Nebraska Administrative Code
Topic - EDUCATION, DEPARTMENT OF
Title 92 - NEBRASKA DEPARTMENT OF EDUCATION
Chapter 91 - REGULATIONS GOVERNING DRIVER QUALIFICATIONS & OPERATIONAL PROCEDURES FOR PUPIL TRANSPORTATION VEHICLES
Section 92-91-002 - Definitions
Current through March 20, 2024
002.01 Activity Bus means a motor vehicle with motive power, except a trailer, designed or modified by the manufacturer, distributor or dealer for carrying eleven (11) or more passengers, excluding the driver, which at any time would be used to carry school children and school personnel exclusively on a school activity trip from a given location to a second location without stopping to load or unload children or control traffic on public highways, provided that such transportation service is sponsored and approved by the local school governing board. This includes Multi-Function School Activity Bus as defined in 49 CFR 571.3 and does not preclude the use of a school bus as an activity bus.
002.02 Activity Trip means the transportation of children, pupils, and school personnel to and from a given location to a second or subsequent location or locations without stopping to load or unload the passengers on the public highways for the purpose of transporting the passengers to any activity or event sanctioned, authorized or sponsored by the school district or the local school's governing board.
002.03 "Behind the Wheel" Training and Pre-Service Evaluation means an orientation prescribed by the Commissioner of Education and conducted by any driver holding a current school bus permit or who is qualified to drive a pupil transportation vehicle.
002.04 Motor Coach Bus means a vehicle not designed primarily for the transportation of school children to and from school and school related activities, but as a commercial motor vehicle as a part of the operation of a common or contract carrier, as those terms are defined in Section 75-302 R.R.S., with a Gross Vehicle Weight of greater than 33,000 lbs., with a semi-monocoque/monocogue unitized body construction and which has only high back seats, under-the-floor storage, and is designed to seat at least 32 passengers. For purposes of this Section, monocogue means a design where the skin or shell of the vehicle acts as a single unit with the supporting frame and semi-monocogue means a design where the skin or shell of the vehicle acts, to some extent, as a single unit with the supporting frame. Such buses are also commonly known as "over-the-road coaches."
002.05 Level I Instructional Course means a minimum of an eleven (11) instructional program for individuals who will be operating school buses and a minimum of three (3) hour instructional program for drivers of small vehicles on routes, prescribed by the Commissioner of Education, conducted by an instructor approved by the Commissioner. The course and is valid for five (5) years.
002.06 Level I Waiver Examination means an examination ee approved by the Commissioner of Education that may be taken prior to attending the Level I Instructional Course for which a passing score on the waiver examination temporarily fulfills the Level I requirement for an individual to drive a pupil transportation vehicle for the first time. Sixty (60) days after being issued, the waiver expires.
002.07 Level II Instructional Course means a minimum of a three (3) hour in-class instructional program, that is prescribed by the Commissioner of Education conducted by an instructor approved by the Commissioner and is valid for five (5) years.
002.08 Level II Waiver Examination means an examination approved by the Commissioner of Education that may be taken prior to attending the Level II Instructional Course for which a passing score on the waiver examination temporarily fulfills the Level II requirement for an individual to drive a pupil transportation vehicle. The applicant must complete the entire Level II Instructional Course within sixty (60) days of passing the Level II Waiver Examination.
002.09 Students means school students, pupils and children and will be used interchangeably throughout this Chapter.
002.10 School Bus means a motor vehicle with motive power, except a trailer, designed or modified by the manufacturer, distributor or dealer for carrying eleven (11) or more passengers, excluding the driver, meeting or exceeding Nebraska Pupil Vehicle Minimum Standards (92 NAC 92); which at any time is used to carry school children and school personnel exclusively that is sponsored and approved by the local school governing board. School bus includes an Activity Bus (as defined in this Chapter) and a Multi-Function School Activity Bus (MFSAB) as defined in 49 CFR 571.3 except where otherwise provided in 92 NAC 92. Vehicles that only carry school children along with other passengers as a part of the operation of a common carrier under the jurisdiction of the United States Department of Transportation, Nebraska Public Services Commission, Nebraska State Patrol Carrier Enforcement, or the Nebraska Department of Motor Vehicles Division of Motor Carrier Services are not included with the definition of school bus.
002.11 Small Vehicle means a motor vehicle with motive power, except a trailer, designed or modified by the manufacturer, distributor or dealer for carrying ten (10) or fewer passengers, excluding the driver, meeting or exceeding Nebraska Department of Education minimum standards for small vehicles which at any time would be used to carry students exclusively that is sponsored and approved by the local school governing board. If the seating capacity of the vehicle has been reduced to meet the definition of a small vehicle, the manufacturer, distributor, or dealer shall recertify the vehicle if required by 49 CFR 567.7. The capacity of the vehicle shall be posted inside the vehicle in a conspicuous location. The preceding definition is not intended to include private motor vehicles used exclusively to carry members of the owner's household.
002.12 Pupil Transportation Vehicle means any vehicle utilized to carry school children as sponsored and approved by the local school governing board and conforms to the Nebraska Department of Education definitions of pupil transportation vehicles listed in this Chapter.
002.13 Pupil Transportation Vehicle Driver means a driver of any pupil transportation vehicle, utilized to transport school children.
002.14 Route means a designated course regularly traveled by a pupil transportation vehicle to pick up students from home or pickup points and take them to school or other locations related to a student's instructional program or to deliver students from school to their homes or designated drop-off points.
