New Mexico Administrative Code
Title 6 - PRIMARY AND SECONDARY EDUCATION
Chapter 43 - TRANSPORTATION - OPERATIONS AND FUNDING
Part 2 - REQUIREMENTS FOR SCHOOL BUS CONTRACTS AND PER CAPITA FEEDER AGREEMENTS
Section 6.43.2.9 - INDIVIDUAL OWNER OPERATOR
Current through Register Vol. 35, No. 18, September 24, 2024
A. An individual who owns only one bus and drives the bus on a full time basis is, as a driver, considered an employee of the district. The local board shall enter into an employment contract with the driver. The driver's salary shall be calculated on the local board's established salary schedule for bus drivers. Benefits shall be calculated on the salary amount according to the established benefit rates.
B. The local board shall negotiate an individual owner/operator equipment contract for the use of the bus to provide transportation services consistent with provisions of state law and public education department rules.
C. The local board shall ensure that the owner/operator meets training and drug testing requirements in compliance with federal and state laws and public education department rules.
D. The individual owner/operator shall have no ownership interest of any type or degree in any fleet service contract with the local board, including without limitation, an interest in the nature of legal or rightful title, possessory interest, or a beneficial, equitable, or pecuniary interest.
