Title 5-DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION
Division 30-Division of Administrative and Financial Services
Chapter 261-Pupil Transportation
5 CSR 30-261.045 Pupil Transportation in Vehicles Other Than School Buses
PURPOSE: Section 304.060, RSMo, authorizes vehicles other than approved school buses to be used for transportation of students. This rule establishes standards for transportation in other than approved school buses.
(1) Requirements for transportation of students in vehicles designed for transporting more than ten (10) passengers including the driver.
(A) After July 1, 2001, newly purchased, newly leased, newly placed into service, newly contracted vehicles or vehicles replaced under contracted services with a rated capacity, as defined by the manufacturer, to carry more than ten (10) passengers including the driver that are used to transport students to or from school or to transport students to or from any place for educational purposes or school purposes shall meet state and federal specification and safety standards applicable to school buses. Contract common carriers meeting federal Department of Transportation standards may be used for field trips as outlined in section (3) of this rule.
(2) Requirements for transportation of students in vehicles designed for transporting ten (10) passengers or less including the driver.
(A) The number of passengers, including students and driver, that may be transported at any one (1) time shall be limited to the number the manufacturer suggests as appropriate for that vehicle in accordance with section 304.060, RSMo, or if not posted in the vehicle, then limited to the number of seat belts in the vehicle.
(B) The driver and each passenger shall be properly secured with the appropriate seat restraint at all times while the vehicle is in motion.
(C) Motor vehicles designed for enclosed passenger transportation may be used subject to approval by the local board of education.
(D) Motor vehicles shall be licensed according to law and shall display a current state safety inspection sticker.
(E) The driver of a district owned or district contracted vehicle shall have a valid Missouri operator’s license for the motor vehicle and comply with section 302.272, RSMo, and 5 CSR 30-261.010(2)(A)1.-3., not to include a parent or guardian transporting only their children under a written contract with the district and who is not compensated by the district. The parent or guardian shall have a valid Missouri operator’s license for the vehicle operated as per 5 CSR 30-261.010(2)(A).
(F) The driver of a privately owned vehicle who is not compensated by the school district to transport students to and from school or school related events shall have a valid Missouri operator’s license for the vehicle operated as per 5 CSR 30-261.010 (2)(A). This shall include any person who transports school children as an incident to employment with a school or school district, such as a teacher, coach, administrator, secretary, school nurse, or janitor unless such person is under contract with or employed by a school or school district as a school bus operator as per section 302.010 (19), RSMo. Compensation shall be defined for the purpose of this section as any reimbursement received by the driver that exceeds the average cost of operating a car per mile as established by the American Automobile Association.
(G) Motor vehicles shall have liability insurance coverage in accordance with section 537.610, RSMo, and as required by the local board of education.
(H) When transportation service in motor vehicles other than those licensed as school buses is contracted, there shall be a written contract between the district and the individual or firm providing the service.
(3) Requirements for Transportation of Students in Authorized Common Carriers.
(A) Authorized common carriers shall only be used to transport students to and from field trips or other special trips for educational purposes and shall not be used to transport students to and from school. Authorized common carriers, as used in this rule, are over-the-road intercity-type coaches equipped with reclining seats, air conditioning and restroom facilities, and holding authority from the Missouri Department of Economic Development, Division of Motor Carrier and Railroad Safety, or the Federal Motor Carrier Safety Administration.
(B) There shall be a written contract between the district and individual or firm providing the vehicle.
(C) All contracts with authorized common carriers shall include:
1. Proof of liability insurance in the amount of five (5) million dollars per accident; and
2. Proof of safety inspection and compliance with applicable Federal Motor Carrier Safety Regulations.
(D) The driver of an authorized common carrier shall hold a valid Missouri commercial driver’s license or a similar license valid in any other state and shall comply with all applicable driver qualifications of the Federal Motor Carrier Safety Regulations.
AUTHORITY: section 304.060, RSMo 1994.* This rule was previously filed as 5 CSR 40-261.045. Original rule filed Sept. 15, 1977, effective Jan. 16, 1978. Amended: Filed July 23, 1987, effective Oct. 25, 1987. Amended: Filed May 23, 1991, effective Dec. 9, 1991. Amended: Filed Aug. 31, 1992, effective April 8, 1993. Emergency rule filed June 26, 1996, effective July 6, 1996, expired Jan. 1, 1997. Amended: Filed July 9, 1996, effective Feb. 28, 1997. Rescinded and readopted: Filed March 22, 2000, effective Oct. 30, 2000.
*Original authority: 304.060, RSMo 1949, amended 1977, 1987, 1992. |
