Ohio Admin. Code 3301-83-16 - [Effective until 7/1/2025] Non-routine use of school buses

"Non-routine student transportation" is defined as transportation of passengers for purposes other than regularly scheduled routes to and from school. School buses may be used for non-routine trips only when such trips will not interfere with routine transportation services. Passengers participating in non-routine use of school vehicles shall receive safety instructions at the beginning of the non-routine trip. The return portion of a round trip event is excluded from this requirement. Instruction shall include identification of safety exits, requirement to keep aisles clear, requirement to remain seated while the bus is in motion, and safe riding practices including instruction on rules as adopted by the vehicle owner's policy.

Any use of school buses other than transporting students to or from a school session or a school function may require the school bus owner to obtain approval of the vehicle and operator as a commercial motor carrier pursuant to federal motor carrier safety administration (fmcsa.dot.gov), Ohio department of transportation rules and regulations, and, in accordance with section 4511.01 of the Revised Code and rule 3301-83-19 of the Administrative Code.

(A) Permits

School bus owners, superintendents or their designees shall issue a trip permit which shall accompany the driver on any non-routine student transportation trip. The permit shall provide the following information:

(1) Date of trip;

(2) Destination;

(3) Purpose of trip;

(4) Name of school district;

(5) Drivers name;

(6) Bus registration number or vehicle license number;

(7) Total miles of trip;

(8) Designated stops;

(9) Route map and/or written directions for destination;

(10) School bus owners, superintendent or designee signature.

(B) Chaperones

One or more adult chaperones, as approved by the school bus owner, superintendent or designee, may accompany each school bus or van required for any non-routine trip involving school-age passengers. The chaperon's responsibility shall be to assist the school transportation vehicle driver in maintaining passenger control and in enforcing procedures for the safety of all passengers. A certificated person licensed as a school bus driver may serve as a chaperon and driver concurrently.

(C) Out-of-state trips

The board of education of any school district that owns and operates motor vehicles for transporting pupils may permit such vehicles to be used outside of Ohio for any lawful purpose provided the entire distance traveled outside Ohio on any trip does not exceed one-thousand miles. The calculation of mileage of the trip shall be the distance from point of exit from the state to the point of entry to the state.

(D) Driver selection for assignment to non-routine trips should be based upon a policy adopted by the school bus owner which gives consideration to driver knowledge, skill, experience, vehicle familiarity and experience in operating a bus in the area to be traveled.

(E) A pre-trip inspection as detailed in paragraph (B) of rule 3301-83-11 of the Administrative Code shall be completed and documented immediately prior to departure of a school bus on a non-routine trip. Such pre-trip inspection will not be necessary provided the bus received a documented pre-trip inspection during routine service on the same day and by the same driver.

(F) Transportation coordination

(1) Each school bus owner or district may participate in the written county transportation plan that establishes policies regarding the transportation needs of Ohio works first participants seeking or striving to retain employment. A copy of the plan shall be maintained on file.

(2) Based upon the availability of local and/or state resources, school bus owners or districts may enter into contractual agreements with local social service agencies to provide school bus transportation to Ohio works first participants, when there are no other alternative methods of transportation as identified in the county transportation plan.

The social service agency(ies) shall pay for the fully allocated costs associated with the use of the school transportation vehicles.

(a) The agency(ies) shall agree to hold harmless the school bus owner or district from all liability arising from such use.

(b) The school bus owner, district and/or agency(ies) must obtain liability in an amount equal to or greater than the maximum tort damage permitted by law.

(c) The proposed use is consistent with owner or district policies regarding the use of school transportation vehicles.

(d) Mileage under such contract/agreement is not reimbursable reimburseable by the department of education.

(3) School bus owners or districts may enter into agreement with any recognized organization serving the aged to provide for the use of school transportation vehicles under certain conditions:

(a) The organization must pay for the fully allocated costs associated with the use of the transportation vehicles.

(b) The organization must agree to hold harmless the school bus owner or district from all liability arising from such use.

(c) The school bus owner or district and/or organization must obtain liability in an amount equal to or greater than the maximum tort damage permitted by law.

(d) The proposed use is consistent with owner policies regarding the use of school transportation vehicles.

(e) Mileage under such contract/agreement is not reimbursable reimburseable by the department of education.

(4) The first priority for the use of school transportation vehicles must be for the purposes outlined in Chapter 3301-83 of the Administrative Code.

(5) Transportation coordination shall not be conducted during those times the school transportation vehicle is in regular use and school children, or persons attending programs offered by community boards of county boards of mental retardation and developmental disabilities, are being transported.

(6) It will be the responsibility of the school bus owner or district to ensure compliance to all laws and regulations applicable to such additional use of the school transportation vehicles.

Notes

Ohio Admin. Code 3301-83-16

Effective: 7/22/2019
Five Year Review (FYR) Dates: 5/2/2019 and 07/22/2024
Promulgated Under: 119.03
Statutory Authority: 3301.07, 4511.76
Rule Amplifies: 3327.16; 3327.15; 4511.76
Prior Effective Dates: 09/01/1970, 10/22/1984, 07/01/1991, 10/05/1998, 10/01/2004, 05/23/2008, 07/25/2013