(a) Possess a valid Commercial Driver License (CDL) with proper endorsements for the vehicle being driven.

Transcription

1 School Bus Driver Training and Certification No person shall transport pupils in a school bus or a vehicle with a capacity of more than 0 passengers not subject to regulations of the Oregon Public Utilities Commission or Federal Department of Transportation, unless such person has completed all requirements for a school bus driver's permit or certificate and meets the standards established by the Department for issuance of permits or certificates. No person shall transport pupils in a school bus of any size and type without first receiving documented instruction in its safe operation. Emergency drivers who meet all requirements listed in OAR () may only operate a school bus within the prescribed limitations. (1) School Bus Driver Permits. The Oregon Department of Education shall issue a school bus driver permit to applicants who meet the permit criteria but do not qualify for a school bus driver's certificate. A person cannot reapply for a permit for at least months from date of permit expiration. An applicant must meet the following criteria to qualify for a school bus driver permit. The applicant shall: (a) Possess a valid Commercial Driver License (CDL) with proper endorsements for the vehicle being driven. (b) Pass an approved physical examination within six months prior to application; (c) Pass a behind-the-wheel test as prescribed by the Oregon Department of Education within one year of application. This permit shall not be valid for operating a vehicle of a higher-class size than that authorized by the driver's CDL; (d) Pass a check of driving and criminal records by the Oregon Department of Education; (e) File with the Department an application provided by the Department, signed by the local employer's designated official assuring immediate notification to the Department of any knowledge of the applicant's driving and criminal record status that could affect the qualifications for a school bus driver's permit as listed in OAR (); (f) Complete a minimum of fifteen hours of approved behind-the-wheel training by a trainer certified by the Oregon Department of Education within one year of application. Hours of behind-the-wheel training shall be those hours spent by the trainee with a certified trainer or an assistant approved by the Oregon Department of Education in actual operation of the vehicle or vehicles the applicant will be expected to drive; (g) Read and speak the English language sufficiently to converse with the general public, to understand highway signs and signals in the English language, to respond to official inquires and make entries on reports and records; - 1 -

2 (h) Exemption: If an applicant has regularly driven a bus of a size and type similar to that which the driver will be expected to drive, for a period of at least six months within the past three years, the applicant shall be required to complete four hours of approved behind-the-wheel training. The employer must have written acknowledgment from the applicant's previous employer verifying bus-driving experience if this exception is to be exercised. () School Bus Driver's Certificate. The Oregon Department of Education shall issue an original school bus driver's certificate to qualified individuals who meet the following requirements: (a) Has filed with the Oregon Department of Education an application or school bus permit conversion card provided by the Department, signed by an official designated by the local employer certifying that the driver: (A) Has completed the Core Course for school bus drivers within the last four years taught by a certified Core instructor approved by the Oregon Department of Education; (B) Possesses a valid first aid card that verifies that the applicant has completed at least the American Red Cross First Aid program requirements or an equivalent course that is consistent with US Department of Labor Occupational Safety and Health Administration Guidelines for First Aid Programs, Directive Number CPL -. effective January, 11. A valid first aid card shall be maintained at all times; (C) Has demonstrated the knowledge and ability to perform the duties of a school bus driver; (D) To the best of the local employer's knowledge, has not been convicted of any driving or criminal offense listed in OAR () which could prevent certification; and (E) Has a training record on file with the local employer meeting the requirements of the certificate being requested. (b) Possesses a valid permit; or: (A) Possesses a valid Commercial Drivers License with the proper endorsements for the vehicle being driven. The Oregon Department of Education may approve an out of state operator's license if it is consistent in provisions with the required Oregon license; (B) Has passed an approved physical examination within six months prior to application; (C) Has passed a behind-the-wheel test as prescribed by the Oregon Department of Education within one year of application. The certificate shall not be valid for operating a vehicle of a higher-class size than that authorized by the driver's Commercial Drivers License; (D) Has passed a check of driving and criminal records by the Oregon Department of Education; (E) Has completed a minimum of fifteen hours of approved behind-the-wheel training within one year of application by a trainer certified by the Oregon Department of Education. Hours of - -

3 behind-the-wheel training shall be those hours spent by the trainee with a certified trainer or an assistant approved by the Oregon Department of Education in actual operation of the vehicle or vehicles the applicant will be expected to drive. (F) Reads and speaks the English language sufficiently to converse with the general public; understands highway signs and signals in the English language; is able to respond to official inquiries and make entries on reports and records. (c) Exemption: If an applicant has regularly driven a bus of a size and type similar to that which the driver will be expected to drive, for a period of at least six months within the past three years, the applicant shall be required to complete four hours of approved behind-the-wheel training. The employer must have written acknowledgment from the applicant's previous employer verifying bus-driving experience if this exception is to be exercised. () Certificate Renewal. The Oregon Department of Education shall renew a school bus driver's certificate for the driver who: (a) Possesses, or has possessed within the last -month period, a valid Oregon School Bus Driver's Certificate; (b) Possesses a valid CDL with proper endorsements for the vehicle being driven. The Oregon Department of Education may approve an out of state operator's license if it is consistent in provisions with the required Oregon license; (c) Has passed an approved physical examination within six months prior to application; (d) Has passed a check of current driving and criminal records by the Oregon Department of Education; (e) Has filed with the Oregon Department of Education an application provided by the Department, signed by an official designated by the local employer certifying that the driver: (A) Has completed the Core or Core Refresher Course for school bus drivers within the last four years taught by a certified Core or Core Refresher instructor approved by the Oregon Department of Education; (B) Possesses a valid first aid card that verifies that the applicant has completed at least the American Red Cross First Aid program requirements or an equivalent course that is consistent with US Department of Labor Occupational Safety and Health Administration Guidelines for First Aid Programs, Directive Number CPL -. effective January, 11. A valid first aid card shall be maintained at all times; (C) Has completed Oregon Department of Education approved classroom training averaging at least eight hours annually while certified as a school bus driver during the preceding four-year period. - -

4 (f) Has been certified as able to satisfactorily perform the duties of a school bus driver by the official designated by the local employer on forms provided by the Oregon Department of Education; (g) To the best of the local employer's knowledge, has not been convicted of any driving or criminal offense listed in OAR () which could prevent certification; (h) Has training record on file with local employer that meets the requirements of the certificate being requested; (i) Makes application for a certificate within four months before expiration or within one year after expiration or suspension of a current certificate. Any driver whose school bus driver's certificate has been expired for months or more will be considered an original applicant: (j) The certificate shall not be valid for operating a vehicle of a higher-class size than that authorized by the driver's CDL. (A) Any driver need pass a behind-the-wheel test only once as long as the driver maintains a valid school bus driver's certificate; (B) Additional tests may be required by the Oregon Department of Education if reasonable doubt of driver competency exists. () Temporary Driver. A person who does not currently possess a valid school bus driver's certificate may be used temporarily if such driver: (a) Is judged competent by the local school authorities; (b) Possesses a valid CDL with proper endorsements for the vehicle being driven. The Oregon Department of Education may approve an out of state operator's license if it is consistent in provisions with the required Oregon license; (c) Possesses a valid medical card. (d) Is on a list of approved temporary drivers maintained by the Oregon Department of Education. A temporary driver must pass the same check of driving and criminal records as required for a certified school bus driver. The temporary driver shall meet all qualifications prescribed on the temporary driver application. This form must be signed by an authorized official of the school district and submitted to the Oregon Department of Education for approval. Approval as a temporary driver shall expire on July 1 annually; and (e) Temporary drivers shall not drive more than ten driving day in any school year. No temporary driver may be used for more than ten days in any school year without written permission from the Oregon Department of Education. - -

5 () Expiration: (a) Permits expire 0 days after issuance and may not be renewed. The holder of a valid permit may apply for a school bus driver's certificate at any time all requirements have been met for such certificate. (b) For applicants through years of age, a certificate issued on July 1 shall expire on July 1 two years later. For applicants years of age or older and persons with a diabetic condition as defined in OAR (1)(c), a certificate issued on July 1 shall expire on July 1 one year later unless a reduced time period is identified by the examining physician. Any certificate issued from March 1 through June 0 shall have the same expiration date as a certificate issued on the following July 1. Any certificate issued from July through the last day of February shall have the same expiration date as a certificate issued on the previous July 1. () Age Restrictions: To obtain an original school bus driver's certificate or permit or to renew a school bus driver's certificate following a person's 0th birthday, an applicant shall comply with all certification requirements and must successfully complete a Department of Education behindthe-wheel test within 0 days prior to the date of application. The test must be administered by a behind-the-wheel tester/trainer currently certified by the Department of Education. A copy of the test shall be attached to the application form. () Physical Examinations: (a) An applicant for a permit, certificate, or renewal must have passed an approved physical examination administered within six months prior to date of application by a physician or physician assistant licensed under ORS Chapter, a nurse practitioner certified under ORS., or a Chiropractic physician licensed under ORS Chapter. Physicians completing the required Oregon Department of Education forms for persons having a diabetic condition as defined in this rule, must be a Board Certified Endocrinologist, Board Certified Diabetologist, Board Certified Family Practitioner or Board Certified Internist; (b) In addition, a cardiac stress test shall be required with certificate application given any evidence of myocardial infarction within the past three months or unstable angina pectoris. The examining physician may also require a resting ECG or other testing as determined appropriate related to coronary insufficiency, thrombosis, or any other cardiovascular disease of a variety known to be accompanied by syncope, dyspnea, collapse or congestive heart failure; (c) Physical examination and certificate application forms adopted by the Oregon Department of Education shall be utilized by applicants for school bus driver's certificates. The Bureau of Motor Carrier Safety physical examination form effective January 1, 1, may be used in lieu of the physical examination forms adopted by the Oregon Department of Education. However, the examining health care professional's signature and appropriate checks must appear on School Bus Driver Application; (d) An applicant will be refused a school bus driver's permit or certificate unless such person possesses the minimum qualifications described below: - -

6 (A) Mental and physical condition: (i) No impairment of use of foot, leg, finger, hand or arm, or other structural defect or limitation, likely to interfere with safe driving or other responsibilities of a school bus driver. Drivers may be required to demonstrate ability to: open and close a manually operated bus entrance door control with a force of at least 0 pounds; climb and descend steps with a maximum step height of 1/ inches; operate two hand controls simultaneously and quickly; have a reaction time of / of a second or less from the throttle to the brake control; carry or drag a pound person 0 feet in 0 seconds or less; depress a brake pedal with the foot to a pressure of at least 0 pounds; depress a clutch pedal with the foot to a pressure of at least 0 pounds unless operating an automatic transmission; exit from an emergency door opening of x inches at least inches from the ground in ten seconds or less. Drivers must be physically able to open all emergency exits installed in any school bus they drive; (ii) No mental, nervous, organic, or functional disease or disability likely to interfere with safe driving or other responsibilities of a school bus driver. (B) Visual acuity of at least 0/0 (Snellen) in each eye either with or without corrective lenses and a binocular acuity of at least 0/0 (Snellen) in both eyes either with or without corrective lenses. Form field of vision shall not be less than a total of 0 degrees and the ability to distinguish colors red, green, and yellow. Drivers requiring corrective lenses shall wear properly prescribed lenses at all times while driving; (C) Hearing. First perceives a forced whispered voice in the better ear not less than five feet with or without the use of a hearing aid, or if tested by the use of an audiometric device, applicant shall not have average hearing loss in the better ear greater than 0 decibels at 00 Hz, 1,000 Hz, and,000 Hz with or without a hearing aid when the audiometric device is calibrated to American National Standard Z.-11. Drivers requiring a hearing aid shall wear such properly operating aid at all times while driving; (D) The driver shall not use to excess, or be addicted to alcoholic beverages, narcotics, or drugs. Compliance with any alcohol or drug screening requirements established by the Federal Highway Administration for commercial driver's license shall be maintained at all times; (E) Drivers who have had a loss of consciousness or loss of control (cognitive function) due to a diabetic event may not apply for a school bus certificate or permit for one (1) year, provided there has not been a recurrent hypoglycemic reaction requiring assistance of another person within the previous five () years. A period of one year of demonstrated stability is required following the first episode of hypoglycemia. (F) Drivers with a diabetic condition as defined in OAR (1)(c) shall comply with all the following requirements: (i) Self-monitor blood glucose and demonstrate conformance with requirements, more than 0mg/dl and less than 00 mg/dl, within one hour before driving pupil transporting vehicles and approximately every four hours while on duty using an FDA approved device; - -

7 (ii) Report immediately to their employer, any failure to comply with specific glucose level requirements as listed in (F)(i) and (v) of this rule, or loss of consciousness or control; (iii) Maintain a daily log of all glucose test results for the previous six month period and provide copies to his/her employer, the examining physician and the Oregon Department of Education upon request; (iv) Carry a source of readily absorbable/fast-acting glucose while on duty; (v) Undergo and submit physician-signed results of the HbA1c test indicating values more than. and less than. to their employer for transmission to the Oregon Department of Education every six months; (vi) Undergo and submit the results of annual examination to detect any peripheral neuropathy, unstable diabetic retinopathy or clinically significant eye disease that prevents the individual from meeting current vision standards included in this rule, or circulatory insufficiency; (vii) Provide a signed statement by the examining physician indicating that within the past three years the driver has completed instruction to address diabetes management and driving safety; signs and symptoms of hypoglycemia and hyperglycemia, and what procedures must be followed if complications arise; (viii) Submit all required Oregon Department of Education forms signed by the appropriate medical professionals within the prescribed timelines. (G) The driver is no longer qualified to operate a pupil-transporting vehicle and must be removed immediately from driving duties for the following: (i) Results of an HbA1c test indicating values less than.0 or greater than. unless accompanied by the required medical opinion that the event was incidental and not an indication of failure to control glucose levels; (ii) Results of self-monitoring indicate glucose levels less than 0 mg/dl or greater than 00 mg/dl, until self-monitoring indicates compliance with specifications; (iii) Experiencing a loss of consciousness or control relating to diabetic condition; (iv) Failing to maintain or falsifying the required records. (H) If the driver has severe hypertension (grade retinopathy), the driver is not qualified to operate a school bus; (I) The driver is not qualified to operate a school bus if he/she has an established medical history or clinical diagnosis of epilepsy or any other condition likely to cause loss of consciousness or any loss of ability to control a motor vehicle. This section is included to comply with Title CFR 1.1(b)(). - -

8 (e) In cases of serious illness, injury, or change in physical or mental condition which may impair ability to fulfill the duties and responsibilities of a school bus driver as required in OAR and those described in this rule, re-examination and medical approval are required prior to resumption of driving. () Driving and Criminal Records: (a) The Oregon Department of Education shall review the driving record of each applicant before a permit or certificate is issued or renewed. Applicants who have held a driver's license in a state other than Oregon anytime during the preceding three-year period shall furnish, upon request, a copy of the driving record from such state or states to the Oregon Department of Education at time of application; (b) The Oregon Department of Education shall review the criminal record of a driver upon original application for a permit, certificate or renewal; (c) An applicant shall be refused a school bus driver's certificate or a current certificate shall be suspended or revoked if the applicant or driver: (A) Has ever been convicted of crime listed in ORS.; (B) Has ever been convicted of a crime involving violence, threat of violence, or theft. This shall not apply if applicant or driver has been free from custody, probation and parole for the preceding three-year period from date of application; (C) Has ever been convicted of a crime involving activity in drugs or alcoholic beverages. This shall not apply if the applicant or driver has been free from custody, probation, and parole for the preceding three-year period from date of application; (D) Has had a driver's license suspended by the Division of Motor Vehicles of any state, within the preceding three year period, for a cause involving the unsafe operation of a motor vehicle or because of driving record; (E) Has been convicted within the preceding three-year period of: (i) Hit-and-run driving; (ii) Driving under the influence of intoxicants as defined in ORS.0; (iii) Reckless driving as defined in ORS.0; (iv) Fleeing or attempting to elude a police officer while driving a motor vehicle; (v) Failure to perform the legal duties of a driver involved in an accident or collision which results in injury or death of any person. - -

9 (F) Has had driving privileges revoked or suspended as a habitual offender under ORS This shall not apply if applicant or driver has had driving privileges restored under ORS 0.0 for the preceding three years; (G) Has a driving record for the preceding three-year period that has an accumulation of 1 or more points based upon the following point system: (i) Each chargeable accident and each conviction for a moving violation of traffic laws shall have a value of points. A chargeable accident is one in which the driver is answerable as the primary cause of, or chargeable with the result of an accident; (ii) One point shall be subtracted from the total number of points for each full month, since the last chargeable accident or conviction, to the time of driving record check; however, all subtracted points will be reinstated if any additional moving violation convictions or chargeable accidents occur within the three-year calculation period; () Refusals and Suspensions: (a) The Oregon Department of Education may refuse, suspend or revoke the certificate of a school bus driver for noncompliance with certification or physical requirements, giving false or incomplete information on application forms, or failure to comply with laws, rules and regulations applicable to school bus drivers. Applications with obvious incomplete or inaccurate information will be returned to the employer with no action taken regarding denial or approval; (b) The Oregon Department of Education shall suspend the driver's school bus driver certificate or permit immediately upon the receipt of appropriate documentation indicating that driver's failure to comply with any regulations identified in OAR ()(d)(E) and (F) related to persons with diabetes; (c) The Oregon Department of Education may reinstate a school bus driver certificate or permit if a driver provides or demonstrates the following: (A) Submit application for reinstatement with form 1--e; (B) Provide copies of blood sugar records for three months immediately prior to reinstatement application indicating stable blood sugars as certified by qualifying physician including a copy of a conforming HbA1c results for this period; (C) Drivers who have had certificates suspended/revoked for falsification of records may not apply for reinstatement for years; (D) Drivers who have had a loss of consciousness or loss of control due to a diabetic related episode may apply for reinstatement under the guidelines included in OAR ()(d)(E). - -

10 (d) Upon suspension or revocation, the certificate holder shall surrender the suspended or revoked certificate to the Oregon Department of Education; (e) Hearings on appeal for refusal, suspension or revocation of school bus driver's certificates shall be pursuant to ORS Chapter ; (f) A certificate may be suspended for any period up to 0 days. If conditions of the suspension have not been met within the suspension period, the certificate shall be revoked. () Change of Name, Address or Employer. Upon change of name, address or employer, a driver must notify the Oregon Department of Education within 0 days. A duplicate certificate will be issued if necessary. [Publications: Publications referenced are available from the agency.] Stat. Auth.: ORS.0 & ORS 0.0 ORS 0.0 Stats. Implemented: ORS.0, ORS 0.0, ORS 0. & ORS 0.0 ORS 0.0 Hist.: 1EB 1-1, f. -1-, ef. -1-; 1EB -1, f. & ef. --; 1EB -1, f. -0-, ef. -1-; 1EB -11, f. & ef. -1-1; 1EB -11(Temp), f. & ef. --1; 1EB -1, f. & ef. --; EB -1, f. & ef. --; EB -1, f. --, cert. ef. 1-1-; EB - 1, f. & cert. ef. -0-; ODE -1, f. & cert. ef. --; ODE 0-1, f. --, cert. ef. --; ODE -001(Temp) f. & cert. ef thru -1-01; ODE -00, f. & cert. ef