[PART IX. PUPIL TRANSPORTATION]

 

§286-181  Pupil transportation safety. (a)  As used in this section "school vehicle" means any publicly orprivately owned motor vehicle used to transport pupils to and from a school, asdefined in section 302A-901, school functions, or school-related events,except:

(1)  A motor vehicle used for the transportation ofpupils attending schools above the twelfth grade or pupils over eighteen yearsof age;

(2)  A privately-owned passenger vehicle when thetransportation is provided without compensation of any kind;

(3)  A motor vehicle used for the transportation ofpupils together with other passengers as a part of the regularly scheduledoperation of a mass transit system; or

(4)  A privately-owned motor vehicle when the transportationis provided by a community association or a nonprofit corporation, dulyincorporated with the department of commerce and consumer affairs, whichoperates for the purpose of promoting recreation, health, safety, ridesharing,or social group functions.

(b)  The department of transportation shallgrant exemptions for the use of vehicles other than school vehicles when thedepartment finds that compliance with this section is:

(1)  Impractical due to the unavailability of schoolvehicles; or

(2)  Impractical due to economic factors.

No exemption shall be granted for the qualificationsof individuals driving a bus as defined in section 286-2 and such individualsshall meet school vehicle driver qualifications.

(c)  The exemptions in subsection (b) shall begranted:

(1)  To the department of education to administer topublic schools based on criteria developed by the departments of transportationand education; provided that the department of education shall submit a reportto the department of transportation at the end of each school year on theextent to which these exemptions were utilized;

(2)  To a board of independent schools, which isregistered with the department of commerce and consumer affairs, to administerto private schools utilizing criteria developed by the departments oftransportation and education; provided that the board shall submit a report tothe department of transportation at the end of each school year on the extentto which these exemptions were utilized;

(3)  Only for the transport of pupils to and fromschool functions or school-related activities but not for transportation to andfrom a school;

(4)  Only when each pupil being transported hasobtained a written statement from the pupil's parent or legal guardian waivingthe State's liability; and

(5)  In accordance with the procedures and criteriaestablished by rules of the department of transportation.

(d)  The department of transportation may grantexemptions for the use of vehicles other than school vehicles for the transportationof students requiring special education and services when the department findsthat compliance with this section is impossible or impractical; provided thatno exemption shall be granted for the qualifications of individuals driving abus as defined in section 286-2 and such individuals shall meet school vehicledriver qualifications.

(e)  The department of transportation shalladopt safety rules and standards relating to school vehicles, equipment, anddrivers, including but not limited to:

(1)  School vehicle and school vehicle equipmentdesign, construction, and identification;

(2)  School vehicle driver qualification and trainingas required by law;

(3)  School vehicle operation;

(4)  School vehicle maintenance and maintenancerecords;

(5)  Special school vehicle safety inspections;

(6)  Criteria for passenger loading and unloadingsafety areas; and

(7)  Procedures and criteria for the granting ofexemptions permitted under subsections (b), (c), and (d);

provided that the rules and standards shall permitthe use of small buses or vans weighing less than ten thousand pounds for thetransportation of pupils of a day care center, child care facility, headstartprogram, and preschool, or of school pupils and school staffs to and fromschool-related activities.

(f)  The department of education shall adoptnecessary rules governing passenger conduct, passenger safety instruction, anddisciplinary procedures for the enforcement of the rules applicable topassengers on school vehicles operated by or under contract with the State. Any pupil who fails to comply with any rule adopted pursuant to this subsectionshall not be subject to section 286-10 but shall be subject to discipline inaccordance with rules adopted by the department.

(g)  Any person operating a school vehicle whofails to comply with any rule adopted pursuant to this section shall be finednot more than $500 or imprisoned not more than six months, or both.

(h)  The director of transportation, or anyofficer, employee, or representative of the department of transportationappointed by the director shall be responsible for the enforcement of anysafety rules and standards adopted pursuant to subsection (e).  The director oftransportation may request that the executive officers of each county and anyother state agency having responsibility relative to pupil transportationprovide additional enforcement of any rule adopted by the department oftransportation.

(i)  As used in subsection (b), a schoolvehicle is unavailable when it:

(1)  Is being used during a specific time forcontracted school-related transportation to and from school or relateddestinations;

(2)  Fails that day's inspection and has not beenrepaired;

(3)  Is already in transportation service;

(4)  Is committed for transportation service; or

(5)  Does not meet the requests of a school for amotorcoach with undercarriage storage compartments and public address system;provided that the use of the motorcoach shall be used solely for thetransportation of middle, intermediate, or high school student groups to andfrom school-related events or activities.  As used in this paragraph,"motorcoach" means a vehicle that carries more than twenty-fivepassengers, has a gross vehicle weight rating of at least 26,000 pounds, and isno more than fifteen years old. [L 1973, c 58, §2; am L 1983, c 94, §1; am L1984, c 169, §2; am L 1985, c 93, §1; am L 1990, c 44, §1 and c 120, §1; am L1992, c 18, §1; am L 1996, c 89, §12 and c 98, §1; am L 1997, c 126, §1; am L1999, c 118, §1]