Section 92-91-003 - Pupil Transportation Driver Qualification Criteria003.01 Pupil transportation vehicles used to transport one or more school children must be driven by individuals who have met the criteria as stated in this Chapter whenever such transportation service is sponsored and approved by a local school's governing board. Drivers employed by schools' independent contractors, and drivers independently contracted by a military base to transport children to school must also meet this criteria to be qualified to drive a pupil transportation vehicle. 003.01A Pupil transportation vehicle drivers of small vehicles on activity trips shall be provided instruction in emergency evacuation procedures, first aid, and other instruction applicable to the group of students being transported a by their employer prior to such transportation activity.003.01B Substitute pupil transportation vehicle drivers shall meet the same driver requirements and qualifications as a regular pupil transportation vehicle driver. 003.01B1 A pupil transportation vehicle driver shall not have the authority to assign a substitute without the prior approval of a school administrator or person designated by the local governing school board.003.02Requirements to be a Pupil Transportation Vehicle Driver003.02ADrivers Eligibility. The following requirements shall be met at all times by individuals to be a pupil transportation vehicle driver: 003.02A1 The individual shall possess a valid Motor Vehicle operator's license required for the vehicle(s) that will be driven to transport students;003.02A2 The individual shall be able to read and comprehend driving regulations and written test questions; 003.02A3 The individual shall be a minimum of 18 years of age; and 003.02A4 The individual shall be of good moral character.003.02BType of Vehicle Qualifications for Pupil Transportation Drivers. The following categories of pupil transportation vehicles that drivers can be qualified to drive are: Category | Vehicle | Capacity-Not Including the Driver | Minimum DMV License Required |
A | Small Vehicle: Car or Van (Routes only) | 1-10 passengers | Class O Operator's License |
B | School Bus | Up to 14 passengers | Class O Operator's License |
C | School Bus | 15 or more passengers | Commercial Driver's License with Passenger and School Bus Endorsements |
003.02CInitial Training Requirements to Qualify as a Pupil Transportation Driver. When an individual has never held a school bus permit, or has never met the requirements to gualify to drive a pupil transportation vehicle, the following requirements shall be met: 003.02C1 Complete a "Behind the Wheel" training and pre-service evaluation that is administered by a driver with a valid school bus permit or a driver who is qualified to drive a pupil transportation vehicle and holds an equal or higher vehicle qualification. Upon completion of the evaluation, the administering driver will issue a completed Pre-Service Evaluation Form (see Appendix D) and School Transportation Maneuvers Road Test Examiner's Summary to the a individual. The individual must hold a CLP-Learner's Permit for commercial vehicles before attempting to complete this training and evaluation pursuant to Sections 60-4,141 through 60-4,143 R.R.S., which is required if operating a bus on a public roadway.003.02C2 Successfully complete a Level I Instructional Course by receiving at least the minimum score on the Level I Instructional Course Exam. 003.02C3 Pass a prescribed physical examination administered by a Certified Medical Eexaminer who is listed on the Federal Motor Carrier Safety Administration (FMCSA) National Registry, conducted according to the Department of Transportation Federal Motor Carrier Safety Regulation Section 391.41 ( 49 CFR 391.41) and a record maintained as set forth in Department of Transportation Federal Motor Carriers Safety Regulation Section 391.43 ( 49 CFR 391.43) . This physical exam is valid for two (2) years from the date of exam. The individual shall provide the employer with a copy of the Medical Examiner's Certificate prior to operating any pupil transportation vehicle.003.02DRequirements for an Individual to Maintain Status as a Qualified Pupil Transportation Driver. The individual shall: 003.02D1 Meet the requirements as described in subsection 003.02C3. 003.02D2 Within five (5) years of completing a Level I Instructional Course and each subsequent five (5) year period, the driver shall complete a Level II Instructional Course. This requirement may be waived for sixty (60) days if the applicant receives at least the minimum score on the Level II waiver examination. 003.02D2a If more than five (5) years have passed since an individual has successfully completed a Level I or Level II Instructional Course, the Level I Instructional Course shall be taken again.003.03Responsibilities of Employers of Pupil Transportation Drivers003.03A Each employer shall have a valid Medical Examiner's Certificate for each driver it employs on file. If the Medical Examiner's Certificate is valid for less than two (2) years, the employer shall require an updated valid Certificate prior to the expiration of the previous Certificate. 003.03B When the employer becomes aware that a driver's Medical Examiner's Certificate is no longer valid, the employer will remove the driver from duties as a pupil transportation driver until a valid Medical Examiner's Certificate has been provided. 003.03C The employer shall annually obtain from the Nebraska Department of Motor Vehicles the driving record for every pupil transportation vehicle driver, and apply the satisfactory driving criteria, as determined by the local school governing board policy, before a pupil transportation vehicle driver may drive a pupil transportation vehicle. 003.03D The employer shall obtain a criminal history record that includes information from the Nebraska State Patrol for all individuals that are to be employed as pupil transportation vehicle drivers and keep a copy of that record on file. 003.03D1 Each individuals' criminal history record shall be updated during the calendar year that coincides with the expiration of the individual's motor vehicle operator's license. 003.03D2 The employer is not required to obtain a criminal history record for drivers who are also certificated Nebraska school administrators or teachers. 003.03E Employers shall annually provide a minimum of two (2) hours of in-service training for all pupil transportation vehicle drivers that, at a minimum, include emergency evacuations, loading/unloading, student management, vehicle inspections and the school's Safe Pupil Transportation Plan.92 Neb. Admin. Code, ch. 91, § 003
Amended effective 7/1/2019