La. Admin. Code tit. 28 § CXIII-3101

Current through Register Vol. 50, No. 11, November 20, 2024
Section CXIII-3101 - Definitions

Accident-any incident in which a school bus is involved that results in death, personal injury, and/or property damage, regardless of who was responsible. This applies whether the school bus was in motion, temporarily stopped, parked, being loaded, or unloaded and on public or private property.

Accident Reporting Form-form used to report the occurrence of any incident which involves death, personal injury and/or property damage regardless of who was responsible. This applies whether the school bus was in motion, temporarily stopped parked, being loaded, or unloaded and on public or private property. Use of the form promotes the compilation of accurate, uniform, and reliable information about school bus accidents so that problems and trends can be identified and effective safety programs can be developed.

Activity Bus Driver-a person meeting all licensing requirements and local, state and federal regulations to operate a vehicle used to transport students to and from school-related activities or on "as-needed" basis for the LEA.

Alternately Flashing Signal Lamps-a system of red and amber signal lamps mounted horizontally both front and rear, intended to identify a vehicle as a school bus and to inform other users of the highway that the bus is about to stop or is stopped to load or unload children.

Attendant (Aide)-a person assigned to assist one or more individual student(s) on a school bus or school vehicle.

BESE-Board of Elementary and Secondary Education.

Body Fluids Cleanup Kit-package of materials including, but not limited to, latex gloves, disposal bag, and absorbent material, used to clean up spills of potentially infected bodily fluids, under OSHA's Bloodborne Pathogens regulations and Universal Precautions practice.

Cancellation-a driver's license is annulled because of some error or defect or because the licensee is no longer entitled to such license, but the cancellation of a license is without prejudice and application for a new license may be made at any time after such cancellation.

CFR-Code of Federal Regulations.

Commercial Driver's License (CDL)-the license required to operate a commercial motor vehicle.

Commercial Motor Vehicle-a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle meets one of the following requirements:

1. has a gross combination weight rating of twenty-six thousand one or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than ten thousand pounds;

2. has a gross vehicle weight rating of twenty-six thousand one or more pounds;

3. is designed to transport sixteen or more passengers, including the driver.

Controlled-Access Highway-every highway, street, or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street, or roadway.

Convicted or Conviction-includes the entry of a plea of guilty or nolo contendere to a felony offense.

Criminal Record Check-the investigation of a person's criminal history through submission of fingerprints to state and/or federal authorities; also known as background check.

Crossing Control Arm-a device attached to the front bumper of a school bus that is activated during loading and unloading and designed to force the students to walk far enough away from the front of the bus to be seen by the driver.

Cross-Walk-

1. part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in absence of curbs, from the edges of the traversable roadway;

2. any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.

Dealer-any person who is engaged in the sale and distribution of new motor vehicles or motor vehicle equipment.

DOE-Department of Education.

Divided Highway-any highway divided into roadways by a median, physical barrier, or clearly indicated dividing section so constructed as to impede vehicular traffic.

Driver-every person who drives or is in actual physical control of a vehicle.

Driver's License or License-any license secured from the Department of Public Safety and Corrections, Office of Motor Vehicles, in accordance with this Chapter to operate a motor vehicle on the highways of this state.

Emergency Evacuation Drill Verification Form (Form T-8)-form used to verify that emergency drill procedures have been taught to passengers and emergency drills were conducted. The form must be completed at the beginning of each semester and submitted to the district transportation office.

Employee Notification Form-form used by a school bus driver to report his/her non-compliance with provisions of the Commercial Motor Vehicle Safety Act of 1986.

Federal Motor Vehicle Safety Standards (FMVSS)- 49 CFR 571, the regulations to which manufacturers of motor vehicles and equipment items must conform and certify compliance. These federal safety standards are regulations written in terms of minimum safety performance requirements.

Gross Weight-the weight of a vehicle and/or combination of vehicles without load on all axles including the steering axle plus the weight of any load thereon.

Highway-the entire width between the boundary lines of every way or place of whatever nature publicly maintained and open to the use of the public for the purpose of vehicular travel, including bridges, causeways, tunnels and ferries; synonymous with the word "street".

Intersection-

1. the area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict;

2. where a highway includes two highways thirty feet or more apart, then every crossing of each highway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two highways thirty feet or more apart, then every crossing of two highways of such highways shall be regarded as a separate intersection;

3. the junction of an alley with a street or highway shall not constitute an intersection.

Interstate Highway-a fully controlled access highway which is a part of the National System of Interstate and Defense Highways.

Laned Roadway or Highway-a roadway or highway which is divided into two or more clearly marked lanes for vehicular traffic.

Length-the total longitudinal dimension of a single vehicle, a trailer, or a semi-trailer. Length of a trailer or semi-trailer is measured from the front of the cargo-carrying unit to its rear and includes load-holding devices thereon.

Load-a weight or quantity of anything resting upon something else regarded as its support.

Loading Zone-any area where students are boarding or leaving a school bus.

Manufacturer-any person engaged in the manufacturing or assembling of motor vehicles or items of motor vehicle equipment, including any person importing motor vehicle equipment for resale.

Motor Carrier-any person owning, controlling, managing, operating, or causing to be used or operated any commercial motor vehicle used in the transportation of persons or property over the public highways of this state.

Motor Vehicle-every vehicle which is self-propelled, and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, but excluding a motorized bicycle. Motor vehicle shall also include a "low-speed vehicle" which is a four-wheeled, electric-powered vehicle with a maximum speed of not less than twenty miles per hour but not more than twenty-five miles per hour and is equipped with the minimum motor vehicle equipment appropriate for vehicle safety as required in 49 CFR 571.500.

Multiple-Lane Highway-any highway with two or more clearly marked lanes for traffic in each direction.

NHTSA (National Highway Traffic Safety Administration-the agency of the Executive branch of the United States Department of Transportation charged with writing and enforcing safety, theft resistance, and fuel economy standards for motor vehicles.

Operator-any person, other than a chauffeur, who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle.

Owner-a person who holds a legal title to a vehicle or in the event a vehicle is the subject of an agreement for the conditional sale, lease, or transfer of possession thereof with the right of purchase upon the performance of the conditions stated in the agreement, with the right of immediate possession in the vendee, lessee, or possessor.

Park or Parking-the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.

Parking Area-an area used by the public as a means of access to and egress from, and for the free parking of motor vehicles by patrons of a shopping center, business, factory, hospital, institution, or similar building or location.

Pedestrian-any person afoot.

Power Lift-a mechanized platform designed to provide access to a vehicle for an occupied mobility aid/wheelchair; also known as a wheelchair lift.

Private Road or Driveway-every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.

Railroad-a carrier of persons or property upon cars, other than streetcars, operated upon stationary rails.

Railroad Crossing-the intersection of a highway, street or roadway and railroad tracks.

Railroad Sign or Signal- any sign, signal, or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.

Residence District-the territory contiguous to a highway not comprising a business district, when the frontage on such a highway for a distance of three hundred feet or more is mainly occupied by dwellings or by dwellings and buildings in use for business.

Revocation-the driver's license to drive a motor vehicle on the highways is terminated and shall not be renewed, except that an application for a new license may be presented and acted upon by the Department of Public Safety and Corrections, Office of Motor Vehicles, after the expiration of at least one year after revocation.

Right of Way-the privilege of the immediate use of the highway.

Roadway-that portion of a highway improved, designed, or ordinarily used for vehicular traffic, exclusive of the berm or shoulder. A divided highway has two or more roadways.

Route-the term shall apply to the combined total daily trips regularly assigned to the bus driver.

Safe Riding Practices Classroom Instruction Form (Form T-7)-form used to verify that all students in a school have received instruction on safe school bus riding practices.

Safety Zone-the area or space officially set apart within a highway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.

School Bus-

1. Federal Definition. School Bus-passenger motor vehicle designed to carry a driver and more than 10 passengers, which the Secretary of Transportation decides is likely to be used significantly to transport preprimary, primary, and secondary students to or from school or an event related to school;

2. State Definition. School Bus-every motor vehicle that complies with the color, equipment, and identification requirements required by law and is used to transport children to and from school or in connection with school activities, but not including buses operated by common carriers in urban transportation of school children.

a. Type "A" school bus is a conversion or 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 and less than or equal to 21,500 pounds.

b. Type "B" school bus is 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.

c. Type "C" school bus is constructed utilizing a chassis with a hood and front fender assembly. The entrance door is behind the front wheels; also known as a conventional school bu s. This type also includes cutaway truck chassis or truck chassis with cab with or without a left side door and a GVWR greater than 21,500 pounds.

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

e. Specially equipped school bus is designed, equipped, or modified to accommodate students with special needs.

School Bus Behavior Report Form-form used to inform parents/guardians of behavioral incidents on the school bus and subsequent disciplinary action taken by school officials. The form requires signature of the principal and allows for comment from the student and/or parent/guardian

School Bus Driver-the employee or contracted individual hired to operate a school bus over designated routes within an established time schedule, to transport students to and from school or school-related activities, perform daily inspections of a school bus and equipment; to fulfill requirements set by the LEA.

School Bus Operator Certification Program-the school bus driver certification program developed by the DOE and mandated by state law for all school bus drivers to be eligible to transport students to and from school or school-related activities.

School Bus Purchase Form (Form T-10)-form to be completed by the seller of any new or used school bus to verify the vehicle meets all Federal Motor Vehicles Safety Standards (FMVSS) and requirements set forth by the Louisiana Board of Elementary and Secondary Education.

Seat Belt-the manual restraint system installed by the manufacturer as required by Federal Motor Vehicle Standard No. 208 which became effective January 1, 1968.

Shoulder-the portion of the highway contiguous with the roadway for accommodation of stopped vehicles, for emergency use, and for lateral support of base and surface.

Sidewalk-that portion of a highway between the curb lines, or the lateral lines of a highway, and the adjacent property lines, intended for the use of pedestrians.

Specially Equipped School Bus-any school bus designed, equipped, or modified to accommodate students with disabilities.

Special Route -a route established for students with disabilities who cannot be transported by school buses or within the regular established school bus routing system, and must be transported in non-school buses that meet appropriate federal, state and special equipment requirements.

Stand or Standing- the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.

State Maintained Highway-any highway in this state which is contained in the state highway system as defined by law or which is maintained by the Department of Transportation and Development.

Stop-the complete cessation from movement.

Street-the entire width between the boundary lines of every way or place of whatever nature publicly maintained and open to the use of the public for the purpose of vehicular travel, including bridges, causeways, tunnels, and ferries; synonymous with the word "highway".

Student and Family Verification Form-form used to verify that parents/guardians have read and reviewed with their child the rules and regulations for students riding buses. The form requires signatures of parent/guardian and student. The completed form is made part of the student's permanent record.

Suspension-the driver's license to drive a motor vehicle on the highways is temporarily withdrawn during the period of such suspension.

Tenured School Bus Driver-a full-time driver who has successfully completed the three-year probationary period prior to July 1, 2012.

Through Highway-every highway or portion thereof on which vehicular traffic is given preferential right of way, and at the entrances to which vehicular traffic from intersecting highways is required by law to yield the right of way to vehicles on such through highway in obedience to either a stop sign or a yield sign, when such signs are erected as provided in this Chapter.

Traffic-pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for purposes of travel.

Traffic Control Device-all signs, signals, markings, and devices, not inconsistent with this Chapter, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic.

Traffic Control Signal-a type of highway traffic signal, manually, electrically or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.

Transportation Vehicle- include LEA owned school buses, independently owned school buses, or other approved vehicles used for transporting passengers to and from school and school-related activities.

Trip-that segment of a route in which passengers are picked up at the home bus stop and all passengers are discharged at the school destination, or visa versa.

La. Admin. Code tit. 28, § CXIII-3101

Promulgated by the Board of Elementary and Secondary Education, LR 25:641 (April 1999), amended LR 36:1481 (July 2010), LR 37:2126 (July 2011), LR 39:81 (January 2013).
AUTHORITY NOTE: Promulgated in accordance with R.S. 17:158, R.S. 17:160-161, and R.S. 17:164-166.