Ariz. Admin. Code § 13-13-101

Current through Register Vol. 30, No. 45, November 8, 2024
Section R13-13-101 - Definitions

In this Chapter, unless otherwise specified:

"Accident" means any unexpected occurrence involving a moving or non-moving school bus that results in any bodily injury or fatality to a passenger or non-passenger, damage to personal or real property outside the school bus, or damage to the school bus that affects the integrity of the school bus or results in a major defect as described in R13-13-108(B).

"Alternately flashing signal lamps" means a system of red or red and amber lamps that are mounted horizontally to both the front and rear of the school bus body and used to inform the public that the school bus is preparing to stop or has stopped to load or unload passengers. Alternately flashing signal lamps can be either a four-lamp system as described in R13-13-107(17)(c)(i) or an eight-lamp system as described in R13-13-9 -107(c)(ii).

"Alteration" means any addition, modification, or removal of any equipment or component after a school bus is inspected by the Department, which may affect the operations of the school bus; compliance with the statutes or rules applicable to school buses; or the health, safety, or welfare of any individual.

"Applicant" means an individual who submits an application to the Department to obtain a certificate to operate a school bus.

"ASE" means National Institute of Automotive Service Excellence.

"Auxiliary fan" means a device mounted inside the school bus body used to supplement the heating, defrosting, or air-conditioning systems by circulating air in the school bus.

"Behind-the-wheel instructor" means an individual qualified under R13-13-103 to provide behind-the-wheel training to applicants.

"Behind-the-wheel training" means the complete physical control of a school bus by an applicant while accompanied by and under direct observation of a behind-the-wheel instructor.

"Belt cutter" means a hand-held instrument containing a blade used to sever a seat belt or a wheelchair-securement device.

"Certificate" means a written authorization issued by the Department to operate a school bus in Arizona.

"Chassis" means the part of a school bus that consists of all base components, including the frame, front and rear suspension, exhaust system, brakes, engine, engine hood or cover, transmission, front and rear axles, front fenders, drive train and shaft, fuel system, engine air intake and filter, clutch and accelerator pedals, steering wheel, tires, heating and cooling system, battery, and controls and instruments to operate the school bus.

"Chassis cowl" means those parts of a Type C school bus that are located in front of the cowl and attached before a school bus manufacturer adds the school bus body.

"Citation" has the same meaning as at A.R.S. § 28-1872.

"Classroom instructor" means an individual qualified under R13-13-103 to provide classroom training to:

Applicants to operate a school bus,

Individuals becoming qualified to teach classroom training,

Individuals becoming qualified to teach techniques of behind-the-wheel training, or

School bus drivers taking refresher training.

"Classroom training" means the courses required by the Department of an applicant before the applicant is certified or of an individual seeking qualification as a classroom or behind-the-wheel instructor.

"Commercial driver license" has the same meaning as at A.R.S. § 28-3001.

"Controlled substances and alcohol testing" means a determination of an applicant's or school bus driver's use of marijuana, cocaine, phencyclidine, opiates, amphetamines, and alcohol prescribed by 49 CFR 382, October 2006 (no later amendments or editions), and conducted in accordance with the procedures at 49 CFR 40, October 2006 (no later amendments or editions), both published by the U.S. Government Printing Office, Superintendent of Documents, Mail Stop: SSOP, Washington, D.C. 20402-9328, incorporated by reference, and on file with the Department; and a determination of an applicant's or school bus driver's use of marijuana, cocaine, phencyclidine, opiates, amphetamines, barbiturates, benzodiazepines, methadone, and propoxphene as required by these rules and conducted in accordance with a procedure that is generally accepted in the scientific community to be accurate and reliable.

"Cowl" means the portion of the chassis in a Type C school bus that separates the school bus engine from the school bus driver's compartment.

"Cutaway van" means a chassis to which a completed driver's compartment is attached before a school bus manufacturer adds a school bus body.

"dB(A)" means decibels A scale, a term denoting that noise level has been adjusted to duplicate human hearing.

"Driver's compartment" means the part of a school bus body that is separated from the passenger compartment by a barrier and contains the controls and instruments for the operation of the school bus.

"Emergency-brake system" means mechanical components used to slow or stop a school bus after a failure of the service-brake system.

"Emergency exit" means an opening in a school bus, including a door, push-out window, or roof hatch, used to unload passengers in the event of an occurrence that requires immediate evacuation of the school bus.

"Employer" means a private business or school district that hires applicants and certified school bus drivers to operate school buses.

"Fingerprint clearance card" has the same requirements as in A.R.S. § 41-1758.03.

"Frame" means the structural foundation upon which a school bus chassis is constructed.

"Frontage road" means a street that parallels an interstate highway and furnishes access to streets and property that would otherwise be unreachable from the interstate highway.

"Gross vehicle weight rating" means the value specified by the manufacturer as the maximum total loaded weight of a school bus, calculated in accordance with R13-13-106(27).

"Health care professional" means:

A physician licensed to practice medicine under A.R.S. § 32-1401 et seq., osteopathy under A.R.S. § 32-1800 et seq., or chiropractic under A.R.S. § 32-900 et seq.;

A physician licensed to practice medicine, osteopathy, or chiropractic in a state contiguous to Arizona;

A physician employed by the United States government and licensed by a state or territory of the United States;

A physician assistant licensed under A.R.S. § 32-2501 et seq.; or

A registered nurse practitioner licensed under A.R.S. § 32-1601 et seq.

"Highway" has the same meaning as at A.R.S. § 28-101.

"Identification" means the signs, lettering, or numbers placed on the interior or exterior of a school bus body, including the glass areas, but does not include the lettering, numbers, or logos of a manufacturer or distributor of the manufacturer's product.

"Identity verified fingerprint clearance card" has the same requirements as A.R.S. § 15-106.

"Ignition power-deactivation switch" means a device that when set causes the engine of a motor vehicle to stop operating if the transmission is placed into gear or the parking-brake system is released.

"Interstate highway" means the designation given by the federal government to the system of highways connecting two or more states of the United States.

"Lamp" means a device that is covered by a lens and used to produce artificial light.

"Major defect" means a condition that exists to the interior or exterior of a school bus that causes the Department or owner to place the school bus out of service while the defect is being corrected.

"Manufacturer" means an entity engaged in the manufacturing or assembling of a school bus chassis, school bus body, or school bus chassis and body.

"Medical practitioner" has the same meaning as at A.R.S. § 32-1901.

"Minor defect" means a condition that exists to the interior or exterior of a school bus that is not a major defect and allows the school bus to remain in operation while the defect is being corrected.

"Off-duty" means the time a school bus driver is not on-duty.

"On-duty" means the period between the time a school bus driver begins to work for the employer or is required to be ready to work for the employer until the time the school bus driver is relieved from work and all responsibility for performing work for the employer. The time on-duty is used only to determine when a school bus driver must be provided time off-duty. Time on-duty may be compensated by the employer or an entity other than the employer or may be uncompensated. On-duty includes:

All time at an employer's place of business, waiting to be dispatched;

All time performing an operations check of a school bus in accordance with R13-13-108, or servicing or conditioning a school bus;

All time driving a school bus, including loading or unloading the school bus, and remaining in readiness to drive a school bus;

All time, at the direction of the employer, travelling but not driving a school bus or assuming any other responsibility to the employer. If the school bus driver is afforded at least eight consecutive hours off-duty upon arrival at the school bus driver's destination after travelling but not driving a school bus or assuming any other responsibility to the employer, the school bus driver shall be considered off-duty for the entire period travelling but not driving the school bus or assuming any other responsibility to the employer;

All time repairing, obtaining assistance, or remaining in attendance upon a disabled school bus;

All time preparing required reports and records;

All time providing a breath or urine sample, including travel time to and from the collection site, to comply with the testing requirements of this Chapter;

All time performing any other work for the employer; and

All time performing any compensated work for any entity other than the employer.

"Out of service" means a school bus cannot be used to transport passengers.

"Owner" means the public or governmental agency or institution or private company in whose name a school bus is titled.

"Parking-brake system" means mechanical components used to prevent the movement of a school bus while loading or unloading a passenger or when the school bus is parked.

"Passenger" means an individual who rides in a school bus but does not participate in the operation of the school bus.

"Passenger compartment" means that part of the school bus body that is separated from the school bus driver's compartment by a barrier and holds the passengers to be transported.

"Physical examination" means an evaluation of an applicant's or school bus driver's medical status performed by a health care professional according to this Article.

"Physical examination form" means the Arizona Department of Transportation, Motor Vehicle Division, Medical Examination Report, which is used to record the results of a physical examination and may be obtained from the Department or Arizona Department of Transportation, Motor Vehicle Division.

"Physical performance test" means an evaluation of an applicant's or school bus driver's reflexes, agility, and strength performed according to this Article.

"Physical performance test form" means the document used to record the results of a physical performance test and may be obtained from the Department.

"Push-out window" means safety glass enclosed in a frame on a school bus that moves to the outside of the school bus when force is applied to the window from inside the school bus.

"Refresher training" means the courses required by the Department of each school bus driver to maintain certification as a school bus driver in Arizona.

"Restraining barrier" means a structure located in front of any school bus seat that restricts the forward motion of a passenger.

"Rub rail" means a horizontal steel bar attached to the outside of a school bus body used to reinforce the sides of the school bus.

"Safety glass" has the same meaning as at A.R.S. § 28-959(F).

"School" means a school as defined by A.R.S. § 15-101(19), accommodation school as defined by A.R.S. § 15-101(1), charter school as defined by A.R.S. § 15-101(3), or private school as defined by A.R.S. § 15-101(18).

"School bus" has the same meaning as at A.R.S. § 28-101.

"School bus body" means a structure assembled upon a chassis designed to carry a school bus driver and passengers.

"School bus driver" means an individual who is certified by the Department as meeting the requirements at A.R.S. § 28- 3228 and R13-13-102 to operate a school bus in Arizona.

"School district" has the same meaning as at A.R.S. § 15-101(20).

"Service-brake system" means mechanical components used to slow or stop a school bus.

"Service door" means a metal structure used to close the opening of a service entrance.

"Service entrance" means an opening in a school bus used to load or unload passengers.

"Special needs school bus" means a school bus that is designed to transport disabled passengers, some of whom may use a wheelchair, and is constructed with a service entrance and a special-service entrance.

"Special-service entrance" means an opening in a school bus that accommodates a wheelchair lift for the loading or unloading of a passenger who uses a wheelchair.

"Special-service entrance door" means a metal structure used to close the opening of a special-service entrance.

"Street" has the same meaning as at A.R.S. § 28-101.

"Traffic control signal" has the same meaning as at A.R.S. § 28-601.

"Training" means the instruction, courses, classes, or workshops provided by the Department or the employer that are required to obtain or maintain certification as a school bus driver or qualification as a classroom or behind-the-wheel instructor, or qualification to administer the physical performance test in Arizona.

"Transport" or "transporting" means a school bus driver sets a school bus in motion to carry passengers or objects authorized by the school district to be carried in a school bus.

"Type A school bus" means a conversion bus constructed utilizing a cutaway front section vehicle with a left side driver's door. This definition includes two classifications: Type A-1, with a Gross Vehicle Weight Rating (GVWR) of 14,500 pounds or less; and Type A-2, with a GVWR greater than 14,500 pounds and less than or equal to 21,500 pounds.

"Type B school bus" means a school bus constructed utilizing a stripped chassis. The entrance door is behind the front wheels. This definition includes two classifications: Type B-1, with a GVWR of 10,000 pounds or less, and Type B-2, with a GVWR greater than 10,000 pounds.

"Type C school bus," also known as a conventional style school bus, means a school bus constructed utilizing a chassis with a hood and front fender assembly. The entrance door is behind the front wheels. A Type C school bus may have a cutaway truck chassis or truck chassis with cab with or without a left side door and with a GVWR greater than 21,500 pounds.

"Type D school bus," also known as a rear engine or front engine transit-style school bus, means a school bus constructed utilizing a stripped chassis. The entrance door is ahead of the front wheels.

"Van" means a covered or enclosed truck.

"Wheelchair" means a mobility aid consisting of a frame, seat, and three or four wheels, which is used to support and carry a disabled passenger.

"Wheelchair lift" means an electric hydraulic mechanism and platform in a school bus used to raise and lower a passenger in a wheelchair.

"Wheelchair-lift platform" means a horizontal surface upon which a wheelchair sits while being raised or lowered.

"Wheelchair-passenger restraint" means a combination of a pelvic and an upper torso restraint, including buckles and fasteners, designed to secure a passenger in a wheelchair within a school bus.

"Wheelchair-passenger restraint anchorage" means equipment for fastening wheelchair-passenger restraints to the interior of a school bus.

"Wheelchair-securement anchorage" means equipment for fastening a wheelchair-securement device to a school bus floor.

"Wheelchair-securement device" means a strap or webbing, including buckles and fasteners, used for fastening a wheelchair to a wheelchair-securement anchorage.

"Wheelchair-securement system" means components used to fasten a wheelchair to the interior of a school bus, including a wheelchair-securement anchorage and a wheelchair-securement device.

Ariz. Admin. Code § R13-13-101

Adopted by final rulemaking at 24 A.A.R. 2306, effective 7/24/2018.