses using a hydraulic assist-booster in the operation of brake system shall be equipped with a warning signal, readily audible and visible to the driver, which will provide continuous warning in the event of a loss of fluid pressure from primary source or loss of electric source powering the backup system;

(d) The brake lines and booster-assist lines shall be protected from excessive heat and vibrations and be so installed as to prevent chafing;

(e) All brake systems shall be designed to permit visual inspection of brake lining wear without removal of any chassis components except for inspection dust covers or wheels;

(f) Air brake systems shall be equipped with manual drain valves on all air tanks. A provision shall be made to operate manual drain valve(s) on first (wet) reservoir(s) from the side of the bus unless one of the following options is provided:

(A) Automatic moisture ejector on the first (wet) reservoir;

(B) An air dryer that has the drying ability to ensure an adequate margin of safety under normal and adverse operating conditions;

(C) Skirt-mounted controls for manual drain valve(s) shall not extend beyond the outer side of bus skirt panel.

(10) Bumper (Front):

(a) The bumper on Type A-2, B, C, and D buses shall be equivalent in strength and durability to pressed steel channel at least 3/16 inches thick and not less than 8 inches wide (high). It shall extend beyond the forward-most part of the body, grille, hood and fenders and shall extend to the outer edges of the fenders at the bumper’s top line.

(b) Type A-1 buses may be equipped with an OEM-supplied bumper.

(c) The bumper shall be of sufficient strength to permit pushing or being pushed by another vehicle with the same GVWR on a smooth surface with a five degree (8.7 percent) grade, without permanent distortion to the bumper, chassis, or body.

(d) The bumper shall be designed or reinforced so that it will not deform when the bus is lifted by a chain that is attached to both tow hooks when the bus is empty and positioned on a level, hard surface and both tow hooks share the load equally.

(e) Deer guards may be added to a front bumper to protect the front grill. Deer guards shall not be in any portion of the driver's forward view, including use of all mirrors.

(11) Bumper (Rear):

(a) Rear bumper for all body on chassis units shall be of pressed steel channel or equivalent material at least 3/16-inch thick and eight inches wide (high), and of sufficient strength to permit pushing by another vehicle without distortion;

(b) Bumper for all body on chassis units shall wrap around back corners of bus. It shall extend forward at least 12 inches, measured from rear-most point of body at floor line;

(c) Bumper shall be attached to chassis frame in such manner that it may be easily removed, shall be so braced as to develop full strength of bumper section from rear or side impact, and shall be so attached as to prevent the insertion of small fingers between the body and bumper;

(d) Bumper shall extend beyond rear-most part of body surface at least one inch, measured at floor line;

(e) An energy absorbing rear bumper may be used providing a self-restoring energy absorbing bumper system so attached as to prevent the hitching of rides and of sufficient strength to permit pushing by another vehicle without permanent distortion to the bumper, chassis, or body;

(f) The manufacturer of the energy absorbing system shall provide evidence from an approved test facility (capable of performing the above FMVSS tests) that their product conforms to the above.

(12) Certification:

(a) The vehicle shall be certified as a “School Bus” as required in the FMVSS certification requirements of 49 CFR part 567.

(b) Manufacturer will, upon request, certify to the Oregon Department of Education that their product meets minimum standards on items not covered by FMVSS certification requirements of 49 CFR part 567.

(13) Chains, Automatic: Automatic tire chains (traction) may be installed at drive wheels in conformance with manufacturer specifications and any applicable chassis manufacturer standards.

NOTE: Air-applied chain systems must comply with air-operated accessory requirement included in this rule.

(14) Child Safety Restraint Systems:

(a) Child safety restraint systems used for transporting infants, toddlers, or others requiring added support shall conform to specific strength and performance standards or dynamic test standards identified in 49 CFR 571.213 for protection of a child up to 50 pounds;

(b) Child safety restraint systems shall bear a label specifying compliance with all applicable Federal Motor Vehicle Safety Standards at the time of their manufacture;

(c) Child safety restraint systems shall be secured to the school bus seat as per the manufacturer’s instructions. If used, a child safety restraint anchorage system must meet 49 CFR 571.225 and a seat belt shall meet section 61 of this rule.

(15) Clutch:

(a) Clutch torque capacity shall be equal to or greater than, the engine torque output;

(b) A starter interlock shall be installed to prevent actuation of the starter if the clutch is not depressed on all buses manufactured after January 1, 1999.

(16) Color:

(a) Chassis and bumpers shall be black; Wheels may be painted either black or National School Bus Yellow. Type A-1, A-2, and B buses may have manufacturer standard color wheels.

(b) The school bus body shall be painted a uniform National School Bus Yellow. The body exterior paint trim, bumper, lamp hoods, and emergency door lettering shall be black. The engine hood may be painted low-luster yellow. The roof of the bus may be painted white. The white color may extend across the roof down to the drip rails or within 6 inches above the passenger windows on the sides of the bus except that front and rear caps shall remain National School Bus Yellow. Retroreflective material may be used as trim on rear bumper;

(17) Crossing Arm: A crossing arm may be mounted on the front of a school bus in accordance with the following specifications:

(a) Installed on the front bumper as close as practicable to the right (curb) side, opening left to right and providing an extension of the curbside of bus;

(b) Arm shall be located at least 18 inches but not more than 32 inches above ground level and in the closed position; arm shall not cover numbers on license plate;

(c) Installed in a manner to limit the outward deployment to 90 degrees from the front bumper;

(d) Arm shall extend 70 inches from the front bumper in its extended position;

(e) Arm shall be activated through the existing bus safety light system assuring the driver is required to take no additional action to either deploy or retract the arm. No outward movement of the arm may occur before red flashing sequence begins;

(f) Override switches are prohibited;

(g) Crossing arm must be safeguarded from damage due to pushing or pulling by hand through the use of a clutch-like device or equivalent, double spring hinges are not acceptable);

(h) The arm may be equipped with an amber flashing light that functions only when the arm is in the fully extended position;

(i) Entire unit shall have no sharp edges or other projections that could injure children or others due to casual contact;

(j) Unit shall provide secure mounting opportunities to prevent misalignment or failure due to extreme weather conditions;

(k) Shall be either air, vacuum, or electrically operated and in conformance to section (69)(g) of this rule;

(l) Crossing arm color shall be yellow or yellow and black;

(m) All components and connections shall be weatherproofed.

(18) Cup holders on vehicles manufactured after July 1, 2013 shall not be allowed. No additional cup holders shall be installed.

(19) 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 to reduce the amount of frost, fog and snow;

(b) The defrosting system shall conform to SAE performance standards J-381 and 382;

(c) The defroster and defogging system shall be capable of furnishing heated outside ambient air, except that part of the system furnishing additional air to the windshield, entrance door and step well may be of the recirculation air type;

(d) Auxiliary fans, if used, shall not be considered as a defrosting and defogging system:

(A) Auxiliary fans shall be mounted above the windshield, so as not to interfere with the driver's vision of the roadway, mirrors or students outside the bus;

(B) The fan blades shall be covered with a protective cage.

(20) Doors:

(a) Service door shall be under the driver’s control, designed to afford easy release and to provide a positive latching device on manual operating doors to prevent accidental opening. When hand lever is used, no part shall come together so as to shear or crush fingers. Manual door controls shall not require more than 25 pounds of force to operate at any point throughout the range of operation, as tested on a 10% grade, both up hill and downhill;

(b) Service door shall be located on right side of bus opposite driver and within direct view;

(c) Service door shall have minimum horizontal opening of 24 inches and minimum vertical opening of 68 inches;

(d) Service door shall be a split-type door and shall open outward;

(e) If service door is power operated, pressure shall be controlled by a regulator valve or switch and provision shall be made for opening the door manually in the event of driver disability or mechanical failure. Emergency release valve or switch for power operated doors shall be located in an accessible place, in plain view, as near the service door as practicable. Valve or switch shall be properly identified and "open" and "closed" position plainly marked;

(f) All service door windows shall be approved safety glass. Bottom of lower glass panel shall not be more than ten inches from top surface of bottom step. Top of upper glass panel shall not be more than six inches from top of door.

(g) Vertical closing edges on the service door shall be equipped with flexible material to protect children's fingers.

(h) There shall be no door to left of driver. (This shall not be interpreted to conflict with emergency doors or windows.) Type A-1 and A-2 and B buses may be equipped with chassis manufacturers' left side driver's door;

(i) All doors shall be equipped with an energy absorbing pad at the top edge of each door opening. Pad shall be at least 3 inches wide and 1 inch thick and extend the full width of the door opening.

(21) Drive Shaft: Drive shafts over 24 inches in length shall be protected by metal guard or guards around circumference of drive shaft to reduce the possibility of the shaft whipping through floor or dropping to ground if broken. Guards shall be mounted around front half of each drive shaft section.

(22) Electrical System:

(a) Battery(ies):

(A) Battery shall have a minimum cold cranking capacity rating equal to the cranking current required for 30-seconds at 0° Fahrenheit (-17.8c) and a minimum reserve capacity rating of 120-minutes at 25 amp. Higher capacities may be needed dependent upon optional equipment and local environmental conditions;

(B) The manufacturer shall securely attach the battery(ies) on a slide-out or swing-out tray in a closed, vented compartment in the body skirt so that the battery(ies) is accessible for convenient servicing from the outside. Battery compartment(s) door or cover shall be hinged at front or top and secured by adequate and conveniently operated latch or other type fastener. Type A-1 and A-2 buses may have battery(ies) mounted under the hood in an accessible location;

(C) Access to battery shall not be through body floor;

(D) Buses may be equipped with a battery shut-off switch. The switch shall be placed in a battery compartment or the engine compartment.

(b) Circuits: An appropriate identifying diagram (color and number coded) for electrical circuits shall be provided to the body manufacturer for distribution to the end user;

(c) Generator or Alternator:

(A) All buses with a GVWR of 14,500 pounds or less shall have a generator or alternator with a minimum rating of at least 130 amperes (in accordance with Society of Automotive Engineer rating) with minimum charging of 50 percent of maximum rated output at manufacturer's recommended engine idle speed (12 volt system), and shall be ventilated and voltage-controlled and, if necessary, current-controlled;

(B) All buses with a GVWR greater than 14,500 pounds shall have a generator or alternator with a minimum rating of at least 160 amperes (in accordance with Society of Automotive Engineer rating) with minimum charging of 50 percent of maximum rated output at manufacturer's recommended engine idle speed (12 volt system), and shall be ventilated and voltage-controlled and, if necessary, current-controlled;

(C) Generator or alternator may be direct/gear driven or belt driven. Belt driven generator or alternators shall be capable of handling the rated capacity of the generator or alternator with no detrimental effect on other belt driven components;

(d) Wiring, Chassis:

(A) General — all wiring shall conform to current applicable recommended practices of the Society of Automotive Engineers. All wiring shall use a standard color coding and each chassis shall be delivered with a wiring diagram that coincides with the wiring of the chassis;

(B) Chassis manufacturer shall install a readily accessible terminal strip or plug on the body side of the cowl, or at accessible location in engine compartment of vehicles designed without a cowl, which shall contain the following terminals for the body connections:

(i) Main 100 amp body circuit;

(ii) Tail lamps;

(iii) Right turn signal;

(iv) Left turn signal;

(v) Stop lamps;

(vi) Back up lamps;

(vii) Instrument panel lights (controlled by dimmer switch).

(e) Wiring, Body:

(A) All wiring shall conform to current standards of Society of Automotive Engineers;

(B) Circuits:

(i) Wiring shall be arranged in circuits, as required, with a circuit protection system. A system of color or number coding shall be used for all buses purchased after September 1, 1993 and an appropriate identifying diagram shall be provided the end user along with the wiring diagram provided by the chassis manufacturer. The following interconnecting circuits shall be color coded as noted:

(I) Left rear directional light — yellow;

(II) Right rear directional light — dark green;

(III) Stop lights — red;

(IV) Back-up lights — blue;

(V) Tail lights — brown;

(VI) Ground — white;

(VII) Ignition feed, primary feed — black;

(VIII) The color of cables shall correspond to SAE J1128.

(ii) Wiring shall be arranged in at least seven regular circuits, as follows:

(I) Head, tail, stop (brake) and instrument panel lamps;

(II) Clearance and step well lamps (step well lamp shall be activated when service door is opened);

(III) Dome lamp;

(IV) Ignition and emergency door signal;

(V) Turn signal lamps;

(VI) School Bus Safety Lights;

(VII) Heaters and defrosters.

(iii) Any of above combination circuits may be subdivided into additional independent circuits;

(iv) Whenever possible, all other electrical functions (such as sanders and electric-type windshield wipers) shall be provided with independent and properly protected circuits.

(C) The entire electrical system of the body shall be designed for the same voltage as the chassis on which the body is mounted;

(D) All wiring shall have an amperage capacity equal to or exceeding the designed load. All wiring splices are to be done at an accessible location and noted as splices on wiring schematic;

(E) Each body circuit shall be coded by number or letter on a diagram of easily readable size and be furnished with each bus body or affixed in an area convenient to the electrical accessory control panel;

(F) Body power wire is to be attached to special terminal on the chassis;

(G) All wires passing through metal openings shall be protected by a grommet;

(H) Wires not enclosed within body shall be fastened securely at intervals of not more than 18 inches. All joints shall be soldered or joined by equally effective connectors and shall be moisture and corrosion resistant.

(I) A 12-volt power port may be installed in the driver’s area;

(J) There shall be a non-momentary manual noise suppression switch installed in the control panel. The switch shall be clearly labeled and distinguishable from other switches. This switch shall be an on/off type that deactivates body equipment that produces noise, including the AM/FM/audio radio, heaters, air conditioners, fans and defrosters. The switch shall not deactivate safety systems such as windshield wipers or lighting systems.

(23) Emergency Equipment:

(a) Belt cutter: Each bus equipped with passenger seat belts or webbed restraining devices shall have a belt cutter mounted in the driver's compartment within reach of a driver sitting in the driver’s seat. Belt cutter shall be of a design offering protected cutting edges to prevent accidental or intentional injury to drivers or passengers;

(b) Emergency road reflectors:

(A) Each bus shall be equipped with at least three reflex reflective triangle vehicle warning devices that conform to 49 CFR 581.125;

(B) Reflectors must be in a container securely mounted with nut-and-bolt fasteners enhanced with large flat (fender) washers or held in place by a nut-and-bolt mounted metal bracket that also protects and secures the container lid. Both shall be located in an accessible location. Reflectors shall not be mounted in any engine compartment;

(c) Body fluid cleanup kit: Buses shall have a removable moisture proof and dust proof body fluid cleanup kit, mounted in an accessible place within the driver's compartment. Contents shall include at least the following items:

(A) Two pair rubber/latex gloves;

(B) Two four-ounce packages of stabilized chlorine absorbent deodorant (or equivalent) capable of stabilizing at least 1 liter/36 fl. oz. of body fluids;

(C) One spatula for pick up of congealed fluid;

(D) One plastic bag in which to place congealed fluid;

(E) One red plastic bag with tie, identified for infectious waste and as a bio-hazard;

(F) One two-ounce bottle of germicidal detergent to apply to a contaminated area;

(G) Four paper towels to wipe up contaminated area;

(H) One one-ounce antiseptic alcohol hand rinse (or equivalent);

(I) One placard of step by step use instructions;

(J) Germicidal detergents, stabilized chlorine absorbent deodorant, alcohol hand rinse, or their equivalents shall provide documentation of EPA approval regarding their microbiological efficacy for at least the following:

(i) Staphylococcus aureus;

(ii) Pseudomonas aeruginosa;

(iii) Salmonella choleraesuis;

(iv) Streptococcus species;

(v) Herpes simplex Type II;

(vi) HIV (Associated with AIDS);

(vii) Fungi (athlete's foot);

(viii) Poliovirus; and

(ix) Tuberculosis.

(K) Documentation of efficacy for Hepatitis B may be hospital or test studies. The certified effective shelf life of these products shall be a minimum of 12 months. Product expiration date shall be clearly displayed on all time-sensitive products.

(d) Fire extinguishers:

(A) Each bus shall be equipped with at least one pressurized, dry, chemical type fire extinguisher, mounted in a bracket, located in the driver's compartment, and readily accessible. A pressure gauge shall be mounted on the extinguisher so as to be readily read without removing the extinguisher from its mounted position;

(B) The fire extinguisher shall be of a type approved by the Underwriters Laboratories, Inc., with a rating of not less than 2 A-10 BC. The extinguisher shall have a minimum five pound capacity and equipped with a hose and nozzle;

(C) The operating mechanism shall be sealed with a type of seal that will not interfere with the use of the fire extinguisher;

(D) Extinguishers with plastic heads are not permitted.

(e) First aid kit:

(A) Each bus shall have a readily removable, moisture proof and dustproof first-aid kit container mounted in an accessible place within driver's compartment;

(B) The first aid kit contains a minimum of 24 units that shall include the following:

(i) One 1" adhesive compress — 16 per unit;

(ii) Two 2" bandage compress — 4 per unit;

(iii) Two 3" bandage compress — 2 per unit;

(iv) Two 4" bandage compress — 1 per unit;

(v) Two 3" x 3" plain gauze pads — 4 per unit;

(vi) Two 2" x 6 yards gauze roller bandage — 1 per unit;

(vii) Three 1/2 square yard gauze;

(viii) Three 24" x 72" gauze;

(ix) Four triangular bandages;

(x) One 1/2 x 5 yard adhesive tape - one per unit;

(xi) One round nose scissors and tweezers. Latex gloves - one pair; and

(xii) One micro-shield for mouth-to-mouth airway (to lay on top of other contents).

(C) Specific local requirements may be substituted in lieu of 2 units of 1/2 square yard gauze.

(f) Any piece of emergency equipment may be mounted in an enclosed compartment, provided the compartment is labeled in not less than 1 inch letters, identifying each piece of equipment contained therein. If emergency road reflectors are stored outside the driver’s compartment, the location of the triangles shall be displayed in a readily viewable location by the driver in minimum 1 inch letters.

(24) Emergency Exits:

(a) All emergency exits and doors shall comply with the design and performance requirements of 49 CFR 571.217, Bus Emergency Exits and Window Retention and Release applicable to that type of exit.

(b) In addition to the requirements of 49 CFR 571.217, all emergency exits and doors shall meet the additional requirements:

(A) Doors:

(i) Upper portion of emergency door shall be equipped with approved safety glazing, exposed area of not less than 400 square inches;

(ii) Lower portion of rear emergency door shall be equipped with approved safety glass and shall have an exposed area of not less than 350 square inches of approved safety glazing;

(iii) There shall be no steps leading to emergency door;

(iv) Clearance between outside emergency door handle and emergency door shall not exceed 1/4 inch when handle is in the closed position. Handle shall not provide a firm handhold for someone trying to “hitch” a ride. Handles shall be positioned to prevent snagging of clothing or pinching of fingers;

(v) Emergency door hinge shall not provide an opening for insertion of fingers when door is closed;

(vi) An adequately padded head bumper shall be placed on the interior directly above any emergency exit door opening. The pad shall extend the full width of the door opening and shall be at least three inches wide and one inch thick;

(vii) If emergency door is lockable, provision must be made to prevent the bus from starting while the door is locked. An audible warning which does not affect engine operation shall be provided to alert the driver should the door be locked while the bus is in operation; and

(viii) Emergency doors shall be labeled “Emergency Door” in minimum 2 inch letters that contrast with the background at the top of, or immediately above, the emergency door on both the inside and outside of the bus;

(B) Rear Push-Out Window:

(i) Rear push-out window shall be operable from inside or outside the bus;

(ii) Rear push-out window shall have a lifting assistance device that will aid in lifting and holding the rear emergency window open; and

(iii) If rear push-out window is lockable, provision must be made to prevent the bus from starting while the exit is locked. An audible warning which does not affect engine operation shall be provided to alert the driver should the exit be locked while the bus is in operation;

(C) Swing-Out Windows:

(i) Swing-out windows are windows along the side of the bus with a hinge that is opposite of the emergency release so that it “swings-out” when opened. Swing-out windows may be hinged along any edge of the window. If the hinge is installed vertically, it shall be installed on the forward side of the window;

(ii) Swing-out windows shall not be located above a stop arm;

(iii) Swing-out windows shall provide a minimum clear opening of 18” x 24”; and

(iv) Swing-out windows that are inoperable from the outside shall include the message “Operates From Inside Only” adjacent to the outside “Emergency Exit” labeling required under 49 CFR 571.217;

(D) Roof Hatches:

(i) Roof hatch shall be waterproof and provide a minimum clear opening of 16” x 16”;

(ii) When a release mechanism on the roof hatch is open and the vehicle’s ignition is in the “on” position, a continuous warning shall be audible at the drivers seating position; and

(iii) Roof hatch may also serve as a roof ventilator; however, this shall not be used in place of the required static vent.

(c) Each bus shall be equipped with:

(A) A rear emergency exit door and one roof hatch; or

(B) A left side emergency exit door, a rear emergency push out window, and one roof hatch.

(d) Buses equipped with a rear emergency exit door and roof hatch (as in paragraph (c)(A) of this section) require additional emergency exits based on the maximum design passenger capacity listed below:

(A) Buses designed or equipped with a maximum design passenger capacity of 1 to 22 shall also provide:

(i) 2 swing-out windows placed at approximately the midpoint of the passenger compartment; or

(ii) Side windows with a 12 inch vertical drop.

(B) Buses designed or equipped with a maximum design passenger capacity of 23 to 45 shall also provide:

(i) Left side emergency door; or

(ii) 2 swing-out windows at approximately the midpoint of the passenger compartment.

(C) Buses designed or equipped with a maximum design passenger capacity of 46 and above shall also provide one additional roof hatch and:

(i) Left side emergency door; or

(ii) 4 swing-out windows at approximately the midpoint of the passenger compartment, but not immediately adjacent to each other.

(e) Buses equipped with a left side door and rear push-out window (as in paragraph (c)(B) of this section) require additional emergency exits based on the maximum design passenger capacity listed below:

(A) Buses designed or equipped with a maximum design passenger capacity of 1 to 22 shall also provide:

(i) 2 swing-out windows placed at approximately the midpoint of the passenger compartment; or

(ii) Side windows with a 12 inch vertical drop.

(B) Buses designed or equipped with a maximum design passenger capacity of 23 to 45 shall also provide two swing out windows.

(C) Buses designed or equipped with a maximum design passenger capacity of 46 and above shall also provide one additional roof hatch and:

(i) Right side emergency door; or

(ii) Four swing-out windows.

(f) Any additional emergency exits necessary to comply with the “additional emergency exit area” requirements of 49 CFR 571.217 shall be made by the vehicle purchaser.

(g) Manufacturer shall identify all emergency exits used for calculations relating to this rule and 49 CFR 571.217 compliance and list the daylight (clear) opening for each exit.

(h) All emergency exits shall be marked on the exterior perimeter with one inch retroreflective yellow material that meets the retro reflectivity requirements of section (57) of this rule. The color of the retroreflective material may be white for a roof hatch on a white roof.

(25) Engine Compartment Fire Suppression System: Automatic fire extinguisher systems may be installed in the engine compartment on buses. System shall have a visible gauge easily read from the driver's seat and a manual activation switch clearly identified and located in the driver's compartment. The entire system must be UL (Underwriters Laboratories) approved and assure protection from passenger compartment. Extinguisher system manual activation switch/control shall be safeguarded from accidental activation by a pull-pin or equivalent device. The extinguisher, if mounted in the passenger compartment, shall not be readily removable for use elsewhere, but dedicated for the engine compartment.

(26) Exhaust System:

(a) Exhaust pipe, muffler, and tailpipe shall be outside bus body compartment and attached to chassis;

(b) Tailpipe shall be constructed of a corrosion-resistant tubing material at least equal in strength and durability to 16 gauge steel tubing;

(c) Tailpipe shall meet one of the following options:

(A) Tailpipe may exit in the rear of the bus provided it:

(i) Does not create a hand hold.

(ii) Does not create a step.

(iii) Exhaust is defused away from passenger compartment.

(B) Tailpipe may extend to, but not beyond the body limits on the left side of the bus forward or rearward of the rear tires outboard of chassis centerline as described in sub-section (c)(C) of this section. If the tailpipe terminates forward of the rear tires it shall terminate not more than 24 inches or less than 6 inches forward of rear tires. No tailpipe shall terminate beneath any emergency exit or fuel fill receptacle;

(C) Tailpipe shall not exit the right side of the vehicle.

(d) Exhaust system shall be properly insulated from fuel tank and connections by securely attached metal shield at any point where it is 12 inches or less from tank or tank connections;

(e) Muffler shall be constructed of corrosion-resistant material.

(27) Fenders, Front:

(a) Total spread of outer edges of front fenders, measured at fender line, shall exceed total spread of front tires when front wheels are in straight-ahead position;

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

(28) Floor:

(a) Floor in under seat area, including tops of wheel housing, driver's compartment and toe board, shall be covered with rubber floor covering or equivalent having minimum overall thickness of .125 inch:

(A) Floor covering in aisle shall be of aisle-type fire-resistant rubber or equivalent, wear-resistant and ribbed or equivalent non-slip material. Minimum overall thickness shall be .1875 inch measured from tops of ribs;

(B) Floor covering shall be permanently bonded to floor and shall not crack when subjected to sudden changes in temperature. Bonding or adhesive material shall be waterproof and shall be of type recommended by manufacturer of floor-covering material. All seams shall be sealed with waterproof sealer.

(b) Edge of floor at step well shall be treated as a step edge and shall be protected as required in section (67)(f)(C) of this rule;

(c) A vapor and liquid proof inspection plate provided for access to the fuel tank sending may be installed;

(d) A subfloor of 5-ply plywood, at least 5/8 inch nominal thickness or equivalent, shall be installed over the standard school bus floor. Plywood shall equal or exceed properties of exterior grade C-C plywood as specified in NIST PS 1. Floor shall be level from front to back and from side to side except for wheel housing, toe board and driver's seat platform areas;

(e) Plywood sub-floor may be replaced with an equivalent material provided it has equal or greater insulation R-value, sound abatement, deterioration-resistant, and moisture-resistant properties.

(29) Frame:

(a) Frame shall be of such design and strength characteristics as to correspond at least to standard practice, for trucks of same general load characteristics which are used for highway service;

(b) Any secondary manufacturer that modifies the original chassis frame shall guarantee the performance of workmanship and materials resulting from such modification;

(c) Any frame modification shall not be for the purpose of extending the wheelbase;

(d) Holes in top or bottom flanges of frame side rail shall not be permitted except as provided in original chassis frame. There shall be no welding to frame side rails except by chassis manufacturer;

(e) Frame lengths shall be established in accordance with the design criteria for the complete vehicle.

(30) Fuel System:

(a) The following fuels may be used:

(A) Diesel, including biodiesel blends,

(B) Gasoline, including ethanol blends,

(C) Liquefied Petroleum Gas (LPG),

(D) Compressed Natural Gas (CNG),

(E) Duel fuel systems using any combination of (A) through (D) above, provided that the system:

(i) Meets Environmental Protection Agency specifications;

(ii) Meets vehicle manufacture specifications; and

(iii) Has been approved by the Oregon Department of Education.

(F) Other fuels may be approved by the Oregon Department of Education upon request.

(b) Buses with a capacity of 57 or less shall be equipped with one or more fuel tanks that provide a combined liquid capacity of not less than 30 gallons.

(c) Buses with a capacity of 58 or more shall be equipped with one or more fuel tanks that provide a combined liquid capacity of not less than 60 gallons.

(d) The actual draw capacity of each fuel tank shall be a minimum of 83 percent of the tank capacity.

(e) No portion of the fuel system, which is located outside of the engine compartment, except the filler tube, shall extend above the top of the chassis frame rail. Fuel lines shall be mounted to obtain maximum possible protection from the chassis frame;

(f) Fuel filter with replaceable element shall be installed between fuel tank and engine;

(g) Tank(s) shall be mounted, filled and vented outside of body. The tank(s) location shall not permit fuel spillage to drip or drain on any portion of the exhaust system.

(h) Liquefied Petroleum Gas (LPG) systems shall comply with National Fire Protection Association (NFPA) 58, Liquefied Petroleum Gas Code.

(31) G.P.S. Navigation: A G.P.S. navigation unit may be installed. The unit shall not block any windows, gauges or indicator lights that are required. Portable units shall use an installed 12 volt power port.

(32) Governor:

(a) An electronic engine speed limiter shall be provided and set to limit engine speed, not to exceed the maximum revolutions per minute, as recommended by the engine manufacturer.

(b) When it is desired to limit road speed, a road-speed governor should be installed;

(33) Heaters:

(a) At least one heater of hot water type shall be required;

(b) If only one heater is used, it shall be of fresh-air or combination fresh-air and recirculation type;

(c) If more than one heater is used, additional heaters may be of recirculation air type;

(d) The heating system shall be capable of maintaining throughout the bus a temperature of not less than 50 degrees Fahrenheit at average minimum January temperature as established by the National Weather Service, for the area in which the vehicle is to be operated;

(e) All heaters shall bear a name plate which shall indicate the heater rating in accordance with SBMTC Standard No. 001, said plate to be affixed by the heater manufacturer which shall constitute certification that the heater performance is as shown on the plate;

(f) 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 hose shall conform to SAE J20c. Heater hoses on the interior of the bus shall be shielded to prevent scalding of the driver or passengers;

(g) Each hot water heater system installed by a body manufacturer shall include a shutoff valve installed in the pressure and return lines near the engine in an accessible location. There shall be a water flow regulating valve or airflow regulating door for the front heater installed for convenient operation by the driver while seated;

(h) Return heater lines on body company installed heaters shall be equipped with bleeder valves in an accessible location to allow for removal of heater line air;

(i) Auxiliary fuel-fired combustion heating systems may be installed, provided that:

(A) The auxiliary heating system shall be marked plainly with certification stating, “Meets FMCSA Bus Heater Requirements”

(B) The auxiliary heating system shall utilize the same type of fuel as specified for the vehicle engine;

(C) The auxiliary heating system may be direct, hot air-type or may be connected to the engine coolant system;

(D) When connected to the engine coolant system, the auxiliary heating system may be used to preheat the engine coolant or preheat and add supplementary heat to the heating system, or both;

(E) Auxiliary heating systems shall be installed pursuant to the manufacturer’s recommendations outside of the passenger compartment;

(F) Exhaust from auxiliary heating system shall not exit the right side of the bus;

(G) Installation of auxiliary heating system shall not compromise the requirements of Title 49 CFR Part 579.301 Fuel System Integrity.

(j) Portable heaters shall not be used.

(34) Horn: Bus shall be equipped with horn or horns of standard make, each horn capable of producing complex sound in bands of audio frequencies between approximately 250 and 2,000 cycles per second and tested per SAE Standard J-377.

(35) Identification:

(a) School buses shall bear the words "SCHOOL BUS" in black capital series letters at least eight inches high and of proportionate width on both front and rear of bus. Lettering shall be placed as high as possible without impairment of its visibility. The background shall be a maximum of 12 inches by 36 inches and shall be either:

(A) Retroreflective material that conforms to the retro reflectivity requirements of section (57); or

(B) Illuminated.

(b) A warning sign shall be installed on the rear of all school buses calling attention to the school bus stop law. It shall be located in the most attainable vertical center of the rear emergency door, between the upper and lower windows. Signs on rear engine transit type buses shall be vertically centered and horizontally adjacent to the left and right upper brake lights. Sign shall be either:

(A) A decal with white retroreflectorized letters that conform to the retroreflective requirements listed in section (57) of this rule mounted on a flat black background. The word message shall be centered horizontally and vertically on the decal. The decal shall have the lettering shown below:

UNLAWFUL TO PASS (3 inches in height)

WHEN (1 inches in height)

RED LIGHTS FLASH (3 inches in height)

or:

(B) An electronic sign that displays warning messages to motorists. The electronic sign:

(i) Shall be sealed weather tight construction approximately 23.5 X 8.75 X 1.5 in size.

(ii) Shall be connected to the school bus safety lights;

(iii) Shall alternately flash the word message “CAUTION” and the word message “STOPPING” when the amber school bus safety lights are active. The letters in the word messages shall be amber with a minimum height of three inches;

(iv) Shall alternately flash the word message “STOP” and the word message “DO NOT PASS” when the red school bus lights are active. The letters in the word messages shall be red with a minimum of three inches;

(v) May flash or display the word message “CAUTION” or the word message “CAUTION STOPPING” when the hazard lights are activated. The letters in the word message shall be amber with a minimum height of three inches;

(vi) May flash or display the word message “CAUTION” when the backup lights are activated. The letters in the word message shall be amber with a minimum height of three inches;

(vii) Shall have a minimum viewing angle of 15 degrees on each side of the perpendicular axis;

(viii) Flashing messages may be controlled by the hazard light and school bus safety light flashers;

(ix) Word and picture messages shall be clearly visible in direct sunlight from a distance of 500 ft along the axis of the vehicle; and

(x) L.E.D. lights, if used, shall be of sufficient quantity to result in a clear and legible message.

(C) An electronic sign that displays warning messages to motorists may be placed on the front of the bus provided that:

(i) There is an electronic sign on the back of the bus per section (B) above;

(ii) The sign shall only be wired to the amber and red bus safety lights; and

(iii) The sign shall be mounted below the windshield, vertically centered.

(c) The name of the school district, private school, or parochial school, and contractor name if applicable, shall be placed on the left and right sides of the bus. The name shall appear in the area directly below the side windows and the letters and figures in the name shall not be less than four inches nor more than seven inches in height and of proportionate width;

(d) School team name or contractor's insignia may be placed above the side windows on the front portion of the bus body. All such lettering must be approved by the Pupil Transportation Section of the Oregon Department of Education;

(e) One bus identification number at least four inches in height shall be placed on a flat vertical surface on each side and on the front and rear of the bus. At least one complete bus identification number shall be visible from any point 50 feet from the bus. Type A-1 and A-2 bus numbers may be three inches in height.

(f) Only signs and lettering approved by state law or by the regulations of the Department of Education shall appear on the inside or outside of a school bus.

(g) Optional identification and lettering may be added to the vehicle as outlined below:

(i) Bus identification number on top of the bus. Numbers shall be black and a minimum of 12 inches high;

(ii) The location of the battery(ies) identified by the word “BATTERY” or “BATTERIES” in black letters on the battery compartment door in 2 inch capital series letters;

(iii) Manufacture or dealer identification or logos. Placement must be approved by the Pupil Transportation Section of the Oregon Department of Education;

(iv) Identification of fuel type on or adjacent to the fuel filler opening in 2 inch black capital series letters;

(v) Symbols, letters, or numbers not to exceed 64 square inches of total display near the entrance door, displaying information for identification by the students of the bus or route served;

(vi) Buses designed and used for transporting children with special needs may display universal handicapped symbols located near service entrance door and at the rear of the vehicle below the window line. Such emblems shall be white on blue, shall not exceed 12 inches square in size, and may be reflectorized.

(36) Inside Height:

(a) Clear inside body height for type A-1 buses shall be a minimum of 62 inches measured at any point on the longitudinal center line from the front vertical bow to the rear vertical bow.

(b) Clear inside body height for all other buses shall be a minimum of 72 inches measured at any point on the longitudinal center line from front vertical bow to rear vertical bow.

(c) Height requirements do not apply to air conditioning units installed in the passenger compartment when installed to manufacture’s specifications.

(37) Instruments, Gauges, and Indicators:

(a) Bus shall be equipped with the following instruments and gauges. (Telltale warning lights in lieu of gauges are not acceptable except as noted):

(A) Speedometer;

(B) Odometer, which will give accrued mileage including tenths of miles;

(C) Voltmeter: A graduated charge and discharge ampmeter compatible with generating capacities is permitted in lieu of or in addition to a voltmeter;

(D) Oil-pressure gauge;

(E) Water temperature gauge;

(F) Fuel gauge;

(G) High beam headlight indicator light;

(H) Air pressure or vacuum gauge according to brake system used: Light indicator or gauge required on vehicle equipped with hydraulic-over hydraulic brake system;

(I) Turn signal indicator light;

(J) Tachometer on type B, C, or D buses. Tachometer is optional on Type A buses;

(K) Glow plug indicator light, where appropriate;

(L) Fog light indicator, if fog lights are installed;

(M) Bus safety light pilot lamps / monitors: Each bus shall be equipped with 2 illuminated pilot lamps, one amber and one red. The placement of these lamps shall be in accordance with other telltale light placement requirements in 49 CFR 571.101 Controls and Displays. Pilot lamps shall provide an unmistakable indication that the flasher system is operating and an unmistakable indication if any lamp is not operating or the system is not otherwise functioning normally.

(b) All instruments shall be easily accessible for maintenance and repair;

(c) Above instruments and gauges shall be mounted on instrument panel in such a manner that each is clearly visible to and lies within a 140 degree field of vision for a 95th percentile female anthropomorphic dummy while in normal seated position;

(d) Instrument panel shall have lamps of sufficient candlepower to illuminate all instruments and gauges and shift selector indicator for automatic transmission.

(e) All control and indicator lights shall be dimmable except telltale lights. Control and indicator lights may be controlled by one or two dimmer switches.

(38) Insulation:

(a) Ceiling and walls shall be insulated with proper material to deaden sound and to reduce vibration to a minimum.

(b) Thermal insulation that is fire-resistant, non-water absorbing, UL approved, with a minimum R-value of 5.5 shall be installed in the ceiling and walls;

(c) If floor insulation is desired it shall be installed in accordance with the floor section of this rule.

(39) Interior:

(a) Interior of bus shall be free of all projections, including but not limited to luggage/book racks or attendant hand holds, that can cause injury in the event of a collision or rollover.

(b) The ceilings and walls shall have an inner lining.

(c) If ceiling is constructed with lap joints, forward panel shall be lapped by rear panel and exposed edges shall be beaded, hemmed, flanged or otherwise treated to minimize sharp edges;

(d) Buses shall assure noise level taken at the ear of the occupant nearest to the primary vehicle noise source shall not exceed 85 DBA when tested according to the Noise Test Procedure.

(40) Lamps and Signals:

(a) All lamps, signals, and reflectors shall comply with the design and performance requirements of FMVSS No. 108, Lamps, reflective devices, and associated equipment; Oregon Revised Statutes, Chapter 816, Vehicle Equipment: Lights; and Oregon Administrative rules, Chapter 735, Division 108, Lighting Equipment applicable to that type of lamp, signal or reflector.

(b) The following lights shall be installed with any additional requirements listed:

(A) Back-up lamps: The bus shall be equipped with 2 white rear back-up lamps that have a minimum illuminated area of 12 square inches. If back up lamps are placed in the same horizontal line as the tail-stop lamps and turn signal lamps, they shall be to the inside.

(B) Back-up warning alarm: An automatic audible alarm shall be installed on the rear of the bus that complies with SAE 994 Back-Up Alarm Standard specifying a minimum of 97±4db(A).

(C) Bus Safety Lights:

(i) Shall have red and amber flashing lights installed in accordance with SAE Standard J887. Each amber light shall be located near each red signal lamp, at the same level, but closer to the vertical centerline of the bus.

(ii) The area around each lens of the bus safety lights shall be painted black, extending outward a minimum of 3 inches where practicable.

(iii) The front bus safety lights shall be visible either directly or indirectly from inside the bus.

(iv) A separate fuse or circuit breaker, adequate to prevent damage to the system in the event of a short circuit, shall be provided between the power source and flasher system.

(v) The system shall be wired so that the system is activated by a manually operated spring-loaded switch that is clearly labeled and distinguishable from other switches.

(vi) A circuit master switch, if installed, shall be part of the activation switch outlined in subparagraph (v) of this paragraph.

(vii) Buses equipped with power-controlled entrance doors may have an additional spring loaded switch that will activate the red school bus safety lights prior to opening the entrance door or keep the red bus safety lights on after closing the entrance door.

(viii) The flashing mechanism shall be capable of carrying the full current load of the signal system.

(ix) Each lamp shall have a minimum illumination area of 38 square inches, flash a minimum of 60 times per minute, and be clearly visible in direct sunlight from a distance of 500ft along the axis of the vehicle.

(x) The Bus Safety Light System shall operate as follows:

(I) The bus safety light activation switch shall activate the amber safety lights when the entrance door is closed or red safety lights when the entrance door is open;

(II) When amber safety lights are activated, they shall automatically deactivate and the red safety lights shall automatically activate when the entrance door is opened;

(III) Once active, the red safety lights shall automatically deactivate when the entrance door is closed;

(IV) No bus safety lights shall activate when the entrance door is opened without first pressing the bus safety light activation switch;

(V) The amber bus safety lights and red bus safety lights shall not flash at the same time.

(VI) There shall be a canceling switch that will deactivate the bus safety lights and activation sequence if they are accidentally activated or if the driver discovers there is no need to make a stop after activating the switch.

(D) Clearance lamps;

(E) Headlamps;

(F) Identification Lamps;

(G) Fog lamps may be installed:

(i) Fog lamps shall be mounted symmetrically around the front centerline of the bus, below the headlights not less than 12 inches, no more than 30 inches above the ground;

(ii) Fog lamps shall be wired to a separate switch and pilot light and shall only come on when the low beam head lights are on.

(H) Interior dome lamps: Interior lamps shall be provided which will adequately illuminate interior aisles. There shall be at least one interior lamp for every two rows of passenger seats. One or two rear dome lamp(s) shall be wired through a separate switch unless there are less than five rows of seats.

(I) Reflectors;

(J) Side Marker Lamps;

(K) Step well Lamp: A step well lamp shall be provided which will adequately illuminate the entire step well. The lamp circuit shall be wired through the headlamp or clearance lamp system and shall be activated only when the door is opened.

(L) Strobe Lamp: A white flashing strobe lamp may be installed on the longitudinal center of the roof on the rear third of the bus, but no closer than one foot from the rear of the bus.

(i) The lamp shall have a single clear lens emitting light 360 degrees around its vertical axis and may not extend above the roof more than 6-1/2 inches, or exceed maximum legal vehicle height.

(ii) The lamp shall have a separate switch and be wired through the vehicle hazard lamp system. A pilot lamp to indicate when the light is in operation is required.

(M) Tail lamps & Stop lamps: Buses shall be equipped with four combination red tail-stop lamps.

(i) Two combination lamps with a minimum 38 square inches of illuminated area shall be mounted immediately inside of, and in line with, the rear turn signal lamps.

(ii) Two combination lamps with a minimum 12 square inches of illuminated area shall be placed on the rear of the bus between the beltline and the floor line. The horizontal centerline of the lights shall be a maximum of 12 inches above the floor line.

(iii) Stop lamps shall be activated by the service brakes and shall emit a steady light when illuminated.

(N) Turn Signals:

(i) Front signals shall either:

(I) Have a minimum illuminated area of 38 square inches; or

(II) Be manufacturer’s standard front turn signals for Type A.

(ii) Rear signals shall have a minimum illuminated area of 38 square inches and be placed as wide apart as practical with the horizontal centerline a maximum of 12 inches below the rear window.

(iii) Side signals: A turn signal lamp with a minimum of 4 candlepower shall be mounted on each side of the bus at approximately seat level height, located to the rear of the entrance door on the right side, and to the rear of the stop arm on the left side. Side turn signals should be in approximately the same location on each side of the bus. Additional side turn signals may be installed if the horizontal centerline is the same for all side turn signals, and additional signals are in the same approximate location on each side of the bus.

(iv) All turn signal lamps shall be amber in color.

(v) All turn signal lamps shall be independent units and connected to turn signal switch and four-way hazard warning switch that will cause all turn signals to flash simultaneously.

(41) Metal Treatment:

(a) All metal used in construction of bus body shall be zinc- or aluminum-coated or treated by equivalent process before bus is constructed. Included are such items as structural members, inside and outside panels and floor sills; excluded are such items as door handles, grab handles, interior decorative parts and other interior plated parts;

(b) All metal parts that will be painted shall be (in addition to above requirements) chemically cleaned, etched, zinc-phosphate coated and zinc-chromate or epoxy primed or conditioned by equivalent process;

(c) In providing for these requirements, particular attention shall be given lapped surfaces, welded connections of structural members, cut edges, punched or drilled hole areas in sheet metal, closed or box sections, un-vented or un-drained areas and surfaces subjected to abrasion during vehicle operation;

(d) As evidence that above requirements have been met, samples of materials and sections used in construction of bus shall be subjected to a cyclic corrosion testing as outlined in SAE J1563.

(42) Mirrors:

(a) Exterior Mirror Systems:

(A) Bus shall be equipped with mirror systems complying with 49 CFR Part 571, FMVSS 111 as adopted by the National Highway Traffic Safety Administration for December 3, 1993 implementation, plus all applicable standards specified in this rule;

(B) Manufacturer shall certify compliance with mirror and direct/indirect visibility standards listed in the aforementioned FMVSS 111.

(b) Interior Mirror:

(A) Interior mirror shall be either laminated or tempered. Mirror shall be a minimum of 6" x 30". Mirror shall have rounded corners and protected edges;

(B) Type A buses shall be equipped with a mirror that is 6” x 16” or providing at least 96 square inches of flat mirror surface;

(C) Bus seller shall certify compliance with mirror and direct/indirect visibility standards listed in the aforementioned FMVSS 111 and provide a copy to used bus purchasers when certification is not available from manufacturer for all buses manufactured prior to January 1, 1994.

(43) Mounting:

(a) Chassis frame shall support rear body cross member. Bus body shall be attached to chassis frame at each main floor sill, except where chassis components interfere, in such a manner as to prevent shifting or separation of body from chassis under severe operating conditions;

(b) Body front shall be attached and sealed to chassis in such manner as to prevent entry of water, dust or fumes through joint between chassis cowl and body;

(c) When floor is provided by bus body manufacturer, adequate insulating padding shall be placed at all contact points between body and chassis frame. Insulating material shall be approximately 1/4-inch thick and shall be so attached as to prevent movement under severe operating conditions.

(44) Mud Flaps:

(a) Mud flaps or splash aprons are required for rear wheels on all school buses;

(b) Flaps shall be of heavy-duty rubberized material or equivalent and shall extend at least the full width of tires from a point above the center of the tires to a point not more than ten inches above the surface of the highway when such vehicle is empty.

(45) Oil Filter: Oil filter of replaceable element or cartridge type shall be provided and shall be connected by flexible oil lines if it is not built-in or engine mounted design. Oil filter shall have a capacity in accordance with the engine manufacturer’s recommendation.

(46) Openings: All openings in floorboard or firewall between chassis and passenger-carrying compartment, such as for gearshift lever and parking brake lever, shall be sealed. Access plates to cover openings shall have adequate gaskets and be fastened securely.

(47) Overall Length: Maximum length for school buses shall be limited to 45 feet.

(48) Overall Width: Overall width of bus shall not exceed 8.5 feet. The mirrors may exceed the maximum allowable width by a distance of not greater than five inches on each side of the vehicle.

(49) Overhang: Body shall be so mounted as to comply with requirements described in chassis weight distribution standard. Body length extending beyond the rear axle shall not exceed three-fourths the length of the vehicle's wheel base per Oregon Vehicle Code.

(50) Passenger Load:

(a) Actual gross vehicle weight (GVW) is the sum of the chassis wet weight, plus the body weight, plus the driver's weight, plus total seated pupil weight:

(A) For purposes of calculation, the driver's weight is 250 pounds;

(B) For purposes of calculation, the pupil weight is 120 pounds per pupil.

(b) Actual gross vehicle weight (GVW) shall not exceed the chassis manufacturer's gross vehicle weight rating (GVWR) or gross axle weight rating (GAWR) for the chassis;

(c) Manufacturer's gross vehicle weight rating and other chassis information shall be furnished by the manufacturer, the manufacturer's representative or seller to the Oregon Department of Education on forms furnished by the department.

(51) Power and Gradeability: Gross vehicle weight (GVW) shall not exceed 165 pounds per net published horsepower of the engine at the manufacturer's recommended maximum number of revolutions per minute.

(52) Power Lift: A power lift may be installed

(a) Vehicle lifts and installations shall comply with the public use lift requirements set forth in 49 CFR 571.403, Platform Lift Systems for Motor Vehicles, and 49 CFR 571.404, Platform Lift Installations in Motor Vehicles. This rule change applies to buses manufactured after December 27, 2004.

(b) Lifting mechanism shall be located on the right side of the bus and be capable of lifting a minimum load of 800 pounds;

(c) When the platform is in the fully upright position, it shall be locked in position mechanically by means other than a support, or lug in the door;

(d) Controls shall be provided that enable the operator to activate the lift mechanism from either inside or outside of the bus. There shall be a means of preventing the lift platform from falling while in operation due to a power failure. If equipped with a control switch flex cord, the cord shall be installed to minimize entanglement with lift mechanism;

(e) Power lifts shall be so equipped that they may be manually raised and lowered in the event of power failure of the power lift mechanism;

(f) Lift travel shall allow the lift platform to rest securely on the ground;

(g) All edges of the platform shall be designed to restrain wheelchair and operator's feet from being entangled during the raising and lowering process;

(h) Lift platform shall have a minimum usable area of 30 inches by 48 inches;

(i) Platform shall be fitted on both sides with full width barriers which extend above the floor line of the lift platform;

(j) A restraining device shall be affixed to the outer edge (curb end) of the platform that will prohibit the wheelchair from rolling off the platform when the lift is in any position other than fully extended to ground or desired platform level. Minimum height of device/barrier shall be four inches;

(k) A self-adjusting, skid resistant plate shall be installed on the outer edge of the platform to minimize the incline from the lift platform to the ground level. This plate, if so designed, may also suffice as the restraining device described in subsection (h) of this section. The lift platform must be skid resistant;

(l) A circuit breaker or fuse shall be installed between power source and lift motor if electrical power is used;

(m) The lift mechanism shall be equipped with adjustable limit switches or bypass valves to prevent excessive pressure from building in the hydraulic system when the platform reaches the full up position or full down position;

(n) Sharp corners or projections of the lift which are likely to cause injury to passengers in the event of a collision or rollover shall be padded with impact absorbing material;

(o) There shall be no exposed areas on lift mechanism or adjacent to lift that could cause injury to children while lift is in motion;

(p) Power unit for lift shall be located so as not to restrict or impair center aisle space or foot and leg room between seats;

(q) If body floor section serves as a portion of the lift platform, the adjacent under-floor areas on three sides shall be closed off with shields when platform is in the lowered position;

(r) Platform shall be confined within the perimeter of the school bus body when not extended, in no way attached to the exterior sides of the bus.

(53) Racks: The installation of any kind of exterior luggage rack outside the bus is prohibited. This does not prohibit enclosed luggage compartments.

(54) Radios and Public Address Systems:

(a) Buses shall be equipped with a public address system having interior and exterior speakers and a switch to separate inside and outside speaker systems.

(b) AM/FM/audio radio may be installed.

(c) Interior speakers mounted in the ceiling panels or side panels shall be either flush mounted or may protrude not more than 1-1/2 inches if the speaker housing is free of any corners or projections which can cause injury by striking with the head or in the event of a collision or rollover. Speakers protruding more than 1-1/2 inches may be mounted in the vertical end panels above the windshield or back windows as long as speakers are free of corners or projections that could cause injury;

(d) Speakers shall not be placed above any aisle or within four feet of the driver’s seat back in its rearmost upright position;

(55) Ramps: a ramp may be installed on Type A buses:

(a) Ramp shall utilize a special service entrance located on the right side of the bus that is not less than 30 inches in width;

(b) Ramp shall be of sufficient strength and rigidity to support wheelchair, occupant and attendant. It shall be equipped with protective flange on each longitudinal side to keep wheelchair on ramp;

(c) Floor of ramp shall be covered with nonskid material;

(d) Ramp shall be of weight, and equipped with handle(s), to permit one person to put ramp in place and return it to storage place;

(e) Provisions shall be made to secure ramp to side of bus for use without danger of detachment, and ramp shall be connected to bus at floor level in such manner as to permit easy access of wheels on wheelchair to floor of bus;

(f) Ramp shall be at least 80 inches in length, and width of the ramp shall be adequate to accommodate wheelchairs up to 30 inches wide. Ramp shall be of one piece, or two 40-inch sections hinged to allow for storage;

(g) Dustproof and waterproof enclosed container shall be provided.

(h) Ramp shall not be stored in the passenger compartment.

(56) Retarder System: Retarder system, if installed, shall maintain the speed of the fully loaded school bus at 19.0 MPH on a seven percent grade for 3.6 miles without incurring damage to the retarder or vehicle.

(57) Retroreflective Material and Placement:

(a) Red: when used or required, red retroreflective material shall meet or exceed ASDM D4956 standards for type V super high-intensity sheeting and have a coefficient of retro reflection equal to or greater than:

(A) 120 for an observation angle of 0.2 degrees and a light entrance angle of -4 degrees; and

(B) 72 for an observation angle of 0.2 degrees and a light entrance angle of +30 degrees; and

(C) 28 for an observation angle of 0.5 degrees and a light entrance angle of -4 degrees; and

(D) 13 for an observation angle of 0.5 degrees and a light entrance angle of +30 degrees;

(b) White: when used or required, white retroreflective material shall meet or exceed ASDM D4956 standards for type V super high-intensity sheeting and have a coefficient of retro reflection equal to or greater than:

(A) 700 for an observation angle of 0.2 degrees and a light entrance angle of -4 degrees; and

(B) 400 for an observation angle of 0.2 degrees and a light entrance angle of +30 degrees; and

(C) 160 for an observation angle of 0.5 degrees and a light entrance angle of -4 degrees; and

(D) 75 for an observation angle of 0.5 degrees and a light entrance angle of +30 degrees;

(E) Exception: white retroreflective material on the “unlawful to pass” sign shall meet or exceed ASDM D4956 standards for type I engineering grade sheeting and have a coefficient of retro reflection equal to or greater than:

(i) 70 for an observation angle of 0.2 degrees and a light entrance angle of -4 degrees; and

(ii) 30 for an observation angle of 0.2 degrees and a light entrance angle of +30 degrees; and

(iii) 30 for an observation angle of 0.5 degrees and a light entrance angle of -4 degrees; and

(iv) 15 for an observation angle of 0.5 degrees and a light entrance angle of +30 degrees;

(c) Yellow: when used or required, yellow retroreflective material shall meet or exceed ASDM D4956 standards for type V super high-intensity sheeting and have a coefficient of retro reflection equal to or greater than:

(A) 470 for an observation angle of 0.2 degrees and a light entrance angle of -4 degrees; and

(B) 270 for an observation angle of 0.2 degrees and a light entrance angle of +30 degrees; and

(C) 110 for an observation angle of 0.5 degrees and a light entrance angle of -4 degrees; and

(D) 51 for an observation angle of 0.5 degrees and a light entrance angle of +30 degrees;

(d) All retroreflective material shall maintain at least 50 percent of the coefficient of retro reflection for a minimum of six years.

(e) Bumpers may be marked diagonally 45 degrees down to centerline of pavement with two-inch wide strips of black retroreflective material.

(f) Rub Rails may have retroreflective black material.

(g) The rear of the bus body shall be marked with strips of retroreflective yellow material that is a minimum of 1 inch and a maximum of 2 inches to outline the perimeter of the back of the bus. The horizontal strips shall be placed above the rear windows, and immediately above the bumper. Both horizontal strips shall extend to each rear corner of the bus. The vertical strips shall connect the two horizontal strips.

(h) Each side of the bus shall be marked with yellow retroreflective material that extents for the entire length of the bus body and is either:

(A) A background for the name of the school district identification required in section (35)(c) of this rule that is not less than 6 inches and not more than 12 inches in width; or

(B) A two inch wide strip that is between the beltline and the floor line;

(i) Further retroreflective placement requirements can be found in: Emergency Exits (section 24 of this rule), Identification (section 35 of this rule), and Stop Arm (section 69 of this rule)

(58) Rub Rails:

(a) There shall be one rub rail on each side of bus at, or no more than 8 inches above, the seat cushion level which shall extend from rear side of entrance door completely around bus body (except for emergency door and access panel(s)) to point of curvature near outside cowl on left side;

(b) There shall be one rub rail located 10 inches or less above the floor line which shall cover same longitudinal area as upper rub rail, except at wheel housing, and shall extend only to longitudinal tangent of right and left rear corners;

(c) All rub rails shall be attached at each body post and all other upright structural members;

(d) All rub rails shall be four inches or more in width, shall be of 16-gauge steel, suitable material of equivalent strength, and shall be constructed in corrugated or ribbed fashion;

(e) All rub rails shall be applied to the outside body or outside body posts. Pressed-in or snap-on rub rails do not satisfy this requirement. For buses using rear luggage or engine compartment, rub rails need not extend around rear corners.

(f) The bottom edge of the body side skirts shall be stiffened by application of a rub rail, or the edge may be stiffened by providing a flange or other stiffeners.

(59) Sanders and other traction assisting devices:

(a) Sanders may be installed. When installed, sanders shall:

(A) Be of hopper cartridge-valve type;

(B) Have metal hopper with all interior surfaces treated to prevent condensation of moisture;

(C) Be of at least 100 pound (grit) capacity;

(D) Have cover on filler opening of hopper, which screws into place, sealing unit airtight;

(E) Have discharge tubes extending to front of each rear wheel under fender;

(F) Have no-clogging discharge tubes with slush-proof, nonfreezing rubber nozzles;

(G) Be operated by electric switch with telltale light mounted on instrument panel;

(H) Be exclusively driver-controlled.

(b) Automatic traction chains may be installed.

(60) Seat Belts:

(a) Driver’s seat belt: A Type 2 seat belt shall be provided for the driver, a driver's seat with an integrated Type 2 seat belt may be substituted. Each belt section shall be booted to keep belt and the button or buckle type latch off floor when not in use. Shoulder belt assemblies on Type B, C, and D buses shall provide for a height adjustment of at least four inches at its upper point of attachment to the bus. Belt shall be anchored or guided in a manner at the seat frame to prevent the driver from sliding sideways when belt is in use. Locking retractors may be either an ELR (Emergency Locking Retractor) or an ALR (Automatic Locking Retractor). All ALR equipped buses received after July 1, 1989, must include an approved anti-cinching device;

(b) Passenger seat belts:

(A) On buses manufactured prior to October 21, 2011 with a GVWR of more than 10,000 pounds, Type 1 seat belts or Type 2 seat belts may be installed. The attachments, belts and installation shall meet the requirements of:

(i) 49 CFR 571.208 Occupant Crash Protection, 49 CFR 571.209 Seat Belt Assemblies, and 49 CFR 571.210 Seat Belt Assembly Anchorages, as they apply to school buses with a GVWR of 10,000 pounds or less; or

(ii) The voluntary Type 1 or Type 2 installation requirements outlined in 49 CFR 571.222 School Bus Passenger Seating and Crash Protection that take effect on October 21, 2011.

(B) On buses manufactured on or after October 21, 2011 with a GVWR of more than 10,000 pounds, Type 2 seat belts may be installed. Standards for voluntary instillation of seat belts are outlined in 49 CFR 571.222 School Bus Passengers Seating and Crash Protection.

(C) On buses with a GVWR of 10,000 pounds or less, mandatory seat belt standards are outlined in 49 CFR 571.222 School Bus Passenger Seating and Crash Protection.

(61) Seats and Crash Barriers:

(a) Driver's seat shall be so located in relationship to the steering wheel that the driver may assume a natural position while driving, have a clear view of the road, and sufficient leg room to operate safely and effectively the brake and clutch pedals and accelerator without cramping or interference. Minimum distance between steering wheel and back rest of driver's seat shall be 11 inches. Driver's seat shall have a fore-and-aft adjustment of not less than four inches and shall on Type B, C, and D buses be capable of being raised and lowered at least three inches and shall be strongly attached to comply with acceptable installation procedures:

(A) For type B, C, and D buses, driver's seat shall be a high back (suspension) seat with a minimum seat back adjustment of 15 degrees, not requiring the use of tools, and with a head restraint to accommodate a 95th percentile female anthropomorphic dummy as defined in FMVSS 208. The driver's seat shall be secured with nuts, bolts, and washers or flanged-headed nuts. Type A buses may use manufacture’s standard driver’s seat.

(B) Driver's seat positioning and range of adjustment shall be designed to accommodate comfortable actuation of the foot control pedal by 95 percent of the adult female population.

(b) Passenger Seats: In addition to the requirements of 49 CFR 571.222 School Bus Passenger Seating and Crash Protection, all passenger seats have the following requirements:

(A) All seats shall have minimum depth of 15 inches;

(B) In determining seating capacity of bus, the minimum allowable rump width shall be 13 inches;

(C) Seat, seat back cushion and crash barrier shall be covered with a material having a minimum 42-ounce finished weight, 54-inch width and finished vinyl coating of 1.06 broken twill, or other material with equal tensile strength, tear strength, seam strength, adhesion strength, resistance to abrasion, resistance to cold, and flex separation. Material shall meet or exceed the criteria contained in the School Bus Seat Upholstery Fire Block Test. (see Appendix);

(D) All seats shall be forward facing and shall be securely fastened to that part(s) of bus that support them with a nut-and-bolt type of fastener. Each seat leg shall be secured to the floor by a minimum of two nut-and-bolt type fasteners of at least grade 5 SAE strength. Sheet metal screw-type fasteners without a nut are not acceptable, except in areas where it is not possible to install a nut-and-bolt type fastener. Seats may be track mounted;

(E) If flexible track mounted seating is installed, the manufacturer shall supply minimum and maximum seat spacing dimensions on a label permanently affixed to the bus to notify end user of seat installation requirements.

(F) No bus shall be equipped with jump seats or portable seats. Flip-up seats at side emergency exit doors are allowed;

(G) Seat spacing shall not be less than 24 inches between the front of the back of each seat and the rear of the back of the seat immediately ahead, measured at all points of the seat width. This shall be measured at cushion height on a plane parallel to the center line of the bus;

(62) Shock Absorbers: Bus shall be equipped with front and rear double-acting shock absorbers compatible with manufacturer's rated axle capacity at each wheel location.

(63) Side skirts shall be 2 inches above the horizontal line between the center of the front spindle to the center of the rear axle, or lower. Measurement shall apply to an unloaded school bus located on a flat, level surface.

(64) Special Service Entrance:

(a) Bus bodies may have a special service entrance constructed in the body to accommodate a power lift;

(b) The special service entrance shall be at any convenient point on the right of the bus and far enough to the rear to prevent the door(s) from obstructing the right front regular service door when open;

(c) The opening may extend below the floor through the bottom of the body skirt. If such an opening is used, reinforcements shall be installed at the front and rear of the floor opening to support the floor and give the same strength as other floor openings;

(d) Entrance shall be of sufficient width and depth to accommodate various mechanical lifts and related accessories as well as the lifting platform. The minimum clear opening width shall be adequate to accommodate the minimum platform defined in section (10) of this rule;

(e) Door posts and headers from entrance shall be reinforced sufficiently to provide support and strength equivalent to the areas of the side of the bus not used for service doors;

(f) A drip molding shall be installed above the opening to effectively divert water from entrance;

(g) A pad shall be placed at the top edge of the special service entrance that is at least three inches wide and one inch think and shall extend the full width of the door opening.

(h) A single door or double door may be used for special service entrance;

(i) A single door shall be hinged to the forward side of the entrance. If double doors are used, the system shall be designed to prevent the door(s) from being blown open by the aerodynamic forces created by the forward motion of the bus, and/or shall in corporate a safety mechanism to provides secondary protection should the primary latching mechanism(s) fail;

(j) All doors shall open outwardly;

(k) All doors shall be weather sealed;

(l) All doors shall have positive non-hitchable fastening devices to hold doors in the open position;

(m) All doors shall be weather sealed and on buses with double doors, they shall be so constructed that a flange on the forward door overlaps the edge of the rear door when closed;

(n) When manually operated dual doors are provided the rear door leaf shall have at least a one-point fastening device to the header. The forward mounted door shall have at least three-point fastening devices. One shall be to the header, one to the floor line of the body, and the other shall be into the rear door. These locking devices shall afford maximum safety when the doors are in the closed position. the door and hinge mechanism shall be of a strength that will provide for the same type of use as that of a standard entrance door;

(o) If optional power doors are installed the design shall permit manual release of the doors for opening and closing by the attendant from the platform inside the bus;

(p) Door materials, panels, and structural strength shall be equivalent to the conventional service and emergency doors. Color, rub rail extensions, lettering and other exterior features shall match adjacent sections of the body;

(q) Each door shall have windows set in a waterproof manner that are visually similar in size and location to adjacent non-door windows. Glazing shall be of the same type and tinting (if applicable) as standard fixed glass in other body locations;

(r) Door(s) shall be equipped with a device that will activate a green flashing signal located in the driver's compartment when door(s) is not securely closed and ignition is in "on" position;

(s) A switch shall be installed so that the lifting mechanism will not operate when the lift platform door(s) is closed;

(t) An interior light shall be placed to illuminate the area directly inside the special service door and be activated when the door is open. Circuit may be wired through step well light circuit.

(u) Buses equipped with special service entrance doors not currently in use for service to students with disabilities or power lift equipped, must assure that doors are in compliance with all requirements for right side emergency door, or all of the following:

(A) Be sealed and inoperable;

(B) Have no handles; and

(C) Have the words NOT AN EXIT placed in letters at least two inches high above the door on both the interior and exterior of the bus.

(65) Springs:

(a) Capacity of springs or suspension assemblies shall be commensurate with chassis manufacturer's gross vehicle weight rating;

(b) If rear springs are used they shall be of progressive type. Front leaf springs shall have a stationary eye at one end and shall be protected by a wrapped leaf in addition to the main leaf.

(66) Steering Gear:

(a) Steering gear shall be approved by manufacturer and designed to assure safe and accurate performance when vehicle is operated with maximum load and at maximum speed;

(b) Steering mechanism that allows for external adjustment to correct for lost motion shall provide an accessible adjustment location;

(c) No changes shall be made in steering apparatus which are not approved by manufacturer;

(d) There shall be clearance of at least two inches between steering wheel and cowl, instrument panel, windshield, or any other surface;

(e) Power steering of the integral type is required;

(f) The steering system shall be designed to provide for means for lubrication of all wear-points, if wear points are not permanently lubricated.

(67) Steps:

(a) Service door entrance may be equipped with two-step or three-step step well. Risers in each case shall be approximately equal and shall not exceed 10 inches in height. When plywood floor is used on steel, differential may be increased by thickness of plywood used:

(A) First step at service door for type A-1, A-2, B, and C buses shall be not less than 10 inches and not more than 14 inches from ground, based on standard chassis specifications;

(B) Type D buses shall be equipped with a three-step step well. First step at service door shall not be less than 12 inches and not more than 16 inches from the ground based on standard chassis specifications.

(b) Steps shall be enclosed to prevent accumulation of ice and snow;

(c) Steps shall not protrude beyond side body line;

(d) Steps (if any) on Type A-1 and A-2 buses not manufactured originally as school buses may be chassis manufacturer's standard;

(e) At least one grab handle not less than 20 inches in length shall be provided to assist passengers during entry or egress in unobstructed locations inside doorway. Grab handle shall be designed, installed and maintained to minimize the opportunity for entanglement of passenger clothing and belongings.

(f) Step Treads:

(A) All steps, including floor line platform area, shall be covered with 3/16-inch rubber floor covering or other materials equal in wear resistance and abrasion resistance to top grade rubber;

(B) The step covering shall be permanently bonded to a durable backing material that is resistant;

(C) 3/16-inch ribbed step tread shall have a 1-1/2-inch white or yellow nosing as integral piece without any joint;

(D) Rubber portion of step treads shall have the following characteristics:

(i) Special compounding for good abrasion resistance and high coefficient of friction;

(ii) Flexibility so that it can be bent around a 1/2-inch mandrel both at 130 degrees F and 20 degrees F without breaking, cracking or crazing;

(iii) Show a durometer hardness 85 to 95.

(68) Steps, Windshield Access: There shall be at least one folding step or recessed foothold and suitably located handles on each side of the front of the body for easy accessibility for cleaning the windshield and lamps except when windshield and lamps are easily accessible from the ground. Standard does not apply to chassis not originally manufactured as school buses.

(69) Stop Signal Arms: Buses shall be equipped with stop signal arms mounted in accordance with the following requirements:

(a) Shall be installed on the left side of the bus; the vertical center of the stop blade shall be at least seven inches but not more than 14 inches below the window line, on the first body post to the rear of the driver or as close as practicable;

(b) A wind guard shall be provided. All sheet metal parts shall be 16 gauge metal or heavier;

(c) All parts of the assembly that are not color specific in 49 CFR 571.131 School Pedestrian Safety Devices shall be painted black;

(d) Shall be equipped with two, four-inch, double faced alternating flashing red lamps to be mounted centered on the vertical centerline of the stop arm near the perimeter of the sign with a minimum of 12 inches spacing between lamp centers. Lamps shall be LED or strobe

(e) The stop arm and lamps shall be wired to the circuit of the flashing red warning lamps mounted on the front and rear of the bus and shall operate simultaneously with the red bus safety lamps. Override switch is prohibited;

(f) Shall be retroreflectorized on both sides meeting the Retroreflective Materials standard (57) of this rule.

(g) Shall be either air, vacuum, or electrically operated:

(A) Air operated stop arms:

(i) Air may be supplied from an air accessory tank or from the first (wet) tank;

(ii) If source is from the first (wet) tank a pressure protection valve shall be installed to prevent the tank air supply from falling below 60 pounds;

(iii) Stop arm system must have a pressure regulating valve;

(iv) All fittings shall be brass.

(B) Vacuum operated stop arms:

(i) Vacuum shall be supplied from a separate accessory tank. Tank shall be protected by a check valve;

(ii) All fittings shall be brass.

(70) Sun Visor: Interior adjustable sun visor, not less than 6 by 30 inches in size, shall be installed above windshield in position convenient for use by driver. If transparent visor is used, it shall be of such material so as not to prevent distinguishing between the colors of red and green traffic signals. Type A-1 and A-2 may be equipped with manufacturer's standard visor. Visor shall have protected edges.

(71) Throttle: The force required to operate the throttle shall not exceed 16 pounds throughout the full range of accelerator pedal travel.

(72) Tires and Rims:

(a) Tires and rims of proper size and tires with load rating commensurate with chassis manufacturer's gross vehicle weight rating shall be provided. The use of multi-piece rims and/or tube type tires shall not be permitted;

(b) All tires on new buses shall be of same size. Load range of tires shall meet or exceed the gross axle weight rating as required by 49 CFR 571.120 Tire Selection and Rims for Vehicles Other Than Passenger Cars, and as indicated on the manufactures data plaque;

(c) If bus is equipped with spare tire and rim assembly, it shall be of the same size and load range as those mounted on the vehicle;

(d) A spare tire, when carried, shall be suitably mounted in an accessible location outside passenger compartment. Type A-1, and A-2 buses may have spare tire securely mounted in the rear corner of passenger compartment;

(e) Recapped tires are prohibited on the front of the bus;

(f) Regrooved tires are not permitted on any bus;

(g) Minimum tread depth on tires shall be:

(A) Front axle — 4/32 inch;

(B) Rear axle — 2/32 inch.

(h) Tread depth shall be measured as follows: The minimum depth in any two adjacent major grooves at three locations spaced approximately equally around the outside of the tire but not on wear indicators.

(73) Tool Compartment: A metal container of adequate strength and capacity for storage of tire chains, tow chains and such tools as may be necessary, may be provided. Container may be located inside or outside of passenger compartment. If inside, it shall have a cover and positive type latch to prevent opening in event of a severe impact or bus rollover, and shall be attached to the floor with a nut and bolt fastener, or may be securely attached to a seat frame under a seat. If tool compartment is outside, it shall be lockable.

(74) Tow Hooks: Type C and D buses shall have two front and rear tow hooks that have sufficient strength to pull or be pulled by another vehicle of the same GVWR. Tow hooks shall be installed in order that no permanent distortion to the body or chassis will result if the bus must be towed.

(75) Transmission:

(a) Transmission shall have an input torque capacity greater than maximum net torque developed by engine.

(b) When automatic or semi-automatic transmission is used, it shall provide for not less than three forward and one reverse speed. The shift selector, if applicable, shall provide a detent between each gear position when shift selector is not steering column mounted. Type C and D buses shall be equipped with a transmission temperature gauge.

(c) When manual transmission is used, second gear and higher shall be synchronized. A minimum of three forward speeds and one reverse shall be provided.

(d) Automatic transmissions incorporating a parking pawl shall have a transmission shifter interlock controlled by the application of the service brake to prohibit accidental engagement of the transmission. All non-park pawl transmissions shall incorporate a park brake interlock that requires the service brake to be applied to allow release of the parking brake.

(76) Trash container: When used, the trash container shall be secured by a holding device that is designed to prevent movement and to allow easy removal and replacement. It shall be installed in an accessible location in the driver’s compartment, not obstruct passenger access to the entrance door and maintained to minimize the opportunity for entanglement of passenger clothing and belongings.

(77) Turning Radius:

(a) Chassis with a wheel base of 264 inches or less shall have a right and left turning radius of not more than 42 1/2 feet, curb to curb measurement;

(b) Chassis with a wheelbase of 265 inches or more shall have a right and left turning radius of not more than 44 1/2 feet, curb to curb measurement.

(78) Under carriage luggage compartments: Luggage compartments may be installed on the outside of the bus mounted below the floor level or in the rear of the bus. Access to compartments must be from the outside only. Compartment doors must have a positive retention to hold the doors open. Compartment doors must be lockable.

(79) Undercoating:

(a) The entire underside of the bus body, including floor sections, cross members and below floor-line side panels, shall be coated with rust-proofing material for which the material manufacturer has issued to the bus manufacturer a notarized certification that the materials meet or exceed all performance requirements of SAE J1959, Corrosion Preventive Compound, Underbody Vehicle Corrosion Protection;

(b) The undercoating material shall be applied to the material manufacturer’s specifications, including application method and recommended film thickness, and shall show no evidence of voids in the cured film.

(c) The undercoating material shall not cover any exhaust components of the chassis.

(80) Ventilation:

(a) Body shall be equipped with suitable, controlled ventilating system of sufficient capacity to maintain proper quantity of air under operating conditions without opening of windows except in extremely warm weather;

(b) Static-type non-closable exhaust ventilation shall be installed in low-pressure area of roof.

(81) Video surveillance cameras may be mounted inside or on either the forward or rear bulkhead, or to the ceiling in compliance with the following requirements:

(a) Surface mounted camera/camera housing/recording devices shall be mounted as far forward (if forward mounted) or as far rearward (if rear mounted) as possible and directly above the center of the windshield/rear window, and shall not:

(A) Extend into the passenger compartment more than 9 inches;

(B) Extend(s) down from the ceiling more than five inches;

(C) Be more than five inches wide;

(D) Interfere with the rear view mirror or sun visor.

(b) Recording devices or their housings shall not be mounted overhead in the passenger compartment;

(c) Video cameras/housings (not recorders) may be mounted overhead in the passenger compartment, provided they are over the seating area, but not over any part of the aisle, all edges must be rounded and/or protected with enclosure of shatterproof construction;

(d) Flush mounted cameras/housings may be mounted in any position in the front or rear bulkhead or ceiling provided that any modification to the body, in order to achieve flush mounting does not compromise the structural integrity of the body panels;

(e) All video related devices mounted to the interior bus body shall be securely fastened in a manner to prevent separation from the bus body in the event of collision or mishap;

(f) Recording devices/housings must allow ready access for camera and video recording medium removal without the use of tools;

(g) All electrical connections shall be made with UL approved wiring and terminals, and protected by grommets any place it passes through metal panels. Any electrical load added to the vehicles electrical system shall be protected with appropriate over current device (fuse).

(82) Weight Distribution:

(a) Weight distribution of fully loaded bus on level surface shall be such as to not exceed the manufacturer's front gross axle weight rating and rear gross axle weight rating;

(b) Weight distribution of fully loaded bus on level surface shall be such that no more than 75 percent of gross vehicle weight is on rear tires and no more than 35 percent is on front tires. Type B and D buses with engine inside front of body and entrance door ahead of front wheels shall have no more than 75 percent of gross vehicle weight on rear tires, no more than 50 percent on front tires. If entrance door is behind front wheels, no more than 75 percent of gross vehicle weight shall be on rear tires, no more than 40 percent on front tires. With engine in rear, no more than 75 percent of gross vehicle weight shall be on rear tires, no more than 40 percent on front tires.

(83) Wheelhousing:

(a) The wheelhousing opening shall allow for easy tire removal and service;

(b) Wheelhousing shall be attached to floor sheets in such a manner as to prevent any dust, water or fumes from entering the body. Wheelhousing shall be constructed of 16-gauge steel, or other material of equal strength;

(c) The inside height of the wheelhousing above the floor line shall not exceed 12 inches;

(d) The wheelhousing shall provide clearance for installation and use of tire chains on single and dual (if so equipped) power-driving wheels;

(e) No part of a raised wheelhousing shall extend into the emergency door opening.

(84) Wheelchair Tie Down and Occupant Restraint System (WTORS):

(a) A WTORS that meets 49 CFR 571.222 shall be provided for each fixed wheelchair location.

(b) A WTORS that meets 49 CFR 571.222 shall be provided for each flexible wheelchair location not occupied by a flexible track mounted school bus seat.

(c) The WTORS, including the anchorage track, floor plates, pockets or other anchorages, shall be provided by the same manufacturer or shall be certified to be compatible by the manufacturers of all equipment/systems used.

(d) Adjustable and accessible positive fastening devices shall be provided, attached to floor or walls or both, that will securely hold wheelchairs or other type of ambulatory mobility devices in the event the vehicle is overturned and to prevent the wheels from leaving the floor in case of a sudden movement. All floor-mounted attachment devices shall be affixed with nut and bolt fasteners, except in areas where it is not practicable.

(e) Wheelchairs or other devices designed solely for use by handicapped or convalescent passengers may be positioned in a direction other than forward-facing only at the specific direction of the student's IEP when forward-facing positions are available;

(f) No fastening device shall be attached to any door;

(85) Wind deflectors may be installed according to manufacturer's standards on the rear roof to deflect snow, dust and dirt from the rear window.

(86) Windshield and Windows:

(a) All glass in windshield, windows and doors shall be of approved safety glass so mounted that its identification mark is visible and of a quality to prevent distortion in any direction. All glazing materials shall be on the approved list of the Oregon Department of Motor Vehicles;

(b) Windshield shall be of safety plate glass AS-1 grade as specified by American National Standards Institute Safety Code Z26.1;

(c) Windshield glass may be heat absorbing and may have a horizontal gradient band starting slightly above the line of the operator's vision and gradually decreasing in light transmission to 20 percent or less at the top of the windshield in compliance with Federal Motor Vehicle Safety Standard 205;

(d) Glass in all side windows, doors and rear windows shall be AS-2 or better grade, as specified in ANSI Z26.1, or AS-4 coated abrasion resistant rigid plastic meeting requirements of Federal Motor Vehicle Safety Standard 205. Rigid plastic cannot be used for windshields or windows immediately to the left or right of the driver;

(e) Side windows shall conform to the following:

(A) Buses shall provide full drop or split sash windows which provide an unobstructed opening of at least 12 inches and not more than 14 inches in height, obtained by lowering the sash, and at least 22 inches in width. Type A-1 and A-2 buses may have a full drop or split sash windows which provide an unobstructed opening of at least 9 inches and not more than 13 inches in height, obtained by lowering the sash, and at least 22 inches in width, provided the bus has 2 swing-out windows. This requirement does not apply to emergency exit windows installed in compliance with subsection (22) of this rule

(B) One window on each side of the bus may be less than 22 inches in width. This window need not be split sash.

(C) Windows may be tinted.

(87) Windshield Washers: Bus shall be equipped with windshield washers.

Stat. Auth.: ORS 327.013 & 820.100 - 820.120
Stats. Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120
Hist.: ODE 19-2012, f. & cert. ef. 6-14-12

581-053-0250

Retrofit Standards for Oregon School Buses

In addition to meeting the minimum standards in effect at the time of purchase, all school buses in use by a pupil transportation entity shall meet the following additional requirements:

(1) Body Fluid Kits: All school buses shall have body fluid kits that meet the requirements in OAR 581-053-0240

(2) Emergency Door and Exit Labeling:

(a) All emergency doors shall have the designation “Emergency Door” in letters at least one inch high, of a color that contrasts with its background. The designation shall be located at the top of, or directly above, the emergency door on both the inside and outside surfaces of the bus;

(b) All emergency window exits (swing-out windows and rear push-out windows) shall have the designation “Emergency Exit” in letters at least one inch high, of a color that contrasts with its background. The designation shall be located at the top of, or directly above, or at the bottom of the emergency window exit on both the inside and outside surfaces of the bus.

(3) Fog Lights: Regardless of the age of the vehicle, if a front fog light system is installed after January 21, 1997, then the system shall meet the following requirements:

(a) Fog lamps shall be mounted symmetrically around the front centerline of the bus, below the headlights not less than 12 inches no more than 30 inches above the ground;

(b) Fog lamps shall be wired to a separate switch and shall only come on when the low beam head lights are on.

(c) A steady burning indicator light shall be wired so it comes on when the fog lamps are turned on and mounted in a location readily visible to the driver.

(d) Fog light systems installed on vehicles prior to January 21, 1997 are exempted from this regulation.

(4) Identification: The name of the school district, private school, or parochial school shall be placed on all school buses on both the left and right sides of the bus. The name shall appear in the area directly below the side windows and the letters and figures in the name shall not be less than four inches nor more than seven inches in height and of proportionate width.

(5) Stop Arm: All school buses shall have a stop arm that meets the requirements in OAR 581-053-0240 except that retroreflective material on the stop arm is not mandated on buses manufactured prior to October 21, 2011.

(6) Wheelchair Restraint Systems: All buses manufactured prior to September 3, 1993 that are equipped to transport students in a wheel chair shall be retrofitted to meet the following requirements:

(a) Each wheelchair location shall have not less than four wheelchair securement anchorages and shall be situated so that:

(A) The wheel chair is secured in a forward-facing position; and

(B) The wheelchair can be secured by wheelchair securement devices at two locations in the front and two locations in the rear.

(b) Each wheelchair location shall have:

(A) Not less than one anchorage for the upper end of the upper torso restraint; and

(B) Not less than two floor anchorages for wheelchair occupant pelvic and upper torso restraint.

(c) Wheelchair securement devices and an occupant restraint may share a common anchorage.

(d) All components must conform to 49 CFR 571.222 School Bus Passenger Seating and Crash Protection published in volume 58 of the Federal Register, September 3, 1993.

Stat. Auth.: ORS 327.013 & 820.100 - 820.120
Stats. Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120
Hist.: ODE 19-2012, f. & cert. ef. 6-14-12

Type 10 Activity Vehicles

581-053-0310

Administrative Requirements Pertaining to Type 10 School Activity Vehicles

(1) Type 10 vehicles may be used for transportation from home to school, school to home, and to and from authorized school activities.

(2) Each transportation entity that operates type 10 school activity vehicles shall implement written procedures to ensure compliance with applicable rules and laws.

(3) If type 10 school activity vehicles are used for home to school transportation, then the school board shall adopt and implement a written transportation policy as outlined in OAR 581-053-0210 (1) and ensure safety instruction is provided as required in OAR 581-053-0210 (2).

(4) Transportation entity shall notify ODE within 30 days if a type 10 driver, who is on an approved list, is no longer employed or performing the duties of a type 10 driver.

Stat. Auth.: ORS 327.013 & 820.100 - 820.120
Stats. Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120
Hist.: ODE 19-2012, f. & cert. ef. 6-14-12

581-053-0320

Type 10 Driver Training and Approval

Oregon Department of Education shall approve a type 10 driver who:

(1) Is at least 18 years of age;

(2) Possesses a valid driver license or commercial driver license;

(3) Is not disqualified based on driving or criminal record as required in OAR 581-053-0050;

(4) Receives emergency procedure and evacuation training, vehicle pretrip inspection training and all other training as determined necessary by the transportation entity;

(5) Submits an application for type 10 driver approval signed by a supervisor certifying:

(a) The employer will immediately notify ODE if the employer learns of any changes to the applicant’s driving and criminal records that could disqualify them from driving under OAR 581-053-0050 and ensure that the driver complies with all applicable OARs;

(b) The applicant will be trained in first aid within 120 days of ODE approval. The applicant shall remain trained in first aid to maintain approval with ODE.

(6) A type 10 driver may use a type 10 vehicle for a regular home to school route if:

(a) The applicant meets all minimum requirements for a type 10 driver listed in this rule;

(b) The applicant demonstrates the knowledge and ability to operate a type 10 vehicle safely and to perform related duties; and

(c) The applicant has passed a driving skills test and written knowledge test of laws and regulations if the applicant will be transporting students from home to school.

(7) ODE shall maintain a list of approved drivers for each school district. The approved driver list will be sent to each transportation entity twice a year, and shall be made available on request.

(8) Occasional/emergency use provision - A person who does not currently meet the driver requirements for a type 10 vehicle may be used on an occasional/emergency basis if such driver:

(a) Is judged competent by the local supervisor;

(b) Possesses a valid driver license or commercial driver license;

(c) Does not operate vehicles under this provision more than three days in any given fiscal year (July 1 to June 30); and

(d) Is not transporting students to and from school on regularly scheduled routes.

Stat. Auth.: ORS 327.013 & 820.100 - 820.120
Stats. Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120
Hist.: ODE 19-2012, f. & cert. ef. 6-14-12

581-053-0330

Rules Pertaining to Type 10 Drivers

(1) A type 10 driver shall:

(a) Receive specialized training designed for special education transportation prior to transporting students with disabilities.

(b) Submit written reports of accidents involving the type 10 vehicle to ODE.

(c) Report to his/her employer(s) within 15 days:

(A) Any conviction for driving or criminal offenses specified in OAR 581-053-0050;

(B) Any involvement in an accident; or

(C) If their driver license is no longer valid.

(d) Make other reports as required by the transportation entity, ODE, and DMV.

(e) Not operate a vehicle with more passengers than the manufacturer's rated capacity.

(f) Instruct passengers to use seat belts at all times the vehicle is in motion.

(g) Maintain order in the vehicle at all times.

(h) The inside of the vehicle shall be kept clean.

(i) See that all doors on the vehicle are kept closed while the vehicle is in motion.

(j) Not permit anyone else to operate the vehicle except with the permission of transportation entity supervisor.

(k) Make certain that all passageways are kept clear.

(l) Make sure all doors including emergency exits are unlocked during vehicle operation.

(m) Not use tobacco on the vehicle and shall not permit passengers to use tobacco on the vehicle.

(n) Not be under the influence of any alcoholic beverage or any drug likely to affect the person's ability to operate a vehicle safely while on duty.

(o) Not consume any alcoholic beverage regardless of its alcoholic content or any drug likely to affect a person's ability to operate a vehicle safely while operating or within eight hours before operating a type 10 vehicle.

(p) Not permit signs of any kind to be attached to the vehicle except those specifically permitted by law or regulation.

(q) Not permit animals in the vehicle except guide dogs and assistance animals from recognized programs that will be accepted when accompanying blind, deaf, or physically impaired persons. Guide/assistance animals or animals in training as defined in ORS 346.680 are also accepted.

(r) Not permit firearms, other weapons, or potentially hazardous materials in the vehicle.

(s) Secure any article in the passenger compartment likely to cause injury to a passenger in the event of an accident.

(t) Not fill the fuel tank while passengers are in the vehicle or while the motor is running.

(u) Not leave the vehicle when passengers are aboard until the motor is shut off, the brakes set, a manual transmission put in gear and the key removed from the ignition.

(v) Report as soon as possible to the proper official any deficiency or malfunction of any equipment or component of the vehicle.

(w) Not alter routes unless approved by transportation entity.

(x) Shall use all securement straps and attachments for students with adaptive/assistive devices in a manner consistent with their design.

(y) Not transport students unless the vehicle is safe to operate.

(z) Observe all local and state traffic laws and ordinances.

(aa) Complete any training required by ODE or local employer.

(bb) Not use a cell phone, with or without a hands free device, while driving a type 10 vehicle unless calling 911 to report an emergency situation.

(2) If the type 10 is used for home to school transportation, then the driver shall inspect the following prior to each trip, unless the inspection is performed by other designated employees:

(a) Windshield and wipers;

(b) All outside lights;

(c) Service door, emergency door and buzzer;

(d) Tires and wheel lug nuts;

(e) Battery, belts, oil, and coolant level;

(f) Horns;

(g) Brakes;

(h) Steering;

(i) Exhaust system;

(j) Emergency equipment; and

(k) See that lights, windshield and mirrors are clean.

Stat. Auth.: ORS 327.013 & 820.100 - 820.120
Stats. Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120
Hist.: ODE 19-2012, f. & cert. ef. 6-14-12

581-053-0340

Minimum Standards for Type 10 School Activity Vehicles

(1) Vehicle certification tag shall not indicate that the vehicle is a ‘Bus’.

(2) Vehicle construction shall be according to manufacturers' standard for all vehicles having a capacity of ten or fewer persons including the driver. Capacity shall be based on each vehicle's manufacturer-designated seating capacity;

(3) In addition to the manufacturers’ standard equipment, type 10 vehicles shall have all emergency equipment as listed for school buses in OAR 581-053-0240.

Stat. Auth.: ORS 327.013 & 820.100 - 820.120
Stats. Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120
Hist.: ODE 19-2012, f. & cert. ef. 6-14-12

Type 20 Activity Vehicles

581-053-0410

Transportation Entity Requirements for Type 20 School Activity Vehicle Operation

(1) Type 20 activity vehicles shall not be used for home to school transportation.

(2) Each transportation entity that operates type 20 activity vehicles shall implement written procedures to ensure compliance with applicable rules and laws.

(3) Transportation entity shall notify ODE within 30 days if a type 20 driver is no longer driving for the entity.

Stat. Auth.: ORS 327.013 & 820.100 - 820.120
Stats. Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120
Hist.: ODE 19-2012, f. & cert. ef. 6-14-12

581-053-0420

Type 20 Training and Certification

(1) No person shall transport pupils in a type 20 vehicle, unless such person has completed all requirements for a Type 20 Certificate and meets the standards established by the Oregon Department of Education for type 20 activity drivers.

(2) ODE shall issue an original Type 20 Certificate for an 11-14 passenger type 20 vehicle to applicants who:

(a) Are at least 18 years of age;

(b) Possess a driver license or CDL

(c) Has completed a minimum of two hours of approved behind-the-wheel training within one year prior to application by a behind-the-wheel trainer or assistant trainer certified by the ODE. Training shall include:

(A) Actual operation of the vehicle or vehicles the applicant will be expected to drive;

(B) Complete training for proper vehicle pre-trip inspection;

(C) A written test so the applicant can demonstrate knowledge of laws and regulations applicable to the vehicle being used;

(D) Complete emergency procedure and evacuation training;

(d) Pass a behind-the-wheel type 20 test, administered by a certified behind-the-wheel trainer;

(e) Is not disqualified based on driving or criminal record as required in OAR 581-053-0050;

(f) Submits an application for type 20 certificate signed by a supervisor certifying:

(A) The employer will immediately notify ODE if the employer learns of any changes to the applicant’s driving and criminal records that could disqualify them from driving under OAR 581-053-0050 and ensure that the driver complies with all applicable OARs;

(B) The applicant will be trained in first aid within 120 days of the issue date of the Type 20 Certificate and that the training shall be valid at all times while driving after the initial training; and

(C) The applicant meets all minimum requirements for a type 20 driver listed in this rule.

(3) ODE shall issue an original Type 20 Certificate for a 15-20 passenger type 20 vehicle to applicants who meet all of the requirements in section (2) of this rule, and who:

(a) Hold a CDL with a passenger endorsement;

(b) Have a valid medical certificate, received with the application; and

(c) Comply with FMCSA Controlled Substances and Alcohol Testing regulations at 49 CFR part 382.

(4) ODE shall renew a Type 20 Certificate for applicants who:

(a) Possesses or has possessed within the last 12 month period a valid Type 20 Certificate.

(b) Possess the proper licensing:

(A) A valid driver license or CDL for an 11-14 passenger type 20 vehicle; or

(B) A valid CDL with passenger endorsement for a 15-20 passenger type 20 vehicle, and:

(i) A valid medical certificate;

(ii) Complies with FMCSA Controlled Substances and Alcohol Testing regulations at 49 CFR part 382.

(5) Type 20 Certificates expire:

(a) Two years after the date issued by ODE for 11-14 passenger certificates.

(b) On the date of medical certificate expiration for 15-20 passenger certificates.

(6) Certificates shall be immediately invalid if:

(a) The driver fails to maintain first aid certification after the initial 120 day period; or

(b) The transportation entity notifies ODE that the driver is no longer employed with the entity or is no longer performing duties related to type 20 driving, and the entity is no longer ensuring the driver’s compliance with applicable OARs.

Stat. Auth.: ORS 327.013 & 820.100 - 820.120
Stats. Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120
Hist.: ODE 19-2012, f. & cert. ef. 6-14-12

581-053-0430

Rules Pertaining to Type 20 Drivers

A type 20 driver shall:

(1) Submit written reports of accidents involving the type 20 vehicle to ODE.

(2) Report to his/her employer(s) within 15 days:

(a) Any conviction for driving or criminal offenses specified in OAR 581-053-0050;

(b) Any involvement in an accident; or

(c) If their driver license is no longer valid.

(3) Receive specialized training designed for special education transportation prior to transporting students with disabilities.

(4) Not operate a vehicle with more passengers than the manufacturer’s designed or equipped capacity.

(5) Instruct passengers to use seat belts at all times the vehicle is in motion.

(6) Maintain order in the vehicle at all times.

(7) The inside of the vehicle shall be kept clean.

(8) See that all doors on the vehicle are kept closed while the vehicle is in motion.

(9) Not permit anyone else to operate the vehicle except with the permission of the transportation entity supervisor.

(10) Make certain that all aisles and passageways are kept clear.

(11) Make sure all rear doors and emergency exits are unlocked during vehicle operation.

(12) Not use tobacco in the vehicle or the vicinity and shall not permit passengers to use tobacco on the vehicle.

(13) Not be under the influence of any alcoholic beverage or any drug likely to affect the person's ability to operate a vehicle safely while on duty.

(14) Not consume any alcoholic beverage regardless of its alcoholic content or any drug likely to affect a person's ability to operate a vehicle safely while operating or within eight hours before operating a type 20 vehicle.

(15) Not permit signs of any kind to be attached to the vehicle except those specifically permitted by law or regulation;

(16) Not permit animals in the vehicle except guide dogs and assistance animals from recognized programs will be accepted when accompanying blind, deaf, or physically impaired persons. Guide/assistance animals in training as defined in ORS 346.680 are also accepted.

(17) Not permit firearms, other weapons, or potentially hazardous materials to be carried in the vehicle.

(18) Secure any article in the passenger compartment likely to cause injury to a passenger in the event of an accident.

(19) Not fill the fuel tank while passengers are in the vehicle or while the motor is running.

(20) Not leave the vehicle when passengers are aboard until the motor is shut off, the brakes set, a manual transmission put in gear and the key removed from the ignition.

(21) Report as soon as possible to the proper official any deficiency or malfunction or any equipment or component of the vehicle.

(22) Not transport students unless the vehicle is safe to operate.

(23) Shall inspect the following prior to each trip, unless the inspection is performed by other designated employees:

(a) Windshield and wipers;

(b) All outside lights;

(c) Service door, emergency door and buzzer;

(d) Tires, wheels and lug nuts;

(e) Battery, belts, oil and coolant level;

(f) Horns;

(g) Brakes;

(h) Steering;

(i) Exhaust system;

(j) Emergency equipment; and

(k) See that lights, windshield and mirrors are clean.

(24) Shall use all securement straps and attachments for students with adaptive/assistive devices in a manner consistent with their design.

(25) Observe all local and state traffic laws and ordinances.

(26) Complete any training required by ODE or local employer.

(27) Not use a cell phone, with or without a hands free device, while driving a type 20 vehicle unless summoning medical or other emergency help if no other person in the vehicle is capable of summoning help.

(28) Shall not tow a trailer with a gross vehicle weight rating of more then 3,000 lbs or longer than the type 20 vehicle.

Stat. Auth.: ORS 327.013 & 820.100 - 820.120
Stats. Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120
Hist.: ODE 19-2012, f. & cert. ef. 6-14-12

581-053-0440

Minimum Standards for Purpose Built Type 20 Vehicles or Type 20 Vehicles converted from School Bus

Type 20 school activity vehicles shall meet all minimum standards for a type A-1 school bus as listed in OAR 581-053-0240 and retrofit standards applicable to a type A-1 school bus as listed in OAR 581-053-0250, with the following modifications. Type 20 vehicles:

(1) Shall be certified as a school bus or multifunctional school activity bus, as required by the FMVSS.

(2) May be painted any color.

(3) Shall not have a crossing arm.

(4) Shall not display the words “School Bus”.

(5) Shall not display bus safety lights. If the vehicle has been converted from school bus use to activity vehicle use, the safety lights shall be inoperable.

(6) Shall not display a school bus stop arm. If the vehicle has been converted from school bus use to activity vehicle use, the school bus stop arm shall be removed.

(7) Does not require a public address system.

Stat. Auth.: ORS 327.013 & 820.100 - 820.120
Stats. Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120
Hist.: ODE 19-2012, f. & cert. ef. 6-14-12

581-053-0445

Use of a School Bus as a Type 20 Vehicle

(1) When a school bus is temporally used as a type 20 vehicle:

(a) The words “School Bus” shall not be displayed;

(b) The bus safety light shall be covered to prevent display after accidental activation;

(c) The school bus stop arm shall be covered to prevent display of both sides of the stop arm after accidental activation.

(2) Vehicles used for both school bus and school activity vehicle applications shall be inspected as a school bus for its annual inspection or for inspections conducted by ODE staff.

Stat. Auth.: ORS 327.013 & 820.100 - 820.120
Stats. Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120
Hist.: ODE 19-2012, f. & cert. ef. 6-14-12

Type 21 Activity Vehicles

581-053-0511

District Requirements for Type 21 School Activity Vehicle Operation

(1) Type 21 activity vehicles shall not be used for home to school transportation.

(2) Each transportation entity that operates type 21 activity vehicles shall implement written procedures to ensure compliance with applicable rules and laws.

(3) Transportation entity shall notify ODE within 30 days if a type 21 driver is no longer employed by the entity.

(4) Transportation entity shall ensure that all type 21 drivers are part of a random drug testing pool as required under 49 CFR 382, and that any driver who has been out of a random drug testing pool for longer than 30 days is given a pre-employment screen required under 49 CFR 382.

Stat. Auth.: ORS 327.013 & 820.100 - 820.120
Stats. Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120
Hist.: ODE 19-2012, f. & cert. ef. 6-14-12

581-053-0521

Type 21 Driver Training and Certification

(1) No person shall transport pupils in a type 21 activity vehicle unless such person has completed all requirements for a School Bus Permit or Certificate as outlined in OAR 581-053-0220, except that a restricted “Type 21 Only” School Bus Permit or Certificate will be issued to a person who does not have the proper CDL for, or does not test in, a school bus.

(2) A person may drive a type 21 activity vehicle as a temporary driver as listed in OAR 581-053-0220, except that a restricted “Type 21 Only” temporary driver may be approved.

Stat. Auth.: ORS 327.013 & 820.100 - 820.120
Stats. Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120
Hist.: ODE 19-2012, f. & cert. ef. 6-14-12

581-053-0531

Rules Pertaining to Type 21 Drivers

A type 21 driver shall:

(1) Submit written reports of accidents involving the type 21 vehicle to ODE.

(2) Report to his/her employer(s) within 15 days:

(a) Any conviction for driving or criminal offenses specified in OAR 581-053-0050;

(b) Any involvement in an accident; or

(c) If their driver license is no longer valid.

(3) Receive specialized training designed for special education transportation prior to transporting students with disabilities.

(4) Not operate a vehicle with more passengers than the manufacturers designed or equipped capacity.

(5) Instruct passengers to use seat belts, if equipped, at all times the vehicle is in motion.

(6) Maintain order in the vehicle at all times. The inside of the vehicle shall be kept clean.

(7) See that all doors on the vehicle are kept closed while the vehicle is in motion.

(8) Not permit anyone else to operate the vehicle except with the permission of transportation entity supervisor.

(9) Make certain that all aisles and passageways are kept clear.

(10) Make sure all rear doors (emergency exits) are unlocked during vehicle operation.

(11) Not use tobacco in the vehicle and shall not permit passengers to use tobacco in the vehicle.

(12) Not be under the influence of any alcoholic beverage or any drug likely to affect the person's ability to operate a vehicle safely while on duty.

(13) Not consume any alcoholic beverage regardless of its alcoholic content or any drug likely to affect a person's ability to operate a vehicle safely while operating or within eight hours before operating a type 21 vehicle.

(14) Not permit signs of any kind to be attached to the vehicle except those specifically permitted by law or regulation;

(15) Not permit animals in the vehicle except guide dogs and assistance animals from recognized programs will be accepted when accompanying blind, deaf, or physically impaired persons. Guide/assistance animals in training as defined in ORS 346.680 are also accepted.

(16) Not permit firearms, other weapons, or potentially hazardous materials to be carried in the vehicle.

(17) Secure any article in the passenger compartment likely to cause injury to a passenger in the event of an accident.

(18) Not fill the fuel tank while passengers are in the vehicle or while the motor is running.

(19) Not leave the vehicle when passengers are aboard until the motor is shut off, the brakes set, a manual transmission put in gear and the key removed from the ignition.

(20) Report as soon as possible to the proper official any deficiency or malfunction of any equipment or component of the vehicle.

(21) Not transport students unless the vehicle is safe to operate.

(22) Not alter routes unless approved by school authorities.

(23) Shall inspect the following prior to each trip, unless the inspection is performed by other designated employees:

(a) Windshield and wipers;

(b) All outside lights;

(c) Service door, emergency door and buzzer;

(d) Tires and wheel lug nuts;

(e) Battery, belts, oil and coolant level;

(f) Horns;

(g) Brakes;

(h) Steering;

(i) Exhaust system;

(j) Emergency equipment; and

(k) See that lights, windshield and mirrors are clean.

(24) Shall use all securement straps and attachments for students with adaptive/assistive devices in a manner consistent with their design.

(25) Observe all local and state traffic laws and ordinances.

(26) Complete any training required by ODE or local employer.

(27) Not use a cell phone, with or without a hands free device, while driving a type 21 vehicle unless summoning medical or other emergency help if no other person in the vehicle is capable of summoning help.

(28) Shall not tow a trailer.

Stat. Auth.: ORS 327.013 & 820.100 - 820.120
Stats. Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120
Hist.: ODE 19-2012, f. & cert. ef. 6-14-12

581-053-0540

Minimum Standards for Type 21 Vehicles

Type 21 school activity vehicles shall meet all minimum standards for a school bus as listed in OAR 581-053-0240 and retrofit standards applicable to school buses as listed in OAR 581-053-0250, with the following modifications. Type 21 vehicles:

(1) Shall be certified as a school bus or multifunctional school activity bus, as required by the FMVSS.

(2) May be painted any color.

(3) Shall not display the words “School Bus”.

(4) Shall not display bus safety lights.

(5) Shall not display a school bus stop arm.

(6) Does not require a public address system.

Stat. Auth.: ORS 820
Stats. Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120
Hist.: 1EB 26-1986, f. 7-17-86, ef. 10-1-86; ODE 19-2012, f. & cert. ef. 6-14-12

Special Pupil Activity Buses

581-053-0610

District Requirements for use of a Special Pupil Activity Bus

(1) A transportation entity may only use school buses, activity vehicles and Special Pupil Activity Buses (SPABs) to provide transportation for students for school activity trips. A transportation entity may only use a SPAB if the transportation entity and the SPAB meets the requirements of this rule.

(2) The transportation entity shall notify the parents or guardians of students if the transportation entity is using SPABs for pupil transportation.

(3) A chaperone is to be present on the SPAB any time students are present.

(4) Transportation entity shall ensure that owners and operators of SPABs meet the requirements stated in OAR 581-053-0615.

(a) Transportation entities may only use a carrier that has a valid ODE Certificate of Carrier Approval.

(b) Transportation entities may only use SPAB drivers that have been certified by the Oregon Department of Education.

(5) Transportation entities should encourage students to:

(a) Limit the amount of time that they are out of their seat during vehicle operation;

(b) Have a good grip on seat back or designated hand grips when students are out of their seat during vehicle operation; and

(c) Not walk or stand during stop and go traffic circumstances or while the SPAB is traveling roads with many twists and turns.

(6) Transportation entities shall keep a copy of the SPAB carrier’s:

(a) Current “Certificate of Carrier Approval” issued by the Oregon Department of Education.

(b) List of qualified SPAB drivers.

(c) Districts shall document and keep evidence of required safety instructions for 2 years.

(7) Transportation entities shall report to the Oregon Department of Education SPAB carriers or their drivers that have been observed by patrons, staff, parents or students engaging in any of the following:

(a) Violating speed laws;

(b) Unsafe vehicle operation;

(c) Unsafe or poorly maintained SPAB;

(d) Inappropriate behavior, contact or language;

(e) Students left or stranded because the carrier failed to perform duties of the contract; or

(f) Supplies an unqualified SPAB driver.

Stat. Auth.: ORS 327.013 & 820.100 - 820.120
Stats. Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120
Hist.: ODE 19-2012, f. & cert. ef. 6-14-12

581-053-0615

Special Pupil Activity Bus (SPAB) Motor Carrier Requirements

(1) Providers of SPAB services to Oregon Transportation Entities must receive a Certificate of Carrier Approval from ODE.

(2) ODE shall issue a Certificate of Carrier Approval to a provider of SPAB services if the provider submits:

(a) A complete ODE Certificate of Carrier Approval application form;

(b) A copy of insurance information obtained through Federal Motor Carrier Safety Administration (FMCSA’s) SAFER site;

(c) Documentation of a safety rating of:

(A) “Satisfactory” from the USDOT within the last 3 years; or

(B) “1, 2, or 3” from Pupil Transportation Safety Program (PTSP); or

(C) “1, 2, or 3” from Department of Defense (DOD); or

(D) Current copies of:

(i) A level 1 or 5 safety inspection report with the number of Commercial Vehicle Safety Alliance (CVSA) decal for each SPAB; and

(ii) Documentation that the provider has implemented an alcohol and controlled substance testing program in compliance with 49 CFR parts 40 and 382; and that all drivers seeking SBAP certification are enrolled in a random testing program for alcohol and controlled substance meeting all applicable requirements; and

(iii) Driver logs as requested by ODE during the past 6 months; and

(iv) List of SPABs by license plate number that will be used for student activities.

(3) Certificate of Carrier Approval shall expire one year after date of issuance.

(4) ODE may inspect records of vehicles and drivers at the carrier’s facility. Failure to allow ODE to inspect records may result in revocation of the “Certificate of Carrier Approval”.

(5) SPAB Carriers may only subcontract with carriers that possess a valid Certificate of Carrier Approval to provide SPAB services.

(6) A SPAB shall not be used for home to school transportation services.

(7) ODE shall revoke a “Certificate of Carrier Approval” for failure to maintain or meet requirements of this rule.

(8) The provisions of this rule apply to SPAB carriers providing services to Oregon schools and students.

Stat. Auth.: ORS 327.013 & 820.100 - 820.120
Stats. Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120
Hist.: ODE 19-2012, f. & cert. ef. 6-14-12

581-053-0620

SPAB Driver Training and Certification

(1) A person may not transport pupils in a SPAB unless the person has completed all requirements for a SPAB Certificate and meets the standards established by ODE for issuance of certificates or holds a valid School Bus Certificate or Permit.

(a) ODE may issue a SPAB certificate to qualified individuals who have filed with ODE an application for SPAB certification, signed by an official designated by the motor carrier certifying that the driver:

(A) Has demonstrated the knowledge and ability to perform the duties of a SPAB driver; and

(B) To the best of the local employer’s knowledge, has not been convicted of any driving or criminal offense listed in OAR 581-053-0050 Driving and Criminal Records which could prevent certification.

(b) Applicants shall:

(A) Possess a valid CDL with the proper endorsements for the vehicle being driven.;

(B) Possess a valid medical certificate; and

(C) Pass a check of driving and criminal records as required in OAR 581-053-0050 Driving and Criminal Records.

(c) SPAB certificates shall expire when the medical certificate expires.

(d) Drivers shall strictly adhere to all alcohol and controlled substance use and testing requirements of the US Department of Transportation (USDOT) and the Federal Motor Carrier Safety Administration (FMCSA) contained in 49 CFR parts 40 and 382.

(e) In cases of serious illness, injury, or change in physical or mental condition which may impair ability to fulfill the duties and responsibilities of a SPAB driver re-examination and medical approval are required prior to resumption of driving.

(2) Transportation entities and Carriers shall inform ODE if the driver no longer meets the qualifications of this rule.

Stat. Auth.: ORS 327.013 & 820.100 - 820.120
Stats. Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120
Hist.: ODE 19-2012, f. & cert. ef. 6-14-12

581-053-0630

Rules Pertaining to SPAB Drivers

(1) Safety Instructions:

(a) Prior to departure the driver shall instruct passengers on the operation and location of all emergency exits;

(b) Driver shall instruct students to:

(A) Keep hand and head inside the vehicle at all times;

(B) Keep aisle clear;

(C) Use caution when opening the overhead compartments;

(D) Use seat belts if equipped; and

(E) Keep emergency exits clear.

(2) Driver’s shall:

(a) Notify ODE within 30 days of a change of name, address or employer. A duplicate certificate will be issued if necessary; and

(b) Not use a cellular telephone, with or without a hands free device, while driving a SPAB vehicle unless summoning medical or other emergency help if no other person in the vehicle is capable of summoning help.

Stat. Auth.: ORS 327.013 & 820.100 - 820.120
Stats. Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120
Hist.: ODE 19-2012, f. & cert. ef. 6-14-12

581-053-0640

Minimum Standards for Special Pupil Activity Buses

(1) SPAB equipment requirements:

(a) Emergency exits shall be labeled with instructions to meet FMVSS 217.

(b) Shall have roof hatches that meet FMVSS 217.

(c) Shall have reflective “conspicuity marking” on the rear that meets or exceeds the coefficient of retro reflectivity of ASTM D 4956 for Type 1 Engineering Grade standards.

(d) Rear wheel wells shall not be composed of exposed flammable material or rear wheel wells shall have pressure and temperature sending units mounted inside rear wheel rims that will activate an alarm in the drivers compartment when either pressure or temperature are outside normal ranges.

(2) Emergency Equipment:

(a) Emergency road reflectors:

(A) Each SPAB shall be equipped with at least three DOT triangle reflectorized disabled vehicle warning devices;

(B) Reflectors must be in a container securely mounted with nut-and-bolt fasteners enhanced with large flat (fender) washers or held in place by a nut-and-bolt mounted metal bracket that also protects and secures the container lid or in a location provided by the Original Equipment Manufacturer (OEM) which securely holds the container. Both must be located in an accessible location. Reflectors must not be mounted in any engine compartment;

(C) If not mounted in plain view of the driver, the location must be clearly designated.

(b) Fire extinguishers:

(A) Each SPAB shall be equipped with at least one pressurized, dry, chemical type fire extinguisher, mounted in a bracket. A pressure gauge shall be mounted on each extinguisher so as to be readily read without removing the extinguisher from its mounted position. A SPAB must have either:

(i) One or more fire extinguishers of a type approved by the Underwriters Laboratories, Inc., with a rating of 5 BC or more; or

(ii) Two or more fire extinguishers, each of which has Underwriters Laboratories, Inc., rating of 4 BC or more.

(B) Extinguishers with plastic heads are not permitted.

(c) A first aid kit.

(3) Maintenance and inspections:

(a) SPABs must be maintained in safe operating condition and must meet or exceed the minimum standards in effect at the time of purchase for the type of vehicle, plus any subsequent rules applicable to the vehicle.

(b) Vehicle maintenance records must be kept for each vehicle used to transport students. These records shall be available to ODE upon request. Records shall be kept for every service, adjustment or repair of the following items and shall include date and mileage:

(A) Chassis lubrication;

(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.

(c) SPAB carriers shall have all vehicles used in transporting pupils inspected annually, and certify to ODE that all deficiencies have been corrected before the SPAB is used to transport students. Copies of the Annual Vehicle Inspection Report must be sent to ODE.

(d) ODE personnel may conduct an inspection of a SPAB at any time or upon request of the motorcoach carrier. ODE may investigate accidents and examine SPABs involved in accidents as the Department considers necessary.

(e) Upon inspection of a SPAB by ODE personnel, motor coach carrier shall be notified in writing of deficiencies. Such deficiencies must be corrected by the motorcoach carrier before the SPAB is dispatched.

(f) The motor coach carrier must notify ODE in writing that the deficiency is corrected before transporting students in a SPAB that has been declared unsafe in subsection (e) of this section.

Stat. Auth.: ORS 327.013 & 820.100 - 820.120
Stats. Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120
Hist.: ODE 19-2012, f. & cert. ef. 6-14-12

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