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, all of the following documents issued by the state Department of Motor Vehicles: (Education Code 39830.1; Vehicle Code 12517)
1. A valid driver's license for the appropriate class of vehicle to be driven
2. A certificate which permits the driver to operate either school buses or student activity buses, as applicable
3. A DMV Medical Examiners Certificate (DL51)
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:
1. First aid practices (Vehicle Code 12522)
2. The proper actions to be taken in the event that a school bus is hijacked (Education Code 39831)
3. 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 Trustees 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.
In the event of a school bus accident, the driver shall immediately notify or cause to be notified 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:
1. Recurring and serious student misbehavior
2. Parental and student complaints
3. Traffic violations
4. Consistently late school dismissals which cause transportation delays
5. Overload runs
6. Mechanical or other problems with buses and equipment
Legal Reference:
EDUCATION CODE
39800.5 Qualifications of driver of 15-passenger van
40080-40090.5 Training required to obtain or renew bus driver certificate
45125.1 Criminal background checks for contractors
56195.8 Training in installation of mobile seating devices
HEALTH AND SAFETY CODE
39640-39642 Vehicle idling, penalties
PENAL CODE
241.3 Assault against school bus driver
243.3 Battery against school bus driver
VEHICLE CODE
415 Definition of motor vehicle
545 Definition of school bus
546 Definition of student activity bus
1808.8 Dismissal for safety-related cause
2570-2574 Contracts with private school bus contractors
12516-12517.4 Certification requirements
12522 First aid training for school bus drivers
13370-13371 Suspension or revocation of bus driver certificate
13376 Driver certificates; revocation or suspension; sex offense prosecution
22112 School bus signals; roadway crossings
23123-23125 Prohibitions against use of wireless telephone and text communications while driving; exceptions
25257-25257.7 School bus equipment
34501.6 School buses; reduced visibility
CODE OF REGULATIONS, TITLE 5
14103 Authority of the driver
14104 School bus driver instructor
CODE OF REGULATIONS, TITLE 13
1200-1202.2 Motor carrier safety
1212-1228 School bus driver requirements
1234 Reports regarding school buses and bus drivers
2480 Vehicle idling
CODE OF FEDERAL REGULATIONS, TITLE 49
40.1-40.413 Transportation drug and alcohol testing programs
382.101-382.605 Controlled substance and alcohol use and testing
571.222 Federal motor vehicle safety standard #222
Management Resources:
DEPARTMENT OF MOTOR VEHICLES PUBLICATIONS
California Commercial Driver Handbook
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION PUBLICATIONS
School Bus Driver In-Service Safety Series, October 2011
WEB SITES
California Air Resources Board: http://www.arb.ca.gov
California Department of Education, Office of School Transportation: http://www.cde.ca.gov/ls/tn
California Highway Patrol: http://www.chp.ca.gov
California Department of Motor Vehicles: http://www.dmv.ca.gov
California Department of Justice: http://oag.ca.gov
National Transportation Safety Board: http://www.ntsb.gov
U.S. Department of Transportation, National Highway Traffic Safety Administration: http://www.nhtsa.dot.gov
Regulation VISTA UNIFIED SCHOOL DISTRICT
approved: September 9, 2010 Vista, California