Section 92-92-001 - General Information001.01Statutory Authority. This Chapter is adopted pursuant to Sections 79-318(12) and 79-602 of the Revised Statutes of Nebraska (R.R.S.).001.02Scope and Application. This Chapter presents: 001.02A The minimum equipment standards required on all vehicles utilized to transport public and nonpublic school students. The following regulations, when addressing subject matter regulated by the Federal Motor Vehicle Safety Standards, (FMVSS), 49 Code of Federal Regulations (CFR) 571.101 et seq., are identical to or additional requirements beyond what is addressed in the FMVSS. Should conflicts be found or arise between the following regulations and the FMVSS, as to the same aspect of performance of a motor vehicle or motor vehicle equipment, the FMVSS or any other applicable provision of federal law or regulation shall supersede these regulations; and 001.02B The safety inspection criteria required for all vehicles utilized to transport public and non-public school students.001.03Related Regulation. An additional regulation promulgated by the Nebraska Department of Education dealing with pupil transportation is Rule 91, Regulations Governing Driver Qualifications and Operational Procedures for Pupil Transportation Vehicles.001.04Penalty Provisions. Sections 79-603 and 79-607 of the Revised Statutes of Nebraska (R.R.S.) provide that violation of statutory requirements for inspections of pupil transportation vehicles, safety features, or traffic rules or regulations which relate to school bus transportation, may result in a person being guilty of a misdemeanor.001.05Effective date and Implementation Date. Regardless of the effective date of this Chapter, the implementation (operative) date will be 180 days after its effective date. Prior to that date, the provisions of 92 NAC 92 effective July 7, 2015 shall remain in effect. School buses and activity buses manufactured on or after this Chapter's implementation date shall meet or exceed the equipment standards in Section 005. See also "Vehicle Purchase and Use" at subsection 003.01. Regulations concerning small vehicle equipment (Section 006), additional required equipment for vehicles used with mobile seating devices (Section 007), and vehicle inspection criteria (Sections 008 - 011) apply as of the implementation date regardless of the date of manufacture of such vehicles.92 Neb. Admin. Code, ch. 92, § 001
Amended effective 7/1/2019