Current through Register Vol. 35, No. 18, September 24, 2024
All drivers and, where applicable, all school bus assistants
and substitute school bus assistants shall:
A.
Comply with the following.
(1) Operate the vehicle in a safe and
efficient manner in accordance with federal, state, local statutes and
regulations, department regulations, and LEA policies.
(2) Cooperate with the transportation
administrator's compliance with 49 CFR Part 382 as conducted by the LEA and
transportation service provider.
B.
Perform a pre-trip
inspection.
(1) All school bus drivers
shall perform and document a daily thorough pre-trip inspection of the school
bus and special equipment, unless completed and documented by other qualified
personnel. The inspection shall include, at minimum, inspection of the:
(a) outside of the vehicle:
(i) any fluid leaks, including oil, water,
power steering, power brakes, transmission, or differential;
(ii) wheels, tires, lug bolts and nuts for
serviceability;
(iii) all exterior
lights for serviceability and operation;
(iv) all glass, mirrors, and windshields to
be clean and unbroken and mirrors adjusted for the driver;
(v) exhaust system for leaks, looseness, and
secure clamps, except for electric buses;
(vi) engine compartment for serviceability,
hoses, belts, wiring, and proper fluid levels;
(vii) battery for secure connections and no
corrosion;
(viii) fuel filler cap,
except for electric buses;
(ix)
lift system for those vehicles equipped;
(x) service door, emergency exits, and
buzzers; and
(xi) stop arm and
signs;
(b) inside of the
vehicle:
(i) all seats and interior
lights;
(ii) horn, windshield
wipers, all gauges, and indicators;
(iii) emergency equipment including a first
aid kit, fire extinguisher, reflectors, body fluid clean-up kit, and seat belt
cutter;
(iv) parking brake and
service brake;
(v) interior
mirror;
(vi) cleanliness of
vehicle;
(vii) heaters and
defrosters;
(viii) air or hydraulic
brake check; and
(ix) emergency
exits and buzzers.
(2) All school-owned activity vehicle drivers
shall perform, at a minimum, a thorough pre-trip inspection for operational
check of the vehicle and equipment unless completed by other personnel who have
completed department-approved pre-service training. The inspection shall, at
minimum, include inspection outside of the vehicle pursuant to the requirements
listed in items (i) through (viii) of Subparagraph (a) of Paragraph (1) of
Subsection B of
6.41.4.11 NMAC and inside of the
vehicle pursuant to the requirements listed in items (i) through (viii) of
Subparagraph (b) of Paragraph (1) of Subsection B of
6.41.4.11 NMAC. All school-owned
activity vehicle drivers shall inspect all gauges, seats, and interior lights
of the school-owned activity vehicle.
(3) The driver shall not operate any school
bus, activity school bus, or school-owned activity vehicle that does not meet
the pre-trip inspection requirements. The driver shall immediately notify the
transportation administrator or designee upon failure of the pre-trip
inspection and document the reason for the failure.
C.
Use the following basic driving,
loading, and unloading procedures for school bus routes.
(1) Drivers shall obey all traffic laws,
ordinances, and rules of the road and not drive the school bus faster than the
posted speed limit.
(2) Loading and
unloading shall occur, whenever possible, off of the traveled portion of the
roadway and so that students do not have to cross the roadway.
(3) Drivers shall load or unload students
only at established school bus stops unless an emergency dictates otherwise.
School bus stops shall not be changed or the time schedules altered by the
school bus driver or transportation service provider without the approval of
the transportation administrator or designee. Drivers shall not grant
permission for a student to load or unload except at the student's designated
school bus stop without written approval from the transportation administrator
or designee.
(4) Drivers shall use
rear view mirrors to check traffic before arriving at the school bus
stop.
(5) Drivers shall reduce the
speed of the school bus when approaching the school bus stop.
(6) On morning school bus routes, drivers
shall:
(a) bring the school bus to a complete
stop eight to 10 feet before the school bus stop, set the parking brake and
shift the transmission in neutral or, if equipped, park;
(b) make a complete stop at all established
school bus stops whether students are present or not, unless a parent or
guardian or the transportation administrator has notified the driver that the
student will be absent;
(c) not
wait for students unless they are observed making an effort to reach the school
bus stop or unless otherwise specified in a student's IEP; and
(d) use rear view mirrors to check
traffic.
(7) When
loading, the driver shall check that all students are seated in the school bus
before the school bus is put in motion.
(8) When unloading, the driver shall count
the students that have exited the school bus. When students exit the school
bus, drivers shall ensure the following.
(a)
If students are required to cross the roadway, they shall walk eight to 10 feet
in front of the school bus and be positioned perpendicular to the right front
portion of the school bus where the driver can see them.
(b) The driver shall check rear view mirrors
and all traffic lanes to ensure all required traffic is stopped before
signaling students to cross the roadway to the left front portion of the school
bus.
(c) Before signaling students
to proceed the rest of the way, the driver shall check rearview mirrors and all
traffic lanes again to ensure all required traffic is stopped.
(d) The driver shall check to be sure that
all students have crossed the roadway safely by using the crossover mirrors and
perform a final student count.
(e)
The driver shall verify that all doors are free of obstructions then close all
doors before the school bus is put in motion.
(f) The driver shall use rear view mirrors to
check traffic before departing from the school bus stop.
(9) The driver shall not operate the school
bus in such a manner as to cause on-board accidents by jerking, stopping
suddenly or swerving unnecessarily.
(10) The driver shall not leave the driver's
seat without setting the park brake, putting the transmission in neutral or, if
equipped, park, stopping the engine, and removing the keys. Exceptions include
the following:
(a) school buses with a
wheelchair lift that meets 6.40.2 NMAC requiring a vehicle interlock system for
school buses built after July 1, 2003, and to deactivate the child check safety
system. The driver may leave the key in the ignition with the engine off when
deactivating the child check safety system but the service door shall be
closed;
(b) school buses equipped
with a diesel engine and automatic transmission where the driver shall follow
the manufacturer's recommendation for parking in gear.
(11) The driver shall keep the school bus
clean, well ventilated, and, when necessary, properly heated.
(12) The driver, if traveling in a convoy,
shall follow the lead school bus and shall maintain proper distance between
vehicles.
(13) The driver shall
report all hazards on the school bus route, whether potential or existing, and
all causes for failure to operate on schedule to the transportation
administrator or designee.
(14) The
driver shall not use the school bus outside regular to-and-from transportation
or a planned LEA-sponsored activity trip without the approval of the
transportation administrator.
D.
In addition to requirements pursuant
to Subsection C of
6.41.4.11 NMAC use the following if
the school bus must be loaded or unloaded on the roadway.
(1) If the school bus must be loaded or
unloaded on the traveled portion of the roadway:
(a) The driver shall activate the alternating
amber flasher lights not less than 100 feet nor more than 300 feet from a stop
in urban areas or not less than 300 feet nor more than 1,000 feet from a stop
in rural areas to warn motorists that the school bus is about to stop on the
roadway.
(b) The alternating red
flasher lights and stop arm shall be activated after the school bus is
completely stopped and the service door is opened.
(i) If a school bus is approaching another
school bus that has stopped to load or unload students with its alternating
amber or red flasher lights activated, the approaching school bus shall mimic
the other bus by activating its alternating amber or red flasher lights and
shall not load or unload students.
(ii) Once the school bus loading or unloading
students has deactivated its alternating amber or red flasher lights, the
approaching school bus shall resume operations.
(2) If the school bus must be loaded or
unloaded on the traveled portion of the roadway with multiple traffic lanes in
each direction, highway, or a divided roadway:
(a) the school bus shall stop in the
right-hand or outside traffic lane;
(b) students shall not be loaded or unloaded
in a designated right-turn lane or in a lane immediately adjacent to a
designated right-turn lane;
(c)
loading and unloading shall occur only on the side of the roadway on which the
student lives.
(3) The
alternating red flasher lights shall be deactivated before the school bus is
put in motion.
(4) The driver shall
use good judgment when activating and deactivating the alternating flasher
lights so as not to impede traffic unnecessarily.
E.
Load and unload students at schools
using the following procedures.
(1) If
loading or unloading must occur on the street, alternating flasher lights shall
not be activated unless the school bus is stopped on the traveled portion of
the roadway.
(2) When loading or
unloading, the school bus parking brake shall be activated, transmission shall
be in neutral or, if equipped, in park, and the engine shall be off. Should the
driver be required to leave the driver's seat, the keys shall be removed from
the ignition switch. Exceptions to removing the key from the ignition switch:
(a) school buses built after July 1, 2003,
that are equipped with an interlock for wheel chair lifts; or
(b) school buses equipped with a child check
safety system. In buses equipped with this system, the service door shall be
closed before the driver leaves the driver's seat.
(3) When loading, school buses may be parked
in a single file as close as possible to avoid students or other people from
going between the school buses.
(4)
When loading, school buses shall be parked prior to dismissal time, if
possible. School buses shall be parked in the order that they arrive at the
school.
(5) The driver shall not
back up a school bus on school grounds unless absolutely necessary and then
only with assistance from an adult of the driver's
choosing.
F.
Operate a school bus on an interstate highway using the following
procedures.
(1) All loading or
unloading shall be done at points off the interstate highway either at an
interchange, service, or frontage road.
(2) The school bus shall not cross over to
the opposite roadway or make any other similar maneuver except at interchanges
and then only in a manner consistent with the proper procedures at any given
interchange unless directed otherwise by a law enforcement officer.
(3) School buses using portions of the
interstate highway shall not stop on or adjacent to the roadway unless there is
an emergency or as directed by a law enforcement officer.
(4) The school bus shall not stop on the
interstate highway nor shall any students or other passengers load or unload on
the interstate highway except in an emergency.
G.
Follow the procedures for school
buses crossing railroad tracks: The driver is always responsible for the
safe movement of the school bus and in no instance shall a railroad signal,
active or non-active, abrogate this precaution. The following procedures shall
apply to school buses or activity school buses at railroad crossings.
(1) Before crossing any track or tracks of a
railroad, the school bus driver shall activate the hazard warning lights and
shall bring the school bus to a full and complete stop not less than 15 feet or
more than 50 feet from the rail nearest the front of the school bus.
(2) On multiple lane roadways, the school bus
shall be in the extreme right traffic lane whenever possible.
(3) If a stop-and-go traffic light controls
the movement of traffic at the railroad crossing, the driver need not stop
unless the traffic light indicates to stop.
(4) When approaching a railroad crossing, the
driver shall carefully observe traffic and reduce the speed of the school bus
in advance of stopping.
(5) While
completely stopped prior to crossing and until completely across the railroad
crossing, the driver shall:
(a) fully open the
service door;
(b) fully open the
window to the driver's immediate left;
(c) turn off all noisy equipment, radio, and
fans;
(d) direct passengers to be
silent if passengers are making noise;
(e) listen and look in both directions along
the track or tracks for approaching trains or other vehicles; and
(f) keep the transmission of the school bus
in first gear by maintaining a speed which does not cause the transmission to
shift.
(6) The school bus
driver shall not proceed through the railroad crossing or around crossing gates
unless directed by law enforcement officer or railroad personnel if:
(a) there are operating flashing red
lights;
(b) there is an operating
bell;
(c) a crossing gate is closed
or in the process of being opened or closed;
(d) the rear portion of the school bus cannot
be positioned more than 15 feet from the rail nearest the rear of the school
bus; or
(e) the view in either
direction is unclear or is obstructed in any way until the driver has secured
the school bus and performed a visual inspection to verify that no trains or
other vehicles are approaching.
(7) After safely and completely crossing the
railroad tracks, the driver shall:
(a) fully
close the service door;
(b) turn
off hazard warning lights;
(c)
adjust the window to the driver's immediate left;
(d) resume use of any noisy equipment, radio,
and fans; and
(e) continue
traveling safely.
(8)
When traveling near railroad tracks, even if not crossing, the school bus
driver shall be aware of hazardous circumstances on the railroad tracks that
could present a danger to the school bus. In such situations, the driver shall
remain aware and instruct the students to remain silent until there is no
longer a danger.
H.
Address student safety.
(1) The
driver shall be responsible for the safety and orderly conduct of school bus
passengers.
(2) The driver, school
bus assistants and substitute school bus assistants shall meet all requirements
of student IEPs when transportation is a related service.
(3) The driver shall report all serious
discipline cases to the transportation administrator or designee in accordance
with the department and the LEA's policies.
(4) The driver shall have the authority to
assign any passenger to a seat.
(5)
The driver shall not carry on any unnecessary conversations with passengers
while driving.
(6) The driver shall
not permit the transportation of firearms, knives, explosives, breakable glass,
or other dangerous objects, reptiles, or animals, except a service animal
authorized by an IEP.
(7) In
transporting musical instruments, shop projects, or other school projects,
items shall be transported pursuant to the requirements listed in Subparagraph
(e) of Paragraph (1) of Subsection T of
6.41.4.9 NMAC.
(8) On the school bus, the driver shall not
permit items to block the aisle or exits.
(9) While a school bus is in motion, the
driver shall not permit any passengers to occupy any area in front of the
passenger seating area. All passengers shall be properly
seated.
I.
Perform
a post-trip inspection.
(1) The driver
shall, as part of each post-trip inspection, ensure that no passengers remain
on board.
(2) The driver shall
submit a signed, LEA-approved form reporting all faulty or improperly
functioning equipment to the transportation administrator or designee, or the
transportation service provider.
J.
Participate in emergency evacuation
drills for school buses. All school bus drivers, substitute school bus
drivers, activity bus drivers, school bus assistants, and substitute school bus
assistants shall participate in the emergency evacuation drills or adequate
alternate instruction scheduled by the transportation administrator.
K.
Be familiar with the location and
use of the following emergency equipment:
(1) hazard warning lights;
(2) fire extinguisher;
(3) first aid kit;
(4) body fluid cleanup kit;
(5) triangular warning reflectors;
and
(6) seat belt
cutter.
L.
Address
emergency evacuations and accidents.
(1) Emergency evacuations shall take place if
there is a fire or danger of fire involving the vehicle. The vehicle shall be
stopped and evacuated immediately. Passengers shall move a safe distance away
from the vehicle and remain there until given further direction.
(2) Emergency evacuations may take place if
the vehicle is stopped in an unsafe position. The driver shall immediately
determine whether it is safer for passengers to remain in the vehicle or to
evacuate the vehicle. The driver shall direct the passengers to evacuate the
vehicle if:
(a) the vehicle has stopped in
the path of a train;
(b) the
position of the stopped vehicle may change, thus increasing the danger to
passengers; or
(c) the position of
the stopped vehicle is such that there is danger of another vehicle colliding
into it.
(3) In the case
of any accident, the driver's first responsibility is for the safety of the
passengers. The driver shall:
(a) stop
immediately;
(b) notify police and
the LEA administrator and, if appropriate, the transportation service
provider;
(c) remain calm and
reassure passengers;
(d) if
necessary to evacuate the vehicle, direct passengers to a safe place away from
traffic and not permit passengers to leave the scene of the accident;
(e) render reasonable assistance to persons
injured in the accident;
(f) remain
at the scene of the accident and not move the vehicle unless required by local
ordinance or a law enforcement officer;
(g) if possible, place reflectors
appropriately to warn traffic;
(h)
obtain information such as names, license numbers, registration numbers,
location, time, road and weather conditions, and a listing of all passengers
including their seating locations;
(i) make no admission as to liability nor
assume responsibility for the accident;
(j) comply with federal, state, department
regulation and LEA policy and procedures in reporting the accident;
and
(k) adhere to any vital
emergency medical information provided.
M.
Alternating flasher lights shall not
be used when the school bus is:
(1) on
school grounds to load or unload students;
(2) completely off the traveled portion of
the roadway;
(3) at a railroad
crossing; or
(4) stopped, except
when loading or unloading students on the roadway.