Sec.14-275c-40. Inspections by the department

(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.

(Effective September 23, 1992; Amended June 28, 2010)