New Mexico Administrative Code
Title 6 - PRIMARY AND SECONDARY EDUCATION
Chapter 41 - TRANSPORTATION - SCHOOL BUS SAFETY
Part 4 - STANDARD FOR PROVIDING TRANSPORTATION FOR ELIGIBLE STUDENTS
Section 6.41.4.14 - USING SPORT UTILITY VEHICLES (SUVS) FOR TO-AND-FROM TRANSPORTATION
Universal Citation: 6 NM Admin Code 6.41.4.14
Current through Register Vol. 35, No. 6, March 26, 2024
A. General requirements. An LEA electing to transport students in an SUV on a to-and-from route shall:
(1) be limited to
transport up to six students who are enrolled in the LEA;
(2) only transport students whose residence
is within the boundaries of the LEA, with the exception of those students in
foster care or homeless children and youth as required as part of the best
interest determination;
(3) only
transport students who live five or more miles from the student's or students'
school, with the exception of those students in foster care or homeless
children and youth as required as part of the best interest
determination;
(4) require that the
SUV driver be an LEA employee certified as a school-owned activity vehicle
driver;
(5) require that the driver
meet all federal, state, and department qualifications and licensing
requirements. The driver shall:
(a) allow the
LEA to obtain the driver's driving record through the New Mexico motor vehicle
division, or the national driver register or other states' motor vehicle
divisions;
(b) satisfactorily
complete a physical examination using the current DOT physical examination
form:
(i) physical examination shall be
renewed every 24 months from the date of the last examination or before as
specified by a licensed medical professional;
(ii) additional physical examinations shall
be required at any other time at the request of the LEA or the department's
transportation bureau;
(iii) all
physical examinations shall be conducted by a licensed medical
professional;
(c) meet
the requirements of the Controlled Substances and Alcohol Use and Testing in
accordance with 49 CFR Part 382;
(6) require that the driver complete
pre-service training as outlined in department guidance. The pre-service
training shall be provided only by a school bus driver instructor that has
activity vehicle certification or an activity vehicle instructor that has been
certified by the department;
(7)
require the SUV driver transporting students on to-and-from routes to obtain
two hours of in-service training per semester;
(8) be required to insure both the SUV and
SUV driver through the public school insurance authority;
(9) establish written procedures for an
immediate substitute SUV or school bus should an SUV fail to meet pre-trip
inspection requirements; the substitute SUV or school bus shall meet all
pre-trip requirements;
(10) require
the SUV driver to immediately report in writing on the appropriate form(s)
signed by the SUV driver any faulty or improperly functioning equipment to the
transportation administrator or their designee;
(11) require all passengers to enter and exit
on the passenger side of the SUV;
(12) require the SUV driver to ensure that no
student remains in the SUV at the conclusion of the route;
(13) be required to have the vehicle
inspected semi-annually by an authorized dealer including the manufacturer's
recommended multi-point inspection. An inspection shall not occur within 90
days from the prior inspection. All inspections shall occur during the school
year. Any defects found by the dealer shall be repaired prior to the vehicle
being used to transport students. The vehicle shall be considered out of
service until all defects are repaired by the dealer. The semi-annual
inspections shall be submitted to the department's transportation bureau along
with the documentation of all repaired defects;
(14) require the SUV driver to conduct a
daily, thorough pre-trip operational check of the SUV and equipment; the
pre-trip shall be documented and shall cover at a minimum:
(a) wheels, tires, lug bolts, and nuts for
serviceability;
(b) all exterior
lights for serviceability and operation;
(c) all glass, mirrors, windshields (clean,
unbroken and mirrors adjusted for the driver);
(d) exhaust system for leaks and looseness of
connections;
(e) fluid leaks under
and in the front (oil, water, power steering, transmission, brakes) and in the
rear (brakes and differential);
(f)
engine compartment for serviceability (battery, belts, wiring, hoses,
fan);
(g) engine compartment for
fluid levels (oil, engine coolant, power steering, brake, windshield washer,
transmission);
(h) fuel filler
cap;
(i) all gauges, seats, and
interior lights;
(j) horn and
windshield wipers;
(k) emergency
equipment;
(l) cleanliness of
SUV;
(m) electronic locks;
and
(n) heaters and
defrosters;
(15) not
allow the SUV driver to operate the SUV if it does not meet the pre-trip
inspection requirements;
(16) not
allow an employee to operate an SUV for to-and-from transportation if the
person's driving record shows:
(a) a
conviction for driving a vehicle while intoxicated (DWI) or driving under the
influence of intoxicating liquor or drugs (DUI) within the previous three
years;
(b) a conviction for DWI or
DUI between three years and 20 years prior to the date of application for
employment unless a written verification from a licensed counselor or physician
has been provided that the person has successfully completed an alcohol or drug
abuse program. On-line programs are not acceptable;
(c) a conviction two or more times for DWI or
DUI;
(d) their driver's license has
been suspended or revoked within the previous five years for any serious
traffic offense;
(e) a conviction
of more than three serious traffic offenses within the previous three
years;
(f) a conviction of any
felony within the previous 10 years, or there exist other reasonable grounds
related to the services of transporting students rendering the applicant
ineligible;
(17) not
allow an employee to operate an SUV for to-and-from transportation if the
person's fingerprint-based background check shows:
(a) a conviction for any violation of the
Controlled Substances Act;
(b) a
conviction of child abuse pursuant to Section 30-6, NMSA 1978, Crimes Against
Children and Dependents; or
(c)
conviction of any other criminal offense in which a child was a victim as
required by the offense; and
(18) ensure all SUVs shall be alcohol, drug
and tobacco free areas. Prior to or during work periods, all SUV drivers shall
not use alcoholic beverages, illegal substances, or legal substances which
would impair the driver's ability to perform required duties.
(19) ensure that student evacuation drills or
adequate alternate instruction are conducted pursuant to Paragraph (3) of
Subsection C of
6.41.4.9
NMAC.
(20) adopt a policy defining
the replacement cycle for SUVs.
B. Procedures and criteria to establish routes. The local superintendent or charter school administrator shall demonstrate a need before providing to-and-from transportation in an SUV.
(1) Those students receiving to-and-from
transportation through the use of an SUV must be approved by the superintendent
or charter school administrator. The superintendent or charter school
administrator must approve annually. In addition, the superintendent or charter
school administrator must approve any changes to an SUV route that occur after
the annual approval.
(2) On forms
provided by the department, the local superintendent or charter school
administrator shall submit the following information to the secretary of
education or designee and to the department's transportation director or
designee for approval before using an SUV to transport students on a
to-and-from route:
(a) a description of the
need to transport students in an SUV;
(b) a list of students to be transported in
an SUV;
(c) the location of the
school and location of the students' residence as shown on a map; and
(d) the local superintendent or charter
school administrator must sign the form submitted to the department.
(3) A revised request for the SUV
route must be submitted to the department for approval if there are any changes
to the initial request.
(4) LEAs
may count the students and miles for transportation funding who receive
transportation services through the use of an SUV; however, only half of the
miles will be counted through the funding formula.
(5) Written notification shall be given to
the department's transportation director or designee immediately when the LEA
is no longer providing transportation in an SUV to the student or students who
had been previously approved.
(6)
Students in foster care or homeless children and youth may be transported as
otherwise prescribed and required by law or department rule.
C. Construction standards. To provide for the safety of students, all SUVs used to transport students on to-and-from routes shall adhere to construction standards requirements.
(1) All SUVs used to transport
students on to-and-from routes shall:
(a) be
LEA owned;
(b) be a minimum
six-passenger, full-size, extended-length, SUV;
(i) the SUV shall not accommodate more than
nine people including the driver; and
(ii) the SUV shall not include vans or
mini-vans;
(c) meet
applicable United States department of transportation federal motor vehicle
safety standards;
(d) comply with
all applicable state statutes and comply with child restraint recommendations
from the national highway traffic safety administration;
(e) have operable seat belts which all
occupants are required to wear while the SUV is in motion;
(f) bear the words "SCHOOL VEHICLE" and the
name of the LEA in reflective letters at least eight inches high on both sides
of the SUV;
(g) bear the words
"SCHOOL VEHICLE" and the name of the LEA in reflective letters on the rear of
the SUV;
(h) be marked with
reflective material that is at least one and three-fourths inches in width,
placed horizontal and centerline of the SUV extending the length of both sides
and rear of the SUV;
(i) be
equipped with red LED strobe lights on the front and back of the SUV that shall
be used during loading and unloading; and
(j) be equipped with electronic locks and
child safety locks on all doors; all locks shall be engaged when the SUV is in
motion.
(2) All SUVs
used to transport students on to-and-from routes may:
(a) be equipped with a maximum speed limiter
and shall be set at 75 miles per hour;
(b) have a two-way radio communication
system;
(c) have an operable
recording video camera;
(d) be
equipped with a back-up camera; and
(e) be painted national school bus glossy
yellow, in accordance with the colorimetric specification of national institute
of standards and technology (NIST) federal standards no. 595a, color 13432,
except that the hood should be either that color or lusterless black, matching
NIST federal standard no. 595a, color 37038.
D. Safety equipment. All SUVs used to transport students on to-and-from routes shall have:
(1) a first aid kit with contents pursuant to
6.40.2 NMAC, New Mexico School Bus Construction Standards;
(2) a seat belt cutter within the driver's
reach while belted;
(3) operable
seat belts available to all passengers;
(4) a fire extinguisher mounted inside the
SUV;
(5) a reflective safety vest
that must be worn by the driver when the driver is exiting the SUV;
(6) a cargo net to secure all items not under
students' control; and
(7) a
minimum of three triangular warning reflectors;
(a) the SUV driver shall be knowledgeable of
the warning reflectors' operation and proper placement;
(b) the warning reflectors shall be used in
the event of prolonged stops on the roadway as follows:
(i) one warning reflector at a distance of
approximately 100 feet in front and one reflector approximately 100 feet in
back of the disabled SUV in the center of the traffic lane occupied by the
disabled SUV;
(ii) one warning
reflector at the traffic side of the disabled SUV, not less than 10 feet from
the front or rear of the disabled SUV;
(iii) if the SUV is disabled within 500 feet
of a curve, crest of a hill, or other obstruction to view, the SUV driver shall
place the warning reflector in that direction to afford ample warning. The
warning reflector must in no case be less than 100 feet or more than 500 feet
from the disabled SUV.
E. Route requirements. All to-and-from transportation shall adhere to route requirements.
(1) Loading and unloading shall occur,
whenever possible, off of the roadway.
(2) Students shall not cross the roadway for
loading or unloading purposes.
(3)
The SUV driver shall load and unload at established route stops only unless an
emergency dictates otherwise.
(4)
The student shall load or unload only at the student's designated route stop
unless the driver has written approval from the transportation administrator or
designee.
(5) The SUV driver shall
ensure all doors are closed and locked before putting the SUV in
motion.
(6) The SUV driver shall
keep the SUV clean, well ventilated, and properly heated when
necessary.
(7) The SUV driver shall
obey all traffic laws, ordinances, and rules of the road.
(8) The SUV driver shall report all hazards,
whether potential or existing, on the route and all causes for failure to
operate on schedule to the transportation administrator or designee.
F. Loading and unloading on route. All to-and-from transportation shall adhere to loading and unloading requirements.
(1) The SUV driver
shall use mirrors to check traffic when approaching the stop.
(2) The SUV driver shall reduce the SUV's
speed.
(3) The SUV driver shall
activate the strobe lights not less than 100 feet nor more than 300 feet from a
route stop in urban areas and not less than 300 feet nor more than 1,000 feet
from a route stop in rural areas to warn motorists that the SUV is about to
stop.
(4) On morning routes, a
complete stop shall be made at all established route stops whether students are
present or not, unless a parent or guardian or transportation administrator has
notified the driver that the student will be absent. The SUV driver shall not
wait for students unless they are observed making an effort to reach the route
stop or unless otherwise specified in the student's IEP.
(5) When loading students, the SUV shall be
brought to a complete stop, the transmission put in park and the emergency
brake activated.
(6) When unloading
students, the SUV shall be brought to a complete stop, the transmission put in
park and the emergency brake activated.
(7) When the SUV driver leaves the driver's
seat, the keys shall be removed from the ignition switch.
(8) When all students have been completely
and safely loaded or unloaded, the strobe lights shall be turned off.
(9) The SUV driver shall check mirrors and
make a thorough live sight inspection of all traffic before resuming
travel.
G. Loading and unloading at schools. All to-and-from transportation shall adhere to requirements when loading and unloading at schools.
(1) The SUV driver shall load and unload
students in the same location that loading and unloading of school buses
occur.
(2) The SUV shall be parked
in place for loading prior to dismissal of school. If loading or unloading on
the street, the SUV shall be stopped parallel to the curb. Strobe lights shall
not be activated unless the SUV is stopped on the traveled portion of the
roadway.
(3) The vehicle shall be
brought to a complete stop, the transmission put in park, and the emergency
brake activated before loading or unloading students.
(4) When the SUV driver leaves the driver's
seat, the keys shall be removed from the ignition switch.
(5) The driver shall not back up the SUV on
school grounds unless absolutely necessary.
H. Operating on interstate highways. All to-and-from transportation shall adhere to operating requirements on interstate highways.
(1) The
SUV driver shall not make any stop except in an emergency nor shall any student
load or unload while the SUV is on the interstate. All loading or unloading
shall be done at points off the interstate.
(2) The SUV driver shall not drive the SUV
onto an 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.
I. Railroad crossings. The driver shall use extreme caution when approaching and crossing highway-grade railroad crossings.
J. Continuing standards for drivers: An SUV driver shall no longer be eligible to transport students:
(1) for three
years if they receive a conviction for DWI or DUI. They may requalify if a
written verification from a licensed counselor or physician is provided that
the person has successfully completed an alcohol or drug abuse program. On-line
programs are not acceptable. They are permanently ineligible if they have two
or more DWI or DUI convictions;
(2)
for five years receive a suspension or revocation of their driver's license for
any serious traffic offense;
(3)
for three years receive convictions for more than three serious traffic
offenses;
(4) if they receive any
convictions pursuant to Paragraph (2) of Subsection P of
6.41.4.9
NMAC; or
(5) if they do not
complete the previous semester's required in-service training; to become
eligible again, they must complete the training.
K. Driver files. LEAs shall maintain SUV driver files that include the following:
(1) annual driving record check;
(2) copy of current medical examiner's
certificate from the physical;
(3)
copy of current and valid driver's license;
(4) pre-service training record;
(5) documentation of required in-service
training pursuant to item (iii) of Subparagraph (d) of Paragraph (1) of
Subsection S of
6.41.4.9
NMAC and Paragraph 7 of Subsection A of 6.41.4.14 NMAC;
(6) proof that the driver is enrolled in a
random drug and alcohol testing program; and
(7) a current first aid and CPR certificate
pursuant to the requirements in in Paragraph (4) of Subsection A of
6.41.4.13
NMAC.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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