Current through Register Vol. 49, No. 9, September, 2024
1.0 Regulatory Authority
1.01 These Rules shall be known as the
Arkansas Division of Academic Facilities and Transportation Rules Governing
Maintenance and Operations of Arkansas Public School Buses and Physical
Examinations of School Bus Drivers.
1.02 These regulations are enacted pursuant
to the authority of the State Board of Education under Arkansas Code Annotated
§§
6-11-105,
6-19-101,
et. seq., Act 1327 of 2005, and Act 1979 of 2005.
2.0 Purpose of Regulations
2.01 The purpose of this Rule is to ensure
the safe and efficient operation of public school buses in Arkansas and to
prescribe the requirements for the physical examination of school bus
drivers.
3.0 Definitions
3.01 The term "licensed physician" as used in
these Rules shall mean a natural person licensed to practice medicine as a
physician in the State of Arkansas pursuant to the Rules and Regulations of the
Arkansas State Medical Board.
3.02
The Term "Out of Service" as used in these rules shall mean out of compliance
with the safety requirements of this Rule and the Arkansas School Bus
Inspection Handbook.
3.03 The Term
"School Bus Driver" as used in these rules shall mean any person transporting
students in a vehicle that requires the person to hold a commercial drivers
license.
4.0 Written
Policies
All public school districts shall establish written policies
concerning transportation by a school districts, including, but not limited
to:
4.01 Transportation
eligibility;
4.02 Student behavior
while being transported; and
4.03
Emergency procedures while being transported.
4.03.1 All students who are transported in a
school bus shall be instructed in safe riding practices and shall participate
in emergency evacuation drills at least twice each school year. Each evacuation
drill shall be documented and kept on file.
5.0 School Bus Drivers
5.01 Each school district shall establish a
training program for school bus drivers. The training program must be developed
and administered to assure that each driver attains a high degree of competence
in and knowledge of his or her duties and responsibilities as a school bus
driver.
5.02 Every newly hired
school bus driver shall receive a minimum of twenty-four (24) hours of
pre-service training for the type or types of school buses that he or she will
be driving prior to driving any school bus.
5.03 Every school bus driver shall receive an
additional three (3) hours of in-service training annually provided by the
Arkansas Division of Academic Facilities and Transportation.
5.04 Each driver shall be issued a school bus
driver certificate upon documentation that he/she has successfully completed
his or her pre-service driver training. Certification shall be renewed upon
completion of the annual three (3) hour in-service.
5.05 School bus driver files shall contain at
a minimum:
5.05.1 Copy of current Commercial
Driver's License;
5.05.2 Physical
Examination;
5.05.3 Proof of state
and federal background check clearance;
5.05.4 Semi-annual driver record
check;
5.05.5 Proof of negative
tuberculosis skin test;
5.05.6
Documentation of pre-employment and random drug and alcohol testing.
6.0 Physical
Examinations for Bus Drivers
6.01 Each school
district shall require all school bus drivers to undergo a physical examination
by a licensed physician upon a conditional offer of employment and before they
are allowed to drive a school bus. The purpose of such physical examination is
to ensure that the employee can perform the job-related duties of a bus driver
and to determine if any reasonable accommodations are required. The results of
the physical examination shall be reported on a U.S. Department of
Transportation Form (DOT) or the "School Bus Driver Physical Examination Form"
(Form) promulgated by the Arkansas Division of Academic Facilities and
Transportation, as evidenced by Exhibit A to these rules and which is hereby
incorporated by reference into these rules as if fully set forth herein. The
results of all physical examinations shall be used in compliance with the
Americans with Disabilities Act.
6.02 Each school district shall require all
currently employed school bus drivers to undergo and pass a physical
examination by a licensed physician at least every two (2) years.
6.03 The physical examination described in
§§ 6.01 and 6.02 of these rules, above, shall require the licensed
physician performing the examination to make the following determinations:
6.03.1 The visual acuity of each eye (must be
at least 20/40 with or without corrective lenses);
6.03.2 The fit of the driver's glasses, if
applicable;
6.03.3 The percentage
of field of vision possessed by the driver (with a minimum of 70% necessary to
qualify as a "yes" response on the Form);
6.03.4 Absence of color blindness, with the
specific colors to be tested being red, green and amber;
6.03.5 Hearing (with a demonstrated ability
to perceive a forced whispered voice from at least five (5) feet away with or
without the use of a hearing aid, or average hearing loss in the better ear of
less than or equal to forty (40) decibels needed to successfully pass this
portion of the physical examination;
6.03.6 Indications of cardiovascular disease
of such a nature that would interfere with driving a school bus;
6.03.7 Abnormalities of the lung that would
interfere with driving a school bus;
6.03.8 Blood pressure (within normal
limits);
6.03.9 Amputation of
member (arm, hand, leg, or foot)
6.03.10 Evidence of epilepsy or
seizures;
6.03.11 Use of drugs
other than those prescribed by a physician; and
6.03.12 Diabetes (insulin
dependent).
6.04 Upon
conclusion of the physical examination, the licensed physician shall indicate
on the Form, based upon the determinations made on the areas listed in §
6.03 above and the guidelines listed on the Form, whether the driver is
physically qualified to drive a school bus. The licensed physician shall date
and sign his or her name to the Form.
6.05 Results of physical examinations shall
be maintained under strict confidentiality by each district's central
administrative office. Only the following persons shall be allowed access to
the results of these physical examinations: supervisors and managers to
determine necessary restrictions and accommodations in an employee's job
duties; first aid and safety personnel should an employee's disability require
emergency treatment; and government officials upon request who are
investigating compliance with the Americans with Disabilities Act.
7.0 Preventive Maintenance
Inspections
7.01 The Preventive Maintenance
Inspection (PMI) control system is designed to give shop management an improved
method for scheduling and controlling the necessary cycles of maintenance
inspection performed in local school districts.
7.02 Using the PMI control system will enable
the school system to certify, at least once each month, that each school bus
used during that month has received the proper safety inspection. Preventive
maintenance inspections will be scheduled as follows:
7.02.1 Inspection A - Safety Equipment
Inspection with Air Brake Adjustment 1,000 miles or monthly.
7.02.2 Inspection B - Inspection A plus Oil
Change - Gasoline (3,000 miles) or Diesel (6,000 miles or service manual
recommendation)
7.02.3 Inspection C
- Inspection A plus B plus Tune-up (gasoline only) 12,000 miles.
7.02.4 Inspection D - Inspection A, B, and C
plus Transmission 24,000 miles.
7.03 Completed inspection results shall be
kept on file by the school district as long as the district owns the
bus.
7.04 Repair Procedure. Each
day, the bus driver will complete a Driver Inspection Report to be turned in to
the director or designee at the end of each day so that a work order can be
generated if necessary. All repairs will be performed and documented by the
signature of the mechanic completing the repair. After repairs are completed, a
copy of the work order will be furnished to the driver for verification and a
copy will be filed in the individual vehicle file folder.
7.05 Each school district shall maintain a
maintenance file on all school buses owned or operated.
7.05.1 Maintenance files shall contain a
written record of all mechanical work, service performed, and all parts (which
are removed or replaced at periodic preventive maintenance intervals or for any
emergency service). Maintenance shall meet or exceed manufacturer's recommended
service interval for each body or chassis component and for all
repairs.
7.05.2 A maintenance
record shall also contain at a minimum the year, make, model, vehicle
identification number, mileage, bus number and district, nature and due date of
the various inspection and maintenance operations to be performed, a record of
all inspections, repairs and maintenance including date and nature.
7.06 The individual school bus
files shall be readily accessible to the Arkansas Department of Education
and/or the Division of Public School Academic Facilities and Transportation,
and the authorized inspector.
8.0 Annual School Bus Inspections by the
Division
8.01 Arkansas Division of Academic
Facilities and Transportation inspectors shall inspect all buses and audit
school district transportation systems annually, in compliance with the
criteria contained in the "Arkansas School Bus Inspection Handbook" (Handbook),
as evidenced by Exhibit B to these rules and which is hereby incorporated by
reference into these rules as if fully set forth herein.
8.02 School districts shall self-inspect all
of their buses on a semi-annual basis, utilizing the criteria found in the
Handbook.
8.03 Arkansas Division of
Academic Facilities and Transportation inspectors shall have the authority to
take any school bus out of service that is determined to be out of compliance
with established safety criteria, and to issue an "Out of Service"
notice.
8.04 Each bus shall be
issued an inspection sticker upon successfully passing inspection.
8.05 No school district shall operate any
school bus declared "Out of Service" until all repairs required by the out of
service notice has been completed and the bus is re-inspected by an Arkansas
Division of Academic Facilities and Transportation school bus
inspector.
9.0
Replacement Cycle for School Buses
9.01
Effective July 1, 2010, no Arkansas public school district shall operate any
school bus which is more than twenty (20) years old.
Exhibit A
SCHOOL BUS DRIVER PHYSICAL EXAMINATION FORM
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Exhibit B
INTRODUCTION
This school bus inspection handbook is a guide for local systems
to use when inspecting their buses semi-annually. The guidelines are minimal
conditions for the safe operation of school buses. If the buses do not meet
these conditions then the vehicle is considered unsafe and will not be
operated.
The yearly inspection conducted by the AR Division of Academic
Facilities and Transportation uses these same guidelines to determine the
condition of each bus. You are encouraged to make copies of the SDOE Inspection
Form and use it for your semiannual inspection form.
Special attention at the local level should be placed on:
1. Preventive maintenance program
2. Bus driver daily inspections
3. Documentation of gas, oil, daily and
monthly inspections, etc.
4.
Communication between parents, students, bus driver, transportation
supervisors, principals, superintendents and local board members on local board
policies concerning transportation.
There may be other circumstances which may arise to cause a bus
to be taken off the road until repaired.