Ariz. Admin. Code § 13-13-102

Current through Register Vol. 30, No. 45, November 8, 2024

Section R13-13-102 - Certification of School Bus Drivers

A. Certification requirements: An individual shall not operate a school bus in Arizona without being certified by the Department. An applicant for certification shall:

1. Be a minimum of 18 years of age;

2. Possess a valid identity verified fingerprint clearance card.

3. Submit all of the following to the Department through the employer:

a. An application signed and dated by the applicant that states the applicant's:

i. Name, home address, and home phone number;

ii. Any alias ever used by the applicant;

iii. Social Security number;

iv. Date of birth;

v. Arizona commercial driver license number;

vi. Date of previous application for certification, if any;

vii. Intended employer's name;

viii. Convictions for a felony or misdemeanor, if any, in this state or any other state;

ix. Total points accumulated against the applicant's driving record during the two years immediately preceding the date of application using the point system contained in A.A.C. R17-4-404; and

x. Identity verified fingerprint clearance card number.

b. Completed physical examination form, completed physical performance test form, and results of controlled substances testing; and

c. A verification made under penalty of perjury that all submitted information is true and complete;

4. Possess a current Arizona commercial driver license under A.R.S. § 28- 3101;

5. Possess any Arizona driver license endorsement required under A.R.S. § 28-3103;

6. Meet the driving record requirements listed in this Article; and

7. Complete the training requirements listed in this Article.

B. Physical examination

1. An applicant or school bus driver shall submit to a physical examination that is conducted by a health care professional in accordance with the physical examination form. An applicant or school bus driver is qualified to be certified as a school bus driver only if the health care professional conducts the physical examination in accordance with the physical examination form and concludes that the applicant or school bus driver has no condition that would interfere with the applicant's or school bus driver's ability to:

a. Operate a school bus safely,

b. Evacuate a school bus during an emergency or during a drill required under R13-13-104(D), and

c. Perform the operations checks required under R13-13-108(D).

2. An applicant or school bus driver who is insulin dependent shall obtain the waiver described in A.A.C. R17-5-208.

3. An applicant shall submit the completed physical examination form and, if applicable, a copy of the waiver required under subsection (B)(2), to the Department through the employer.

4. The initial physical examination of an applicant, conducted in accordance with the physical examination form, expires 24 months from the date of the physical examination unless a shorter time is specified by the health care professional who administers the physical examination. A school bus driver shall submit to a physical examination before the expiration date of the previous physical examination and send the completed physical examination form to the Department through the employer before the end of the month in which the previous physical examination expires.

5. If a health care professional determines that further testing of an applicant or school bus driver is needed by an ophthalmologist or optometrist, the health care professional shall refer the applicant or school bus driver to:

a. An ophthalmologist licensed under A.R.S. § 32-1401 et seq.,

b. An optometrist licensed under A.R.S. § 32-1701 et seq.,

c. An ophthalmologist licensed to practice ophthalmology or optometrist licensed to practice optometry by a state contiguous to Arizona, or

d. An ophthalmologist licensed to practice ophthalmology or optometrist licensed to practice optometry by any state or territory of the United States and employed by the United States government.

6. In addition to the physical examinations required by this Article, the Department or the employer may require a physical examination of an applicant or school bus driver for an impairment that would affect the ability to perform the activities listed in subsection (B)(1). The Department or employer shall base its decision to require an additional physical examination upon consideration of the appearance or actions of the applicant or school bus driver or of medical information received by the Department regarding the applicant or school bus driver. The applicant or school bus driver shall submit results of a physical examination conducted under this subsection to the Department through the employer within 30 days of the date of the physical examination.

C. Controlled substances and alcohol testing

1. An applicant or school bus driver shall submit to alcohol and controlled substances testing as required by A.R.S. § 28-3228(C)(2) and as prescribed by this Article and 49 CFR 382 October 2006 (no later amendments or editions). The testing shall be conducted in accordance with the procedures at 49 CFR 40 October 2006 (no later amendments or editions), both published at 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, except for the changes in 49 CFR 40 and 49 CFR 382 listed in subsections (C)(1)(a) through (C)(1)(i).

a.49 CFR 40.3

i. "Employee," means an applicant or a school bus driver as defined at R13-13-101.

ii. "Employer" has the same meaning as at R13-13-101.

b.49 CFR 382.107

i. "Commercial motor vehicle" has the same meaning as at A.R.S. § 28-3001(3).

ii. "Driver" means a school bus driver as defined at R13-13-101.

iii. "Employer" has the same meaning as at R13-13-101.

iv. "Performing a safety-sensitive function" means any time during which a school bus driver is on-duty except when the school bus driver is being compensated by an entity other than the employer.

v. "Safety-sensitive function" means any activity for which a school bus driver is on-duty except when the school bus driver is performing an activity for and being compensated by an entity other than the employer.

c.49 CFR 382.207. In both sentences, the word "four" is changed to "eight."

d.49 CFR 382.301(b), (c), and (d): Delete these subsections.

e.49 CFR 382.303(a) and (b): Change the word "occurrence" to "accident," as defined in R13-13-101, and delete the words "operating on a public road in commerce."

f.49 CFR 382.303(a)(1) and (b)(1): Delete the words ", if the accident involved the loss of human life"

g.49 CFR 382.303(a)(2) and (b)(2): Delete the words ", if the accident involved:"

h.49 CFR 382.303(a)(2)(i) and (ii) and (b)(2)(i) and (ii): Delete these subsections.

i.49 CFR 382.303(c): In the table, in the column headed "Test must be performed by employer," change "No" to "Yes."

2. In addition to the testing required by 49 CFR 382, an applicant shall submit to testing for the use of marijuana, cocaine, opiates, amphetamines, phencyclidine, benzodiazepines, barbiturates, methadone, and propoxphene by a procedure that is generally accepted in the scientific community to be accurate and reliable.

3. In addition to the testing required by 49 CFR 382, a school bus driver shall submit annually to testing for the use of marijuana, cocaine, opiates, amphetamines, phencyclidine, benzodiazepines, barbiturates, methadone, and propoxyphene by a procedure that is generally accepted in the scientific community to be accurate and reliable.

4. The employer shall ensure that a school bus driver is tested for use of marijuana, cocaine, opiates, amphetamines, phencyclidine, benzodiazepines, barbiturates, methadone, or propoxyphene or alcohol when required to do so by these rules or when requested by the Department.

5. The employer shall submit any and all negative results of testing done under subsection (C) to the Department within 30 days of the date of testing or within 12 months of the school bus driver's previous test, whichever is sooner, by providing the Department a copy of the report submitted to the employer by the entity that conducted the testing.

6. The employer shall immediately notify the Department by telephone of any and all positive results of testing done under subsection (C) and shall submit to the Department within five days a copy of the report submitted to the employer by the entity that conducted the testing.

D. Physical performance test

1. An applicant shall pass a physical performance test that consists of the following eight standards:

a. Climbing and descending the steps of a school bus three times in 30 seconds;

b. Alternately activating the throttle and the service-brake system of a school bus 10 times in 10 seconds;

c. Depressing and holding the clutch, if applicable, and service-brake system of a school bus for three seconds, five consecutive times;

d. Opening and closing a manually operated service door three times without stopping. If the school bus has an automatic service door, operate the manual override of the service door;

e. Operating at least two hand controls, one on each side of the steering wheel, within eight seconds while maintaining control of a moving school bus;

f. Starting in a seat-belted position, exit a school bus from the rear-most floor-level emergency exit within 20 seconds;

g. Carrying or dragging a 125-pound object 30 feet in 30 seconds; and

h. Lowering a 30-pound object from a floor-level emergency exit to the ground and lifting the same object from the ground to the school bus floor.

2. A school bus driver who is certified on the effective date of this subsection shall pass the physical performance test within one year from the effective date of this subsection.

3. A school bus driver shall pass the physical performance test again no later than 24 months after previously passing the physical performance test.

4. An applicant or school bus driver who fails the physical performance test may take the test again after 24 hours. An applicant or school bus driver may take the physical performance test no more than three times in 90 days. If an applicant fails the physical performance test on the third attempt, the Department shall not further consider the applicant for certification unless the applicant complies again with the requirements of this Section.

5. The employer shall ensure that a school bus driver who fails the physical performance test does not operate a school bus until the school bus driver passes the physical performance test.

6. If a school bus driver takes and fails the physical performance test three times, the Department shall cancel the school bus driver's certification.

7. An employer shall ensure that the physical performance test is administered by a person who has completed Department-authorized training, using the largest type of school bus that an applicant or school bus driver may be required to operate.

8. A person who administers the physical performance test shall either pass or fail the applicant or school bus driver taking the test, complete the physical performance test form, and submit the completed form to the Department and the employer within seven days of the physical performance test.

E. Driving record

1. During the 24 months before the date of application or during any 24-month period while certified as a school bus driver, an applicant or school bus driver shall not accumulate eight or more points against a driving record in this state using the point system contained in A.A.C. R17-4-404.

2. During the 10 years before the date of application, an applicant shall not have repeatedly received citations for violation of traffic law.

F. Training requirements of a school bus driver

1. Before being certified by the Department as a school bus driver, an applicant shall complete a minimum of 14 hours of classroom training in the following:

a. State and federal traffic laws,

b. Behind-the-wheel driving operations,

c. School bus driver's responsibilities to passengers and school,

d. Inspections and operations checks,

e. Records and reports,

f. Special needs transportation, and

g. Accidents and emergencies.

2. An employer shall ensure that classroom training is taught by a classroom instructor who is qualified under R13-13-103.

3. At least seven days before classroom training, the classroom instructor shall notify the Department in writing of the date, time, and location of classroom training. The classroom instructor shall notify the Department by any means available at least 24 hours before the date, time, or location of classroom training is changed or canceled.

4. After completion of classroom training, the classroom instructor shall administer to the applicant a written examination standardized by the Department.

a. The written examination shall consist of a combination of 50 true or false, multiple choice, and fill-in-the-blank questions. The examination questions shall cover the topics listed in subsection (F)(1).

b. Each question has a value of two points. To pass the examination an applicant shall receive a score that equals or exceeds 80% of the total possible score.

c. If an applicant is unable to read or speak English, the employer shall arrange to have the examination administered orally to the applicant in the language with which the applicant is most familiar.

d. If an applicant does not pass the examination on the first attempt, the applicant may take an examination two more times within 12 months of the first attempt. A different examination shall be administered to an applicant who is taking an examination for the second or third time. The period between examinations shall be a minimum of 24 hours. If the applicant fails the examination on the third attempt, the applicant shall be considered further only if the applicant complies again with the requirements in this Section.

5. The classroom instructor shall submit the following information in a written report to the Department and the employer within seven days from the date of the conclusion of a classroom training course:

a. Instructor's name,

b. Instructor's identification number,

c. Date of training,

d. Location of training,

e. Number of hours of training taught by the classroom instructor,

f. Each applicant's name, and

g. Each applicant's examination score.

6. In addition to the report required under subsection (F)(5), the classroom instructor shall maintain and submit to the employer within seven days from the conclusion of a classroom training course, a classroom-training course log that includes:

a. Instructor's name,

b. Instructor's identification number,

c. Date of the training course,

d. Name of each applicant attending the training course,

e. Subject matter taught in each hour, and

f. Which hours of training were attended by each applicant.

7. In addition to the classroom training, an applicant shall complete behind-the-wheel training consisting of a minimum of 20 hours operating a school bus in Arizona.

a. An employer shall ensure that behind-the-wheel training is taught by a behind-the-wheel instructor who is qualified under R13-13-103.

b. During behind-the-wheel training, a behind-the-wheel instructor shall be present and observing the applicant while the applicant is operating the school bus.

c. The employer shall ensure that no one except the applicant, behind-the-wheel instructor, employer, and Department employees are aboard the school bus while the applicant actually operates the school bus.

d. The behind-the-wheel instructor shall maintain and submit to the employer within seven days from the conclusion of the applicant's behind-the-wheel training, a behind-the-wheel training log that includes:

i. Instructor's name,

ii. Instructor's identification number,

iii. Applicant's name,

iv. Date of each behind-the-wheel training session, and

v. Actual number of hours at each training session that the applicant operates a school bus.

e. At the conclusion of behind-the-wheel training, the behind-the-wheel instructor shall use a copy of the Proof of Completion of Behind-the-wheel Training and Driving Test form to administer to the applicant the driving test described on the form. The driving test shall measure the applicant's ability to operate a school bus safely and in a manner consistent with state law. The behind-the-wheel instructor shall either pass or fail the applicant and submit the completed form to the Department and the employer within seven days of the driving test.

G. First aid and cardiopulmonary resuscitation

1. Before being certified, an applicant shall complete classroom instruction in cardiopulmonary resuscitation and basic first aid. The instruction in cardiopulmonary resuscitation shall include performing cardiopulmonary resuscitation on adults, children, and infants.

2. The instruction shall be conducted by an individual currently certified as an instructor in first aid and cardiopulmonary resuscitation by a program approved by a nationally recognized organization such as the American Heart Association, American Red Cross, National Safety Council, American Safety and Health Institute, or Arizona Bureau of Mines; by an emergency medical technician licensed in Arizona; or by an agency of the U.S. government.

3. An applicant shall submit to the Department, through the employer, a copy of the front and back of the first-aid card and cardio-pulmonary resuscitation card issued to the applicant or other written documentation as proof of completion of the first-aid and cardiopulmonary resuscitation training.

4. A school bus driver shall renew first-aid and cardiopulmonary resuscitation training before expiration of the current training. Renewal instruction shall be provided by an individual described in subsection (G)(2). The school bus driver shall submit to the Department, through the employer, a copy of the front and back of the first-aid card and cardiopulmonary resuscitation card or other written documentation as proof of renewal of training.

H. The Department shall process an application for certification as a school bus driver under R13-13-109.

I. Refresher training

1. A school bus driver shall have refresher training no later than 24 months following completion of the training required by subsection (F). Refresher training shall consist of a minimum of 6 1/2 hours of classroom training in the topics listed in subsection (F)(1).

2. After completing the first refresher training, the school bus driver shall complete a minimum of 6 1/2 hours of classroom training in the topics listed in subsection (F)(1) every 24 months following the last refresher training.

3. An employer shall ensure that refresher training is taught by a classroom instructor who is qualified under R13-13-103.

4. A classroom instructor shall teach refresher training and shall submit the following information in a written report to the Department and the employer within seven days from completion of the refresher training:

a. Instructor's name,

b. Instructor's identification number,

c. Date of training,

d. Location of training,

e. Number of hours of training taught by the classroom instructor,

f. Each school bus driver's name, and

g. Each school bus driver's certification number.

5. In addition to the report required under subsection (I)(4), the classroom instructor shall maintain and submit to the employer within seven days from the conclusion of a refresher training course, a refresher-training course log that includes:

a. Instructor's name,

b. Instructor's identification number,

c. Date of the refresher training course,

d. Name and certification number of each school bus driver attending the refresher training course,

e. Subject matter taught in each hour, and

f. Which hours of refresher training were attended by each school bus driver.

J. Records

1. The employer shall maintain qualification and training records of an applicant who is certified and of a school bus driver who terminates employment, and qualification records of an applicant who is denied certification, for 24 months from the date of certification, termination of employment, or denial of certification.

2. The employer shall maintain records of testing required under subsection (C) in accordance with 49 CFR 382.401, October 2006 (no later amendments or editions), published at 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. In this subsection, "controlled substances," as used in 49 CFR 382.401, means marijuana, cocaine, opiates, amphetamines, phencyclidine, benzodiazepines, barbiturates, methadone, and propoxyphene.

3. The employer shall transfer the records of a school bus driver to a subsequent employer upon written request by the subsequent employer or school bus driver.

4. Qualification records include:

a. Application,

b. Driving record,

c. Copy of physical examination form, and

d. Physical performance test form.

5. Training records include:

a. A copy of the classroom-training course log required under subsection (F)(6) that shows the applicant's attendance,

b. A copy of the refresher-training course log required under subsection (I)(5) that shows the school bus driver's attendance,

c. The classroom training examination score,

d. The applicant's behind-the-wheel training log,

e. The Proof of Completion of Behind-the-wheel Training and Driving Test form,

f. A copy of the first-aid card and cardiopulmonary resuscitation card or other written documentation of completion of first-aid and cardiopulmonary resuscitation training, and

g. A copy of the school bus driver certification card issued by the Department.

K. Denial, cancellation, or suspension of certificate

1. Based on an assessment of the totality of the circumstances, the Department may deny a certificate to an applicant or may cancel or suspend a certificate of a school bus driver for:

a. Failing to meet or comply with the requirements of this Article;

b. Being convicted of or subject to an outstanding warrant for any felony;

c. Being convicted of or subject to an outstanding warrant for any misdemeanor reasonably related to the occupation of a school bus driver including, but not limited to:

i. Citation for any moving motor vehicle violation, including but not limited to, violations of A.R.S. § 28-1591 et seq.;

ii. Driving under the influence (A.R.S. § 28-1381 et seq.);

iii. Any sexual offense (A.R.S. § 13-1401 et seq.);

iv. Any abuse of a child (A.R.S. § 13-3623 ); or

v. Use, sale, or possession of a controlled substance (A.R.S. § 13-3401 et seq.).

d. Demonstrating behavior that endangers the educational welfare or personal safety of students, teachers, or school bus drivers or other co-workers;

e. Providing false, incomplete, or misleading information to the Department;

f. Driving or being in actual physical control of a school bus under a circumstance listed in A.R.S. § 28-1381(A);

g. Under A.R.S. §§ 28-3301 through 28-3322, having a commercial driver license canceled, suspended, revoked, or denied; or

h. Having a verified positive result to any controlled substance or alcohol test required by subsections (C)(1), (2), or (3), at any time.

2. The Department shall cancel or suspend a certificate of a school bus driver for:

a. Having a fingerprint clearance card that is invalid, suspended, canceled or revoked pursuant to A.R.S. § 28-3228 and A.R.S. Title 41, Chapter 12, Article 3.1; or

b. Operating a school bus in violation of A.R.S. § 41-1758.03(D) or A.R.S. § 41-1758.07(D) which preclude a person from driving any vehicle to transport employees or clients of the employer as part of the person's employment including students, teachers or other co-workers.

3. Any conviction, violation, warrant, or other misconduct described in this Section shall be considered, whether or not the school bus driver was operating a school bus at the time of the conviction, violation, warrant, or other misconduct.

4. An applicant who is denied a certificate or a school bus driver whose certificate is canceled or suspended may request a hearing within 30 days from the date of receipt of the notice of the denial, cancellation, or suspension. The hearing shall be conducted according to the procedures contained in A.R.S. Title 41, Chapter 6, Article 10.

5. The Department shall inform an applicant who is denied a certificate or a school bus driver whose certificate is canceled or suspended of the amount of time that must elapse before the applicant or the school bus driver may reapply for certification. The Department shall include this information in the notice of denial, cancellation, or suspension and the notice of final order, if any, served on the applicant or school bus driver. In determining the amount of time that must elapse before reapplication, the Department shall consider:

a. The seriousness of the offense leading to denial, cancellation, or suspension;

b. The frequency with which the offense occurred; and

c. The amount of time required to correct the offense.

L. If a school bus driver is terminated from or leaves employment, the employer shall provide written notice to the Department within 30 days of the termination or leaving. If a school bus driver transfers employment from one employer to a second employer, within 14 days of the transfer the second employer shall provide written notice to the Department of the:

1. School bus driver's name,

2. School bus driver's certification number,

3. Name of the transferring employer, and

4. Effective date of the transfer.

Ariz. Admin. Code § R13-13-102

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