The following are authorized vehicles
for the transportation of pupils to and from school and school-related
events:
(A)
School buses All vehicles designed to carry more than
twelve passengers, not including the driver, and used to transport pupils to or
from school or school-related events will meet or exceed all applicable federal
regulations and the Ohio school bus construction standards. Refer to division
(F) of section 4511.01 of the Revised Code,
rules 4501-5-01 to
4501-5-04 of the Administrative
Code, and 49 U.S.C.
30125.
(B)
Mass transit
system vehicles
"Mass transit system," as defined in
rule 4501-1-01 of the Administrative
Code, means any person engaged in the transportation of the general public over
established routes under the United States department of transportation (USDOT)
or a permit issued by the public utilities commission of Ohio or franchise of a
political subdivision. Mass transit system vehicles under contract with a board
of education or county board of developmental disabilities may operate on
routes designed for the purpose of transporting fare-paying passengers and
eligible pupils simultaneously under the following conditions:
(1)
Whenever a mass
transit system transports children to or from a school session or school
function, the mass transit system will comply with applicable state and federal
law, including section
4511.78 of the Revised Code and
Chapter 4501-1 of the Administrative Code.
(2)
Mass transit
vehicles may only be used to transport students in accordance with section
3327.017 of the Revised
Code.
(3)
As set forth in division (A)(2) of section
4511.78 of the Revised Code and
division (F) of section
4511.01 of the Revised Code, a
bus devoted exclusively to the transportation of children to and from a school
session or school function is a school bus subject to paragraph (A) of this
rule.
(4)
Nonconforming mass transit system vehicles (i.e., ten
to fifteen passenger motor vehicles not meeting
49 U.S.C.
30125 standards for a school bus) will not be
used for the transportation of pupils by any carrier unless they exceed
ten-thousand pounds GVWR or are designed to carry more than sixteen passengers
including the driver.
(C)
Vehicles other
than school buses
As set forth in rule
3301-83-04 of the Administrative
Code, the rules in this chapter do not apply to parental transportation that is
provided outside the authority of a school or education program or
school-related activities or school-sanctioned events, or by any parent for
their own children. Motor vans, as defined in rule
3301-83-04 of the Administrative
Code, may be used for student transportation as provided for in section 4411.76
of the Revised Code and in compliance with the following:
(1)
The vehicle is to
be equipped with safety equipment including a fire extinguisher, first-aid kit,
body fluid cleanup kit, fuses, spare fuses, and emergency
reflectors.
(2)
The vehicle will have a rooftop sign marked "School
Transportation."
(3)
The name of the school district, community school or
chartered nonpublic school, or the name of the contractor, if applicable, will
be clearly marked on the side of the vehicle.
(4)
These vehicles
will be inspected by a qualified mechanic not less than two times per year to
determine that the vehicle is safe for pupil transportation. This inspection
will cover at the minimum all applicable sections of the motor van inspection
detailed in rule
3301-83-11 of the Administrative
Code. In addition, periodic maintenance intervals will be established and
implemented. Documentation and proof of these inspections and service
procedures, in addition to all other vehicle records discussed in rule
3301-83-14 of the Administrative
Code, are to be kept on file with the school district transportation
department.
(5)
It is the responsibility of each vehicle driver to
complete and document a daily pre-trip inspection before transporting pupils as
set forth in rule
3301-83-11 of the Administrative
Code. The vehicle owner may designate another qualified individual to complete
and record portions of the stationary inspection in lieu of the vehicle driver.
Pre-trip inspection records will be kept on file for a minimum of twelve
months.
(6)
Loading of these vehicles will be performed in
compliance with the passenger, weight, and other associated restrictions as
identified by the original equipment manufacturer.
(7)
Drivers of these
vehicles are to be accustomed to driving the vehicle and meet all
qualifications for school transportation drivers as identified in paragraph (B)
of rule 3301-83-06 of the Administrative
Code and section 3327.10 of the Revised
Code.
(D)
Commercial carriers
Commercial carriers include carriers
that are licensed and inspected by the appropriate government agencies to
transport passengers for hire. Examples would include railroads, airlines,
commercial watercraft, or commercial buses. This paragraph applies to both
routine transportation of students to and from regularly scheduled school
session and to non-routine transportation as defined in rule
3301-83-04 of the Administrative
Code.
(1)
A vehicle designed to carry more than twelve passengers, not
including the driver, that is devoted exclusively to the transportation of
pupils to and from a school session or a school functions, is defined as a
school bus under division (F) of
4511.01 of the Revised Code and
is subject to paragraph (A) of this rule and applicable state and federal
regulations for school buses.
(2)
Nonconforming
vehicles (i.e., ten to fifteen passenger vehicles not meeting the FMCSR's for
school buses) will not be used for the transportation of pupils by any carrier
unless they exceed ten-thousand pounds GVWR or are designed to carry sixteen or
more passengers including the driver.
(3)
Districts,
educational service centers, community schools and chartered nonpublic schools
who contract with commercial carriers (e.g., charter buses) are responsible for
ensuring the safety of student and other passengers when utilizing commercial
carriers. School boards and governing bodies should adopt and implement
policies that include, but are not limited to:
(a)
Requesting
documentation from the vendor demonstrating that drivers and vehicles meet all
applicable state and federal law standards (e.g., drivers possess a current
commercial driver's license with passenger endorsements) and drivers have safe
driving records;
(b)
Verifying vendor information to screen potential
contractors, for example:
(i)
Does the vendor subcontract for equipment and/or
drivers and if so, applying the same standard of review as to the
subcontractor;
(ii)
Does the vendor have public liability insurance for the
operation of its buses that meet applicable state and federal minimum
levels;
(iii)
Does the vendor conduct driver criminal record
background checks through local regulatory authorities or the U.S. department
of transportation that are compliant with federal, state and local
law;
(iv)
What is the vendor's safety record and accident history
as verified through
https://safer.fmcsa.dot.gov/
, and does the vendor have a satisfactory rating with the
U.S. department of transportation;
(v)
Does the vendor
implement driver physical examinations;
(vi)
Does the vendor
implement a driver drug and alcohol testing program that includes
pre-employment, for cause, and random testing;
(vii)
Does the vendor
consider driver fatigue in assigning work schedules and will the driver be able
to complete planned trips within legal limits of driving hours;
(viii)
Does the
vendor require preventative maintenance for the vehicles, including regular
inspections;
(ix)
What procedures exist for roadside breakdowns,
accidents, emergencies and bus evacuations, and does the vendor have a travel
continuity plan in the event of breakdowns, accidents and
emergencies.
(E)
Taxicabs
Taxicabs may be used for transportation
of pupils when the use of other modes of transportation as described in this
rule are not reasonable as determined by the public school district. For
purposes of this rule, taxicabs mean municipally licensed vehicles transporting
passengers for hire.Taxicabs are to be originally designed and constructed at
the factory for twelve or fewer passengers, not including the
driver.
The owner or operator of taxicabs will
provide documentation to the school district confirming compliance with this
chapter.
The owner or operator of taxicabs will
provide proof of insurance to the school district in the amounts as specified
in section 3327.09 of the Revised Code for
vehicles used in the transportation of school children.
(F)
Vehicles not
meeting the definitions listed in paragraphs (A) to (E) of this rule do not
conform to state and federal law/rule and will not be used for transportation
of pupils to or from school or or school related events.
Replaces: 3301-83-19
Notes
Ohio Admin. Code
3301-83-19
Effective:
7/1/2025
Five Year Review (FYR) Dates:
07/01/2030
Promulgated
Under: 119.03
Statutory
Authority: 4511.76,
3301.07
Rule
Amplifies: 4511.76,
3327.08,
3327.09
Prior
Effective Dates: 10/22/1984, 07/01/1991, 10/05/1998, 08/17/2001 (Emer.),
11/13/2001, 02/25/2007, 07/01/2012,
04/25/2019
