Not an official District document; independently assembled by David Weekly. May contain errors. Questions? Contact us.
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3542 AR Administrative Regulation

School Bus Drivers

Authority Students transported in a school bus or in a student activity bus shall be under the authority of, and responsible directly to, the driver of the bus. The driver shall be held responsible for the orderly conduct of the students while they are on the bus or being escorted across a street, highway or road. (5 CCR 14103) A bus driver shall have the authority to discontinue the operation of a school bus whenever he/she determines that it is unsafe to continue. Administrative regulations related to bus driver authority shall be made available to parents/guardians, students, teachers and other interested parties. (5 CCR 14103) Qualifications, Training and Monitoring All drivers employed to operate school buses or student activity buses shall possess, at a minimum, both of the following documents issued by the state Department of Motor Vehicles: (Education Code 39830.1; Vehicle Code 12517) - A valid driver's license for the appropriate class of vehicle to be driven - A certificate which permits the driver to operate either school buses or student activity buses, as applicable The Superintendent or designee may use an electronic fingerprinting system, managed by the California Department of Justice, to fingerprint an applicant for an original certificate to drive a school bus or student activity bus. (Vehicle Code 12517.3) The Superintendent or designee shall ensure that school bus drivers receive training which includes: - First aid practices (Vehicle Code 12522) - The proper actions to be taken in the event that a school bus is hijacked (Education Code 39831) - The proper installation of mobile seating devices in the bus securement systems (Education Code 56195.8) School bus drivers shall be subject to drug and alcohol testing in accordance with Board of Education policy and the requirements of federal law. The Superintendent or designee shall notify the Department of Motor Vehicles within five days whenever any school bus driver has tested positive for drugs or alcohol, is dismissed for a cause related to student transportation safety, or whenever a driver so dismissed has been reinstated. (Vehicle Code 1808.8, 13376) Responsibilities The school bus driver's primary responsibility is to safely transport students to and from school and school activities. He/she shall follow procedures contained in the district's transportation safety plan. The driver shall not require any student to leave the bus en route between home and school or other destinations. (5 CCR 14103) The driver shall stop to load or unload students only at school bus stops designated by the Superintendent or designee, or authorized by the Superintendent or designee for school activity trips. (Vehicle Code 22112) The driver shall activate the amber warning light system, flashing red signal lights and stop arm signal and shall escort students in accordance with Vehicle Code 22112. The driver shall immediately report all school bus accidents to the California Highway Patrol, the Superintendent or designee, and the driver's employer. (13 CCR 1219) The driver also shall report the following to the Superintendent or designee: - Recurring and serious student misbehavior - Parental and student complaints - Traffic violations - Consistently late school dismissals which cause transportation delays - Overload runs - Mechanical or other problems with buses and equipment

Legal & Management References

State
13 CCR 1200-1294 - Motor carrier safety
13 CCR 1212-1228 - School bus driver requirements
13 CCR 1234 - Reports regarding school buses and bus drivers
13 CCR 2480 - Vehicle idling; limitations
5 CCR 14103 - Authority of the driver
5 CCR 14104 - School bus driver instructor
Ed. Code 39800.5 - Qualifications of driver of 15-passenger van
Ed. Code 39830-39843 - School buses
Ed. Code 39875-39882 - Compensated driver requirements
Ed. Code 40080-40090.5 - Training required to obtain or renew bus driver certificate
Ed. Code 45125 - Use of personal identification cards to ascertain conviction of crime
Ed. Code 45125.1 - Criminal records summary; employees of contracting entity
Ed. Code 49406 - TB risk assessment
Ed. Code 56195.8 - Adoption of policies
Gov. Code 12954 - Employment discrimination; cannabis use
H&S Code 39640-39642 - Vehicle idling; penalties
Pen. Code 241.3 - Assault against school bus drivers
Pen. Code 243.3 - Battery against school bus drivers
Veh. Code 12516-12517.4 - Certification requirements
Veh. Code 12522 - First aid training for school bus drivers
Veh. Code 12810 - Traffic violation point counts; allocation of points
Veh. Code 12810.5 - Traffic violation point count; number for presumption of negligent operation; proof of financial responsibility
Veh. Code 13370-13371 - Suspension or revocation of bus driver certificate
Veh. Code 13376 - Driver certificates; revocation or suspension
Veh. Code 1808.8 - School bus drivers; dismissal for safety-related cause
Veh. Code 22112 - School bus signals; roadway crossings
Veh. Code 23123-23125 - Prohibitions against use of wireless telephone and text communications while driving; exceptions
Veh. Code 25257-25257.7 - School bus equipment
Veh. Code 2570-2574 - Contracts with private school bus contractors
Veh. Code 34500-34520.5 - Safety regulations
Veh. Code 415 - Definition of motor vehicle
Veh. Code 545 - School bus; definition
Veh. Code 546 - Definition of student activity bus
Federal
49 CFR 382.101-382.727 - Controlled substance and alcohol use and testing
49 CFR 396.1-396.25 - Inspection, repair, and maintenance
49 CFR 40.1-40.413 - Procedures for transportation workplace drug and alcohol testing programs
49 CFR 571.222 - Federal motor vehicle safety standard #222
Management Resources
Dept. of Motor Vehicles Publication - California Commercial Driver Handbook
Nat'l Highwy Traffic Safety Admin. Pub. - School Bus Driver In-Service Safety Series, October 2011
Website - CSBA District and County Office of Education Legal Services
Website - California Department of Motor Vehicles
Website - National Transportation Safety Board
Website - U.S. Department of Transportation, National Highway Traffic Safety Administration
Website - California Air Resources Board Zero Emission School Bus and Infrastructure Program
Website - California Department of Education, Office of School Transportation
Website - California Attorney General's Office
Website - California Highway Patrol

Cross References