§286-181 - Pupil transportation safety.

[PART IX.
PUPIL TRANSPORTATION]

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

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

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

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

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

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

(1) Impractical due to the unavailability of school
vehicles; or

(2) Impractical due to economic factors.

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

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

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

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

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

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

(d) The department of transportation may grant
exemptions for the use of vehicles other than school vehicles for the transportation
of students requiring special education and services when the department finds
that compliance with this section is impossible or impractical; provided that
no exemption shall be granted for the qualifications of individuals driving a
bus as defined in section 286-2 and such individuals shall meet school vehicle
driver qualifications.

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

(1) School vehicle and school vehicle equipment
design, construction, and identification;

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

(3) School vehicle operation;

(4) School vehicle maintenance and maintenance
records;

(5) Special school vehicle safety inspections;

(6) Criteria for passenger loading and unloading
safety areas; and

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

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

(f) The department of education shall adopt
necessary rules governing passenger conduct, passenger safety instruction, and
disciplinary procedures for the enforcement of the rules applicable to
passengers on school vehicles operated by or under contract with the State.
Any pupil who fails to comply with any rule adopted pursuant to this subsection
shall not be subject to section 286-10 but shall be subject to discipline in
accordance with rules adopted by the department.

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

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

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

(1) Is being used during a specific time for
contracted school-related transportation to and from school or related
destinations;

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

(3) Is already in transportation service;

(4) Is committed for transportation service; or

(5) Does not meet the requests of a school for a
motorcoach with undercarriage storage compartments and public address system;
provided that the use of the motorcoach shall be used solely for the
transportation of middle, intermediate, or high school student groups to and
from school-related events or activities. As used in this paragraph,
"motorcoach" means a vehicle that carries more than twenty-five
passengers, has a gross vehicle weight rating of at least 26,000 pounds, and is
no more than fifteen years old. [L 1973, c 58, §2; am L 1983, c 94, §1; am L
1984, c 169, §2; am L 1985, c 93, §1; am L 1990, c 44, §1 and c 120, §1; am L
1992, c 18, §1; am L 1996, c 89, §12 and c 98, §1; am L 1997, c 126, §1; am L
1999, c 118, §1]