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Regulations of Connecticut State Agencies (Last Updated: June 14,2023) |
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Title14 Motor Vehicles. Use of the Highway by Vehicles. Gasoline |
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SubTitle14-275c-1_14-275c-53. Minimum Requirements for Inspection, Maintenance and Repair of School Buses and Student Transportation Vehicles |
SubTitle14-275c-1_14-275c-53. Minimum Requirements for Inspection, Maintenance and Repair of School Buses and Student Transportation Vehicles
| Sec. 14-275c-1. [Repealed] |
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Repealed January 25, 1994. |
| Sec. 14-275c-2. No smoking |
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The smoking of or carrying of a lighted cigar, cigarette or pipe by the driver or passengers of a school bus is prohibited. |
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(Effective August 19, 1974) |
| Sec. 14-275c-3. Driver to safeguard children |
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The school bus driver shall apply all reasonable measures to safeguard the children when they are riding on the bus and getting on and off the bus. |
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(Effective August 19, 1974) |
| Sec. 14-275c-4. Driver not to leave seat |
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The driver of a school bus shall not leave his or her seat while the motor is running. |
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(Effective August 19, 1974; Amended June 28, 2010) |
| Sec. 14-275c-5. Passengers in excess of seating capacity prohibited |
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The driver of any vehicle used for the transportation of school children shall not take on any extra passengers after the rated seating capacity has been reached. |
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(Effective August 19, 1974) |
| Sec. 14-275c-6. Passengers not to be taken on or discharged while vehicle in motion |
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The driver of any motor vehicle used for the transportation of school children shall not take on or discharge passengers while the vehicle is in motion. |
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(Effective August 19, 1974) |
| Sec. 14-275c-7. Crossing railway tracks |
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Before crossing any railway tracks at grade, the driver of every school bus shall stop the bus, open the door, look and listen, close the door; and when safe to do so, may then proceed with caution across the tracks. Gears shall not be shifted while passing over any such crossing. |
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(Effective August 19, 1974) |
| Sec. 14-275c-8. Stopping of bus |
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The driver shall not stop his or her bus on the main traveled portion of the roadway when discharging or boarding passengers when existing shoulders or adequate roadway width is available or when curbs, bus stops or special facilities exist. |
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(Effective August 19, 1974; Amended June 28, 2010) |
| Sec. 14-275c-9. Signaling on stopping, and preparing to receive or discharge passengers |
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The driver, when about to bring his or her bus to a stop to receive or discharge passengers, shall signal his or her intention to do so by turning on the appropriate school bus warning lights no less than fifty (50) feet before bringing the bus to a stop. When said driver has brought the school bus to a stop, he or she shall not open the entrance door far enough to discharge or receive passengers until the vehicle's transmission has been placed in neutral, the parking brake has been engaged, and it is clear, to said driver, that vehicles approaching and overtaking the bus have stopped in recognition of his or her signal. |
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(Effective August 19, 1974; Amended June 28, 2010) |
| Sec. 14-275c-10. Stop signal to be switched off |
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After all passengers to be taken on are safely aboard the bus and all discharged passengers are safely off the traveled portion of the roadway, the driver shall switch off the school bus warning signals. If the driver intends to remain stationary in any position on the highway for an extended period of time and not take on or discharge passengers during that time, he or she shall make certain that no stop signals are visible so that the operators of vehicles approaching and overtaking the bus may know that they may safely and legally pass the bus. |
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(Effective August 19, 1974; Amended June 28, 2010) |
| Sec. 14-275c-11. Use of emergency door |
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The emergency door shall not be used as an entrance or exit by passengers except in case of emergency or practice school bus evacuation drills. |
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(Effective August 19, 1974) |
| Sec. 14-275c-12. [Repealed] |
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Repealed June 28, 2010. |
| Sec. 14-275c-13. Daily physical requirements |
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In addition to the requirements of 49 CFR 391.41, as amended, a school bus driver shall drive a school bus only on days when he or she has: (1) Enough physical strength to handle the bus with ease. (2) Full and sufficient use of both hands and feet, unless a qualified physician states that the lack of such use is not a handicap to the school bus driver. (3) Freedom from a communicable disease of extraordinary nature. (4) Freedom from any disease or injury which impairs the ability to drive. (5) Freedom from the use of medication which may impair ability to drive. (6) Freedom from the effects of alcohol and other drugs. (7) Freedom from mental, nervous, organic, or functional disease, likely to interfere with safe driving. |
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(Effective August 19, 1974; Amended June 28, 2010) |
| Sec. 14-275c-14—14-275c-15. [Repealed] |
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Repealed June 28, 2010. |
| Sec. 14-275c-16. Pupil instruction |
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At least twice during each school year, each pupil shall be instructed in safe riding practices, and participate in emergency evacuation drills. Precautions shall be taken to prevent accidental injuries. Responsibility for compliance with this section shall rest with the school administration. |
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(Effective August 19, 1974) |
| Sec. 14-275c-17. Driver's seat belt |
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A school bus driver shall not engage the transmission or place the vehicle in motion unless the seat belt provided is securely buckled around him or her. |
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(Effective August 19, 1974; Amended June 28, 2010) |
| Sec. 14-275c-18. Backing |
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Backing of the school bus shall be avoided, if possible. When backing maneuvers cannot be avoided, children shall be retained inside the bus. If there are children outside the bus, no backing maneuver shall be made unless a competent adult observer is on hand to direct the maneuver. |
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(Effective August 19, 1974) |
| Sec. 14-275c-19. Driver's view |
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The school bus driver shall assure himself or herself that he or she has a clear and unobstructed view of all traffic and pedestrian conditions which affect the safe operation of his or her bus. |
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(Effective August 19, 1974; Amended June 28, 2010) |
| Sec. 14-275c-20. Access to emergency equipment and exits |
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The school bus driver shall at all times maintain a clear and unobstructed path to emergency equipment and exits from the vehicle. |
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(Effective August 19, 1974) |
| Sec. 14-275c-21. Transporting items |
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No books, chairs, seats, instruments, equipment or articles shall be transported in the school bus driver's compartment or placed in the school bus aisles. |
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(Effective August 19, 1974) |
| Sec. 14-275c-22. Driver to secure bus when leaving |
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If the driver leaves the bus when student passengers are inside, he or she shall set the parking brake, turn the motor off, remove the ignition key, use the appropriate emergency equipment and assure himself or herself that disciplined behavior will be maintained. Said driver shall not leave the immediate vicinity of a bus if there are student passengers aboard. |
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(Effective August 19, 1974; Amended June 28, 2010) |
| Sec. 14-275c-23—14-275c-25. [Repealed] |
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Repealed March 27, 1991. |
| Sec. 14-275c-26. Definition |
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"Special education child" means a child who requires special education and related services as determined by a board of education pursuant to section 10-76d-6 of the Regulations of Connecticut State Agencies. |
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(Effective February 26, 1982; Amended June 28, 2010) |
| Sec. 14-275c-27. Special education vehicles |
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No carrier, as defined in Section 14-212 of the Connecticut General Statutes, shall transport a special education child in any motor vehicle other than one meeting the requirements of Sections 14-275c-26 through 14-275c-35, inclusive, of the Regulations of Connecticut State Agencies which are applicable to such motor vehicle. |
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(Effective February 26, 1982; Amended June 28, 2010) |
| Sec. 14-275c-28. Use of school bus |
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Each school bus that is used to transport special education children shall be in compliance with Section 14-275c of the Connecticut General Statutes and Sections 14-275c-1 through 14-275c-22, inclusive, of the Regulations of Connecticut State Agencies as are applicable to school buses of such design. |
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(Effective March 27, 1991; Amended June 28, 2010) |
| Sec. 14-275c-29. [Repealed] |
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Repealed June 28, 2010. |
| Sec. 14-275c-30. Equipment of vehicles |
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Each motor vehicle used by or on behalf of a regional or local board of education to transport special education children shall have the following equipment: (a) Interior lighting. Each motor vehicle shall be equipped with overhead lighting located either in the ceiling area or above the mid height at each side and the light source shall be of sufficient intensity and configuration to produce a minimum incident light reading of four (4) foot candles measured at any interior location one (1) foot from each light source using a photoelectric photometer or equivalent light intensity meter having an accuracy of plus or minus two (±2) foot candles. (b) Fire extinguisher. Each motor vehicle shall be equipped with one pressurized, dry chemical-type extinguisher, readily accessible to the driver. The fire extinguisher shall be of a type approved by the Underwriters Laboratories, Inc., with a rating of not less than 10-B.C. The operating mechanism shall be sealed with a type of seal that will not interfere with the use of the extinguisher. It shall be equipped with a readily visible pressure gauge having a dial face not less than one (1) inch in diameter or equivalent area indicating: (1) The actual pressure in pounds per square inch (psi) within the extinguisher case; and (2) The fully charged safe operating pressure range for the extinguisher as established by the manufacturer. (c) First aid kit. Each motor vehicle shall carry a first aid kit, removable and readily identifiable, mounted in full view, the contents of which shall include but not be limited to the following: (1) Four-inch bandage compress – four (4) each; (2) Two-inch bandage compress – six (6) each; (3) One-inch adhesive bandage – thirty-two (32); (4) Forty-inch (40″) triangular bandage with two (2) safety pins - one (1) package; (5) Wire splint - one package; (6) Tourniquet - one package; (7) Burn ointment; (8) A recognized fluid skin antiseptic except preparations containing iodine or phenol (carbolic acid); and (9) A flashlight. (d) Warning devices. Each motor vehicle shall carry at least three (3) red emergency reflectors which comply with 49 CFR 571.125. (e) Flashlight. Each motor vehicle shall carry a flashlight (f) Seatbelt cutter. Each motor vehicle shall carry a seatbelt cutter. |
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(Effective February 26, 1982; Amended June 28, 2010) |
| Sec. 14-275c-31. Special devices |
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If any motor vehicle, including a school bus, used to transport special education children, is equipped with any of the special devices described below, such device or devices shall meet or exceed the requirements established herein: (a) Lifts. If a power or manually operated lift is provided, it shall be capable of reliably and safely raising and lowering a wheelchair and added ballast having a combined weight of no less than six hundred (600) pounds. The lift platform shall have a minimum usable width of not less than thirty (30) inches and a minimum usable length of not less than forty-two (42) inches except that the commissioner may approve a lift having a minimum usable width of not less than twenty-six (26) inches and a minimum usable length of not less than thirty-six (36) inches if he/she determines that such lift is adequate for the service which will be performed by the vehicle on which it is installed. The lift platform shall be constructed or covered in a manner to provide protection against slipping and skidding of personnel and wheelchairs. The lift platform shall be equipped with protective curbing on each side in the passage direction no less than one (1.0) inch in height above the platform surface. The platform surface between the curbing shall be unencumbered with wiring, tubing, switches or other material. The ramp slope in the passage direction shall not exceed ten degrees (10.0°) (17.6%) in any lift position when loaded with wheelchair and occupant. A self-adjusting steel or equivalent ramp transition plate shall be provided to allow smooth wheelchair passage from ground level onto the lowered lift platform; the transition plate shall raise to a position perpendicular to the platform plus or minus twenty degrees (±20°) and latch to provide a roll off barrier for the wheelchair. A power-operated lift shall be capable of being opened and lowered at least one time in the event of power loss to the lift. All electrical controls and wiring shall be weather proof. The electrical system of the vehicle shall be capable of supporting the electrical requirements of the lift without reducing the electrical demands of the vehicle. (b) Ramps. If a ramp is provided it shall be capable of supporting a minimum total weight of six hundred pounds (600 lbs). It shall be equipped with protective flanges on each longitudinal side sufficient in height to prevent a wheelchair from accidentally falling off the side of the ramp. The ramp surface shall be composed of or covered with a non-skid material. The ramp shall be of a weight that would permit the driver to set it in place and return it to its storage compartment. When the ramp is in use, it shall be securely fastened to the side of the vehicle to prevent accidental detachment. The ramp shall be connected to the vehicle floor level in such a manner to permit easy access for wheelchairs. The ramp shall be of sufficient length so that the slope shall not exceed thirty degrees (30°). If the ramp is to be stored under the vehicle chassis, the ramp shall be provided with a dust-proof, waterproof compartment. When the ramp is in the storage position, it shall be secured to prevent it from becoming accidentally dislodged while the vehicle is in motion. (c) Special seating. Special seating arrangements may be provided for vehicles transporting handicapped children, and shall be appropriate to the needs of those being transported. Such seating arrangements must be approved by the commissioner of motor vehicles. Each handicapped child shall be provided a minimum of fifteen inches (15″) of seating width and a minimum of twelve inches (12″) fore and aft. Each seat shall be fully padded on the seating surface. Where a seat back is so situated that it is in front of another seat, padding shall be affixed to the uppermost part and the top rear edge of the seat back. Each handicapped child shall be provided with a seat restraint system that will adequately restrain the individual without causing physical injury. (d) Wheelchair anchorages. For those special education children confined to a wheelchair, a restraint system shall be provided for the occupant of the wheelchair which will effectively maintain his or her position in the wheelchair, and a restraint system shall be provided which will effectively maintain the position of the wheelchair within its designated position in the vehicle. (e) Special service doors. These doors may be of the hinged swing type or sliding-type single door with a minimum clear opening of forty-five inches (45″) in width and forty-six inches (46″) in height. |
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(Effective February 26, 1982; Amended June 28, 2010) |
| Sec. 14-275c-32. Inspection |
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Before being placed in service and annually thereafter each motor vehicle used by a carrier to transport special education children shall pass an inspection conducted by the Department of Motor Vehicles. |
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(Effective February 26, 1982; Amended June 28, 2010) |
| Sec. 14-275c-33. Maintenance |
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Maintenance and repair records shall be available at the request of the Department of Motor Vehicles for each motor vehicle used by a carrier to transport special education children. A separate record shall be maintained on each motor vehicle. Each record shall identify the motor vehicle by year, make or model, registration number and vehicle identification number. Routine maintenance shall be conducted on a schedule as recommended by the vehicle manufacturer. |
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(Effective February 26, 1982; Amended June 28, 2010) |
| Sec. 14-275c-34. Operator licensing |
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Each person operating a motor vehicle used by a carrier for transporting special education children shall hold an appropriate public service operator's license in accordance with Section 14-36a of the Connecticut General Statutes. |
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(Effective March 9, 1984; Amended June 28, 2010) |
| Sec. 14-275c-35. Operation |
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The following requirements shall apply to all motor vehicles used by a carrier for the transportation of special education children. (a) Smoking. The smoking of or carrying of a lighted cigar, cigarette or pipe by the driver or passengers of a school bus is prohibited. (b) Passenger security. The operator shall apply all reasonable measures to seat and restrain each child while a passenger on the vehicle. (c) Railroad crossings. Each motor vehicle used by a carrier shall stop at all railroad crossings as required by section 14-250 of the Connecticut General Statutes. (d) Vehicle in motion: The operator shall not take on or discharge any passenger while the vehicle is in motion. |
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(Effective January 21, 1983; Amended June 28, 2010) |
| Sec. 14-275c-36. Scope |
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This regulation specifies minimum standards for the inspection, maintenance and repair of school buses and other Connecticut registered motor vehicles used for the transportation of school children, including special education students. It also establishes sanctions for noncompliance with the standards by owners, registrants and operators of such vehicles. |
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(Effective March 27, 1991) |
| Sec. 14-275c-37. Definitions |
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As used in Sections 14-275c-38 through 14-275c-43, inclusive, of the Regulations of Connecticut State Agencies, the following words and phrases shall have the following meanings: (1) Carrier: shall have the same meaning as provided in section 14-212 of the Connecticut General Statutes; (2) Commissioner: the Commissioner of Motor Vehicles or his or her authorized representative; (3) Department: the Department of Motor Vehicles; (4) Driver: the duly licensed operator of a school bus or student transportation vehicle (STV); (5) DVIR: the driver's vehicle inspection report; (6) Inspect: to view closely and critically in order to ascertain, in accordance with accepted inspection standards, if the vehicle is in proper mechanical condition and all manufactured systems, including safety features, are intact; (7) Inspection Procedure: the department's most updated publication entitled "School Transportation Vehicle Inspection Guideline", as the same may be revised and updated, which describes a step-by-step process for inspecting a student transportation vehicle; (8) Inspection Standards: includes (1) the standards published in the department's most updated publication entitled "School Transportation Vehicle Inspection Guideline" and insofar as the standards may be applied under field conditions using ordinary visual and manual inspection techniques and (2) equipment and performance standards established by any provision of Title 14 of the Connecticut General Statutes; (9) Inspector: any inspector of the Department of Motor Vehicles, with powers set forth in Section 14-8 of the Connecticut General Statutes; (10) Maintain: to preserve from operational failure or decline; to keep in a state of repair and good working order; (11) Operated: in the possession, control and use of the carrier, regardless of whether the vehicle is owned by the carrier; (12) Repair: to restore by replacing a part or putting together what is torn, broken or otherwise malfunctioning; (13) School Bus: any motor vehicle so defined in Section 14-275 of the Connecticut General Statutes and the construction standards for which are set forth in the Regulations of Connecticut State Agencies; (15) Student Transportation Vehicle: shall have the same meaning as provided in Section 14-212 of the Connecticut General Statutes; (16) STV: student transportation vehicle; and (17) Vehicle: any school bus or student transportation vehicle. |
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(Effective March 27, 1991; Amended June 28, 2010) |
| Sec. 14-275c-38. Inspection and maintenance required |
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(a) Every carrier shall systematically inspect, maintain and repair every school bus and student transportation vehicle (STV) which it owns or operates. Such inspection and necessary repairs shall be performed by the carrier in accordance with the published inspection standards in regular intervals not to exceed three (3) months. Routine maintenance shall be conducted on a schedule as recommended by the vehicle manufacturer. (b) Said regular inspection, maintenance and repair shall pertain to and include the following: brakes; tires and wheels; suspension and steering; lighting and electrical equipment; vehicle glazing; body and sheet metal; fuel system and exhaust; and additional parts and accessories which may affect safe operation, including but not limited to frame and frame assemblies, axles and attaching parts. Carriers shall be responsible for compliance of their vehicles with the construction requirements set forth in the Regulations of Connecticut State Agencies. (c) In addition to the foregoing requirements, pushout windows, emergency doors, emergency door marking lights, seats and seat belts, as may be required, shall be inspected by the carriers at least once every ninety (90) days and shall be repaired and kept in good working order at all times. (d) Inspection, maintenance and repair as herein required shall be conducted by or performed under the supervision of a qualified mechanic who has thorough knowledge of the inspection standards and inspection procedure of the department. A qualified mechanic is a person who is knowledgeable and experienced in the technical specialty in which the inspection, maintenance or repair of the vehicle, its parts or equipment, is conducted or to be conducted. If such work is performed by a repair facility licensed under Section 14-52 of the Connecticut General Statutes, the work shall be reviewed by a qualified mechanic. (e) Copies of the "School Transportation Vehicle Inspection Guideline" shall be made available without cost at the department. (f) A motor vehicle not used for the business of transporting school children but otherwise used for transporting school children and for which mileage or other compensatory remuneration is paid by any local or regional board of education or other authority responsible for primary, secondary or special education, and which vehicle is not subject to the provisions of subsections (a), (b), (c) and (d) of this section, shall be presented for inspection at least once during each calendar year at any designated state motor vehicle inspection facility. |
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(Effective March 27, 1991; Amended June 28, 2010) |
| Sec. 14-275c-39. Required records |
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(a) For all school buses or STVs owned, leased and/or operated for thirty (30) calendar days or more, the carrier shall keep and maintain the following written records with respect to each vehicle: (1) Identification of the vehicle including registration number, company number, vehicle identification number, year of manufacture and tire size. If the vehicle is not owned by the carrier, the carrier shall retain and have available all documents pertaining to its right to use and operate the vehicle, which documents shall identify ownership and other interests; (2) Schedule of the nature and due date of the various inspection and maintenance operations; (3) Record of all inspections, maintenance and repairs, including date, description, parts replaced and vehicle mileage in accordance with Section 14-275c-38 of the Regulations of Connecticut State Agencies. Such records shall be maintained in a format that is capable of being reviewed by the commissioner; (4) Lubrication record including vehicle mileage; and (5) Dates and results of tests conducted on pushout windows, emergency doors, emergency door marking lights, and all other vehicle lighting systems. (b) All required records shall be available for inspection at the principal place of business in Connecticut of the carrier, and the carrier shall permit such inspection by the commissioner at any time during customary business hours. If the STVs owned and operated by the carrier are not located at the carrier's principal place of business, the carrier shall make records available for inspection at the central or primary location where the vehicles are parked or garaged, at the time of a scheduled vehicle or vehicles inspection. (c) All required records shall be retained for a period of not less than two (2) years for each vehicle the carrier owns or operates. If the subject vehicle ceases to be owned and/or operated by the carrier, the carrier shall be responsible to transfer the records to any new owner or operator. Records may be discarded six (6) months after a vehicle is permanently removed from the road or its use as a school bus or STV is permanently discontinued. (d) The commissioner may from time to time request in writing that the carrier provide to the department copies of the inspection, maintenance and repair records for a vehicle or vehicles required to be retained by the carrier. The carrier shall provide such documents to the department within fifteen (15) days of receipt of such request. |
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(Effective March 27, 1991; Amended June 28, 2010) |
| Sec. 14-275c-40. Inspections by the department |
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(a) Time for inspection. (1) Any inspector of the department may conduct an inspection of a school bus or STV at any reasonable time which does not conflict with the contractual obligations of the carrier, or upon reasonable belief that the vehicle may not be compliant with the Regulations of Connecticut State Agencies or the Connecticut General Statutes and may for this purpose enter upon the property of the carrier or other location where the subject vehicle is parked, garaged, or located, as authorized by Section 14-275 of the Connecticut General Statutes. (2) The department may notify a carrier of a scheduled inspection of any or all of its school buses or STVs by giving at least five (5) days advance notice to the carrier. Saturdays, Sundays or state or federal holidays shall not be counted in computing the recommended notice. (b) Inspection. The inspection shall be conducted by an authorized department inspector in accordance with the current federal and state statutes and regulations, and the current inspection standards and inspection procedure. The carrier shall make available a relatively level paved surface of sufficient area to perform an inspection. A form provided by the commissioner shall be used to record the results of school bus or STV inspections. The form shall indicate the date of inspection, and shall be signed and attested as true, accurate and complete by the inspector. A copy of the report shall be furnished to the carrier. (c) Procedure following inspection. (1) Following inspection, the inspector shall apply a Student Transportation Vehicle Inspection Control (STVIC) sticker to the windshield of the vehicle and shall indicate on the sticker the year of inspection, the quarter of the year in which the inspection took place, the class of the vehicle, and the STVIC control number used on the inspection form. (2) The inspector shall declare and mark "out-of-service" any school bus or student transportation vehicle which, by reason of any defect or combination of defects in its mechanical, structural or safety-related systems and equipment, is more likely to suffer an accident or breakdown than a properly maintained and repaired vehicle of the same class and type. The inspector shall mark the vehicle with a sticker bearing the legend "out-of-service." The "out-of-service" sticker shall be affixed to the front windshield of the subject vehicle, and shall not be removed by the carrier or any other person prior to the completion of all repairs required by the "out-of-service" notice. (3) An inspector may also declare and mark out-of-service" any school bus or STV which cannot be fully inspected due to refusal by a carrier to permit an inspection at any reasonable time which does not conflict with the contractual obligations of the carrier, or to undue interference with the inspection procedure by a carrier or a person connected therewith. (4) If, during a scheduled inspection as provided in subsection (a) (2) of this section, a defect is found in any school bus or STV in connection with its brakes, steering, suspension, tires or exhaust which will cause the school bus or STV to be more likely to suffer an accident or breakdown than a properly maintained and repaired vehicle of the same class and type, such vehicle or vehicles may be declared and marked out-of-service." (5) If an inspector, during a scheduled inspection, finds an alleged defect or defects in a school bus or an STV of the type described in subdivision (4) of this subsection, and if the carrier disagrees with the finding(s) of the inspector, the carrier may: (A) Request, in writing, a reinspection by a supervising inspector of the department of any such vehicle(s). The request shall be mailed to the Department of Motor Vehicles, Office of Commercial Vehicle Safety, 60 State Street, Wethersfield, CT 06161. Such reinspection shall be performed by the department within a reasonable time not exceeding five (5) working days from receipt of the request, and the finding of the supervising inspector shall be final; or (B) At its own expense have the vehicle(s) inspected by an authorized dealer and provide to the department at the above address a written report by the dealer certifying that the vehicle(s) conforms to the department's inspection guidelines and is safe for operation. Such inspection and report shall be limited to the alleged defect(s) which is disputed by the carrier. The carrier will not be subject to any sanction for such alleged defects. An authorized dealer means a franchised dealer for the make and type of vehicle chassis in question. (6) Until reinspection in accordance with subdivision (5), subparagraph (A) of this section, or receipt by the department of the written report in accordance with subdivision (5), subparagraph (B) of this section, all vehicles shall remain "out-of-service" if so declared and marked by the original inspector. (d) Subject to the sanctions hereinafter stated in Section 14-275c-42 of the Regulations of Connecticut State Agencies, the carrying of passengers in any school bus or STV that has been declared and marked "out-of-service" is hereby prohibited. A school bus or STV that has been declared "out-of-service" because of a defect in its brakes, steering, suspension, tires or exhaust, or because of any other inherently dangerous condition, shall not be operated on any highway. (e) When a school bus or STV is declared and marked "out-of-service", the inspector shall furnish to the carrier a notice stating the defects or conditions found and the nature of the repairs or maintenance that must be performed in order for the "out-of-service" designation to be removed. The carrier shall repair the defect(s) and/or condition(s) in the notice within ten (10) days after the inspection. The carrier shall thereupon submit to the department, within five (5) days after making the repair(s), on a form approved by the commissioner, a signed report certified under penalty of false statement that all defects noted during the inspection have been repaired or corrected. If the carrier does not repair all defects and/or conditions on the notice within ten (10) days after the inspection, the carrier shall submit to the department within fifteen (15) days after the inspection a report explaining the cause of the delay in repairing the vehicle, together with a statement signed under penalty of false statement that the vehicle will not be operated on the highway or for carrying passengers until all repairs have been completed. When the repairs are completed the carrier is authorized to remove the "out-of-service" sticker and shall report to the department that such repairs are completed. The vehicle shall then be eligible to resume highway operation and to carry passengers. After the department receives a report of completion of required repairs and maintenance, with respect to any vehicle previously declared "out-of-service", it may in its discretion conduct a reinspection at any reasonable time in order to verify the report. If the inspector finds that the required work was not performed or was not completed in a satisfactory manner he or she shall once again declare the vehicle "out-of-service." (f) If a school bus or STV has been inspected in accordance with this section and is found to have a defect(s) which does not require the vehicle to be declared and marked "out-of-service", the carrier shall repair the defect(s) within ten (10) days after the inspection. The carrier shall thereupon submit to the department, within five (5) days after making the repair(s), on a form approved by the commissioner, a signed report under penalty of false statement that all defects noted during the inspection have been repaired or corrected. If any defect(s) cannot be repaired within such time, the signed report shall so state and shall explain the cause of the delay and the steps that will be taken to repair such defect(s). Upon receipt of such signed report, the commissioner may declare such vehicle "out-of-service" until such defect(s) is repaired upon a finding that continued operation of such vehicle poses a hazard. (g) If a school bus or STV has been inspected in accordance with this section and is found to have both an "out-of-service" defect(s) and a defect(s) which does not require the vehicle to be declared and marked "out-of-service", the carrier shall repair all defects and shall file reports as required in subsections (e) and (f) of this section. |
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(Effective September 23, 1992; Amended June 28, 2010) |
| Sec. 14-275c-41. Driver's vehicle inspection report (DVIR) |
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(a) Every carrier shall require its driver or each of its drivers, whichever is applicable, to prepare and submit to the carrier a written report, on a daily basis, with respect to each school bus or STV operated by said driver or drivers. The report shall identify the vehicle and list any defects or deficiencies discovered during each driver's pre-trip and post-trip inspections or otherwise known to the driver which could affect safety of operation, safety of passengers, or result in a mechanical failure or breakdown. Before driving a vehicle, the driver shall be satisfied that the vehicle is in safe operating condition. If no such defects or deficiencies are discovered or become known, the report shall so state. The report shall be signed and dated by the driver, attesting to its completion and accuracy, and shall be signed by the carrier, through its authorized agent or employee, in acknowledgment of its receipt. (b) The DVIR required by subsection (a) of this section shall include explicit reference to the following parts, accessories or mechanical systems: (1) Service brakes; (2) Parking brake; (3) Steering mechanism; (4) Lighting devices and reflectors; (5) Tires; (6) Horn; (7) Windshield wipers; (8) All mirrors; (9) Wheels and rims; and (10) Emergency equipment. (c) The DVIR shall also require the driver to list and identify problems with respect to other components, systems, or aspects of vehicle on-road performance that in the judgment of the driver comprise a defect or deficiency of the type referred to in subsection (a) of this section. (d) Whenever a DVIR submitted to the carrier indicates a defect or deficiency, the carrier shall immediately inspect or cause to be inspected the relevant component or system of the vehicle, prior to any further highway operation. If the carrier determines the DVIR to be accurate it shall proceed immediately to make the necessary repairs, adjustments or replacements. If, after inspection, the carrier is unable to confirm the existence of the defect or deficiency, it shall inform the driver. In either case the carrier shall make note of its inspection, findings and repairs, if any, on the DVIR. (e) All DVIRs shall be retained and kept on file by the carrier for a minimum time of six (6) months. They shall be made available for inspection on request of the commissioner or any authorized representative of the department. They shall also be available for inspection at any time by any driver of the carrier. A copy of the DVIR from the previous operating day of each vehicle shall be carried in such vehicle. |
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(Effective March 27, 1991; Amended June 28, 2010) |
| Sec. 14-275c-42. Sanctions |
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(a) The commissioner may suspend the registration of a vehicle for any of the following violations, after notice and opportunity for a hearing as provided in Section 14-275c-43 of the Regulations of Connecticut State Agencies, except that if the commissioner finds that as a result of any of the following violations, the public health, safety or welfare imperatively requires emergency action, the commissioner may take summary action and suspend the registration of the vehicle prior to holding a hearing. If summary action is taken, the commissioner will immediately notify the registrant of such action and schedule a prompt hearing for such registrant in accordance with the provisions of Section 14-275c-43 of the Regulations of Connecticut State Agencies. The violations are: (1) The vehicle has not been systematically inspected, maintained or repaired as required by Section 14-275c-38 of the Regulations of Connecticut State Agencies; (2) Written records with respect to the vehicle have not been kept or made available for inspection as required by Section 14-275c-39 of the Regulations of Connecticut State Agencies; (3) An opportunity to inspect the vehicle requested by the department has been refused by the carrier contrary to the requirements of Section 14-275c-40, subsection (a), of the Regulations of Connecticut State Agencies; (4) During a scheduled inspection a vehicle has been declared "out-of-service" as a result of a defect in its brakes, steering, suspension, tires or exhaust as provided in Section 14-275c-40, subsection (c), subdivision (4), of the Regulations of Connecticut State Agencies; (5) A vehicle declared and marked "out-of-service" has been used to carry passengers as prohibited in Section 14-275c-40, subsection (d), of the Regulations of Connecticut State Agencies; (6) A report required by Section 14-275c-40, subsections (e), (f), or (g) of the Regulations of Connecticut State Agencies, was not submitted; (7) An "out-of-service" sticker was removed from a vehicle as a result of a certified report that repairs or items of maintenance had been completed, or a report was submitted certifying that defects not requiring the vehicle to be declared "out-of-service" were corrected, and upon reinspection it was found that the required work was not performed or was not satisfactorily performed as required by Section 14-275c-40, subsections (e), (f) or (g), of the Regulations of Connecticut State Agencies; (8) A DVIR has not been prepared by a driver or submitted to the carrier for a vehicle as required by Section 14-275c-41, subsection (a), of the Regulations of Connecticut State Agencies; (9) No inspection or necessary repair has been made after a vehicle defect or deficiency has been reported by a driver in a DVIR as required by Section 14-275c-41, subsection (d), of the Regulations of Connecticut State Agencies; or (10) DVIRs for a vehicle have not been retained or kept on file as required by section 14-275c-41, subsection (e), of the Regulations of Connecticut State Agencies. (b) Any driver who knowingly carries passengers on a vehicle marked "out-of-service," or who carries passengers on a vehicle which he or she knows, or in the exercise of reasonable diligence and observation should know, is not in safe operating condition, or who knowingly carries passengers on a vehicle which has a defect or deficiency in its brakes, steering, suspension, tires or exhaust which has been reported on three (3) or more DVIRs and which has not been repaired or corrected, shall be subject to suspension, revocation or nonrenewal of his or her appropriate endorsement or endorsements, as required by law, pursuant to the commissioner's authority under Section 14-44, subsection (c), of the Connecticut General Statutes. |
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(Effective September 23, 1992; Amended June 28, 2010) |
| Sec. 14-275c-43. Right to hearing |
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(a) Any driver, carrier or person who claims to be aggrieved by any decision, order or sanction imposed by the commissioner under Sections 14-275c-37 through 14-275c-42, inclusive, of these regulations may make a written request to the commissioner for a hearing. Such request shall be granted and the hearing scheduled with reasonable promptness. (b) Except as otherwise provided, the request for and scheduling of a hearing shall operate as a stay of the commissioner's intended action until such time as the commissioner renders a final decision in the matter. Notice of such stay shall be provided to the parties. No stay shall be granted where the commissioner finds that public health, safety or welfare imperatively requires emergency action, and incorporates a finding to that effect in his order. (c) The hearing and all pre-hearing and post-hearing procedures shall be conducted in accordance with applicable provisions and standards of Sections 4-177 through 4-182, inclusive, of the Connecticut General Statutes (Uniform Administrative Procedure Act), and Sections 14-137-36 through 14-137-39, inclusive, of the Regulations of Connecticut State Agencies, as amended, (Rules of Practice of the Department of Motor Vehicles). |
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(Effective March 27, 1991; Amended June 28, 2010) |
| Sec. 14-275c-44. Scope |
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These regulations specify the responsibilities of carriers as defined in Section 14-275c-45 of these regulations for the qualification and training of drivers of school buses and student transportation vehicles. The carriers are required to maintain records for each driver and appoint a safety coordinator. The drivers are required to submit to their employers an application for employment, updated annually. |
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(Effective January 25, 1994) |
| Sec. 14-275c-45. Definitions |
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As used in Sections 14-275c-45 through 14-275c-53, inclusive, of the Regulations of Connecticut State Agencies, as amended, the following words and phrases mean: (a) "Carrier" has the same meaning as provided in section 14-212 of the Connecticut General Statutes. (b) "Commissioner" means the Commissioner of Motor Vehicles or his or her authorized representative. (c) "Department" means the Department of Motor Vehicles. (d) "Driver" means the duly licensed operator of a school bus or student transportation vehicle (STV). (e) "School Bus" means any motor vehicle so defined in section 14-275 of the Connecticut General Statutes, used for transporting school children to and from school or school activities. (f) "Student Transportation Vehicle (STV)" has the same meaning as provided in section 14-212 of the Connecticut General Statutes. (g) "Urinalysis drug test" means controlled substance testing, alcohol testing or both which shall be performed in accordance with 49 CFR 382. (h) "Vehicle" means any school bus or student transportation vehicle. |
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(Effective January 25, 1994; Amended March 2, 2010) |
| Sec. 14-275c-46. Responsibility of the carrier for qualification and training of drivers |
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Every carrier shall investigate, maintain a written record of such investigation and require for each driver in its employ: (a) That such driver is a competent driver with at least three (3) consecutive years of driving experience; (b) That such driver has a current Connecticut motor vehicle operator's license with appropriate endorsement(s) as required by law, and that such license, with endorsement(s), is not under suspension, revocation, withdrawal or disqualification; (c) That such driver is fully informed of the motor vehicle laws and regulations of the department concerning vehicle operation; (d) That such driver is fully informed of vehicle inspection and vehicle defect reporting procedures; (e) That such driver is fully informed of his or her scheduled route or destination, loading and unloading locations, and any specifically assigned tasks and responsibilities; (f) That such driver has fulfilled the training requirements contained in the Regulations of Connecticut State Agencies, as amended; (g) That such driver has passed a urinalysis drug test; and (h) That such driver meets all conditions and requirements for endorsements pursuant to Section 14-44-4 of the Regulations of Connecticut State Agencies and does not have any disqualifying offenses. |
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(Effective January 25, 1994; Amended March 2, 2010) |
| Sec. 14-275c-47. Responsibility of the carrier to maintain a driver qualification file |
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(a) Every carrier shall maintain for each driver in its employ a driver qualification file. A driver's qualification file may be combined with his personnel file. The qualification file shall include: (1) A copy of the application for employment as specified in Section 14-275c-51 (a) of these regulations; (2) The training history for training administered by the carrier after the effective date of this regulation, or the date the driver is hired, whichever is later, including the dates, places and subjects of training or instruction, types of vehicles for which the driver is licensed and qualified to operate, any school bus driver proficiency test evaluation history, including corrective action taken by the carrier, and any other information prescribed by the commissioner from time to time; (3) A copy of the driving history for Connecticut and for any other state in which the driver had resided in the last three (3) years; (4) A record of all substantive written complaints received by the carrier concerning the driver within the previous three (3) years, and the disposition of such complaints, including corrective action taken; (5) A record giving details of all motor vehicle accidents involving a school bus or STV driven by the driver while in the employ of the carrier; (6) A record of any disciplinary or corrective action taken by the carrier due to deviations by the driver from laws, regulations, procedures and instructions; (7) The medical examiner's certificate of the driver's physical qualification to drive a motor vehicle, or a legible copy of the certificate, and if a medical waiver was issued, a copy of the letter or other document granting such waiver; (8) The results of the urinalysis drug test required by the provisions of Section 14-276a (d) of the General Statutes; (9) Annual updates prepared by the driver under Section 14-275c-53 of these regulations; and (10) Any other matter which relates to the driver's qualifications or ability to drive a motor vehicle safely. (b) All records required by subsection (a) of this section shall be retained by the carrier for a period of three (3) years, and are subject to inspection by the department at any time upon reasonable notice. A copy of any materials in the driver's qualification file shall be transferred to another carrier upon written request and express written consent of the driver. |
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(Effective January 25, 1994) |
| Sec. 14-275c-48. Appointment of a safety coordinator |
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(a) Each carrier which is not an individual person shall appoint one or more safety coordinator(s) who shall be responsible for carrying out the duties imposed on the carrier in accordance with the requirements of Sections 14-275c-46 through 14-275c-53 of these regulations. The safety coordinator(s) shall also serve as the carrier's contact person for the department with respect to driving qualifications. Each carrier required to appoint a safety coordinator(s) shall report to the commissioner annually in writing prior to the beginning of each school year the name, address and telephone number of its safety coordinator(s), and shall notify the commissioner in writing of any change in the information so reported. (b) Any local or regional board of education or other authority responsible for primary, secondary or special education whose carriers are individual persons shall appoint a safety coordinator having the same duties as specified in subsection (a) of this section. Each authority required to appoint a safety coordinator shall report to the commissioner annually in writing prior to the beginning of each school year the name, address and telephone number of the safety coordinator so appointed, and shall notify the commissioner in writing of any change in the information so reported. |
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(Effective January 25, 1994) |
| Sec. 14-275c-49. Accident reports |
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Upon written request by the commissioner, every carrier shall make available to the commissioner, or authorize for release to the commissioner, accident reports of personal injury or property damage involving a school bus or STV owned by or controlled by the carrier. Such reports shall include those submitted by law enforcement authorities to the Department of Transportation and those submitted by the carrier to an insurance company. Where appropriate, such reports shall distinguish between school bus and STV accidents. |
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(Effective January 25, 1994) |
| Sec. 14-275c-50. Notification of convictions for driver violations and driver's license suspension |
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(a) Each driver shall notify his employer of all violations of a state or local law relating to motor vehicle traffic control (other than a parking violation). The notification shall be made within ten (10) days after the date the driver has been convicted or found to have committed a violation. (b) Each driver shall notify his employer of the revocation, cancellation, suspension or disqualification of his operator's license, endorsement or permit or his right or privilege to drive for any period. The notification to his employer shall be made before the end of the business day following the day the driver received such notice. (c) Each driver shall notify his employer within three (3) days of his arrest for, conviction of or an administrative sanction as a result of any of the following offenses: (1) Driving under the influence of alcohol or drugs as defined in Section 14-227a of the General Statutes, or a similar statute in another jurisdiction; (2) Refusal to submit or failure of a chemical test as defined by Section 14-227b of the General Statutes, or a similar statute in another jurisdiction; (3) Leaving the scene of an accident or evasion of responsibility in operating a motor vehicle as defined by Section 14-224 (a) or Section 14-224 (b) of the General Statutes, or a similar statute in another jurisdiction; (4) A felony involving the use of a motor vehicle; (5) A felony or misdemeanor involving rape or sexual assault as provided in Sections 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a, 53a-72b, or 53a-73a of the General Statutes, or a similar statute in another jurisdiction; (6) A felony involving force or the threat of force against persons; or (7) A felony or misdemeanor involving firearms, drugs or controlled substances. (d) No carrier shall knowingly allow, require, permit or authorize a driver to operate a school bus or STV during any period when the driver's operator's license, endorsement or permit is suspended, revoked, cancelled or disqualified by any state. |
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(Effective January 25, 1994) |
| Sec. 14-275c-51. Application for employment as a driver | ||||
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(a) Every applicant for employment as a driver shall furnish to any prospective employer an application for employment which shall contain the following information: (1) The applicant’s name, address, sex, date of birth and social security number; (2) All addresses at which the applicant has resided during the three (3) years preceding the date on which the appiication is submitted; (3) The issuing state, number, and expiration date of every unexpired motor vehicle operator’s license, permit, endorsement or the like from any jurisdiction; (4) The nature and extent of the applicant’s experience in the operation of school buses or similar equipment during the past three (3) years including any employment as a school bus or STV driver; (5) A list of all motor vehicle accidents in which the applicant was involved during the three (3) years preceding the date the application is submitted, specifying the date and nature of each accident and fatalities or personal injuries it caused, and any liability by the applicant or claims against the applicant as a result of the accident; (6) A list of violations of motor vehicle laws or ordinances of any jurisdiction (other than minor violations or infractions involving only parking) of which the applicant was convicted or forfeited bond or collateral during the five (5) years preceding the date the application is submitted; (7) A statement setting forth in detail the facts and circumstances of any denial, revocation, refusal, disqualification or suspension of any license, permit, endorsement or privilege to operate a motor vehicle by any jurisdiction, or a statement, subject to the penalty of law, that no such denial, revocation, refusal, disqualification or suspension has occurred; (8) A list of all of the applicant’s criminal convictions (except for motor vehicle violations) in any jurisdiction for the five (5) years preceding the date the application is submitted; (9) A list of the names and addresses of the applicant’s employers during the three (3) years preceding the date the application is submitted, together with the dates he was employed by, and his reason for leaving the employ of, each employer; (10) A list of the names and addresses of the applicant’s employers during the seven (7) year period preceding the three (3) years contained in subdivision (9) of this subsection for which the applicant was an operator of a school bus, student transportation vehicle or commercial vehicle; (11) The names, addresses and telephone numbers of two reputable citizens who shall vouch under oath for the good character of the applicant; (12) A notification that the applicant shall be required to submit to a urinalysis drug test; and (13) The following vertification and signature line, which shall appear at the end of the application form and be signed by the applicant: This certifies under penalty of false statement that this application was completed by me, and that all entries on it and information in it are true and complete to the best of my knowledge.
(b) A prospective employer may require the applicant to provide information in addition to the information required in subsection (a) of this section. (c) Before an application is submitted, the employer or prospective employer shall inform the applicant that the information he provides shall be used for investigating the applicant’s background. |
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(Effective January 25, 1994) |
| Sec. 14-275c-52. Investigation and inquiries |
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(a) Each prospective employer of a driver shall make reasonable efforts to obtain the following information: (1) The driver's driving record for every state in which the driver held a motor vehicle operator's license or permit during the preceding three (3) years; (2) The driver's school bus, student transportation vehicle and commercial vehicle employment record during the preceding three (3) years; and (3) Employment verification by employers of the driver during the preceding three (3) years. (b) Any documents and facts uncovered during the inquiry and investigation required in subsection (a) of this section shall be retained as part of the driver's qualification file, and shall be considered together with the application for employment in an employer's decision to hire or not to hire or retain a driver. |
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(Effective January 25, 1994) |
| Sec. 14-275c-53. Annual update of driving record |
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(a) Every carrier shall, at least once every twelve (12) months, review the driving record of each driver it employs to determine whether that driver meets minimum requirements for safe driving and is a proper person to drive a school bus or STV. (b) Every year, in conjunction with the review required by subsection (a) of this section, every carrier shall require each driver to update the driver's qualification file: (1) By preparing and furnishing to the carrier a list of all violations of motor vehicle traffic laws and ordinances (other than violations involving only parking) occurring in Connecticut or elsewhere of which the driver has been convicted or on account of which he has forfeited bond or collateral during the period since the submission of his employment application or the last update of his driver's qualificaton file; and (2) By preparing and furnishing to the carrier a list of all criminal convictions occurring in Connecticut or elsewhere since the submission of his employment application or the last update of his driver's qualification file; and (3) By certifying in writing that the list of motor vehicle violations and convictions submitted in accordance with subdivisions (1) and (2) of this subsection is a true and complete list, or by certifying in writing that no such motor vehicle violations and/or convictions occurred during the preceding twelve (12) months. |
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(Effective January 25, 1994) |