Section 92-92-002 - Definitions002.01Activity Bus means a motor vehicle with motive power, except a trailer, designed or modified by the manufacturer, distributor or dealer for carrying eleven (11) or more passengers, excluding the driver, meeting or exceeding this Chapter (except as provided in to subsection 003.02 of this Chapter) which at any time would be used to carry school children and school personnel exclusively on a school activity trip from a given location to a second location without stopping to load or unload children or control traffic on public highways, provided that such transportation service is sponsored and approved by the local school governing board. This includes Multi-Function School Activity Bus as defined in 49 CFR 571.3 and does not preclude the use of a school bus as an activity bus.002.02Activity Trip means the transportation of children, pupils and school personnel to and from a given location to a second or subsequent location or locations without stopping to load or unload the passengers on the public highways for the purpose of transporting the passengers to any activity or event sanctioned, authorized or sponsored by the school district or the local school's governing board.002.03Motor Coach Bus means a vehicle not designed primarily for the transportation of school children to and from school and school related activities, but as a commercial motor vehicle as a part of the operation of a common or contract carrier, as those terms are defined in Section 75-302 R.R.S., with a Gross Vehicle Weight of greater than 33,000 lbs., with a semi-monocoque/monocoque unitized body construction and which has high back seats, under-the-floor storage, and is designed to seat at least 32 passengers. For purposes of this Section, monocoque means a design where the skin or shell of the vehicle acts as a single unit with the supporting frame and semi-monocoque means a design where the skin or shell of the vehicle acts, to some extent, as a single unit with the supporting frame. Such buses are also commonly known as "over-the-road coaches."002.04Federal Motor Vehicles Safety Standards (FMVSS) means the construction standards developed and enforced by the National Highway Traffic Safety Administration (NHTSA) that apply to all new motor vehicles and items of motor vehicle safety equipment must conform with 49 CFR Part 571.002.05Route means a designated course regularly traveled by a pupil transportation vehicle to pick up students from home or pickup points and take them to school or other location related to a student's instructional program or to deliver students from school to their homes or designated drop-off points.002.06School Bus means a motor vehicle with motive power, except a trailer, designed or modified by the manufacturer, distributor or dealer for carrying eleven (11) or more passengers, excluding the driver, meeting or exceeding the requirements of this Chapter which at any time is used to carry school children and school personnel exclusively that is sponsored and approved by the local school governing board. School bus includes an Activity Bus (as defined in this Chapter) and Multi-Function School Activity Bus (MFSAB) as defined in 49 CFR 571.3 except where otherwise provided in this Chapter (see subsection 003.02). Vehicles that only carry school children along with other passengers as a part of the operation of a common carrier under the jurisdiction of United States Department of Transportation, Nebraska Public Service Commission, Nebraska State Patrol Carrier Enforcement, or the Nebraska Department of Motor Vehicles Division of Motor Carrier Services are not included within the definition of school bus. 002.06A Type A School/Activity Bus is a conversion or body constructed upon a van-type compact truck or a front-section vehicle with a left side driver's door and designed for carrying more than ten (10) persons. This definition includes Type A-1, with a Gross Vehicle Weight Rating (GVWR) of 14,500 pounds or less and Type A-2, with a GVWR of greater than 14,500 pounds and less than or equal to 21,500 pounds.002.06B Type B School/Activity Bus is a conversion or body constructed and installed upon a van or front-section vehicle chassis, or stripped chassis. This definition includes Type B-1, with a GVWR of less than 10,000 pounds and Type B-2 with a GVWR of more than 10,000 pounds. This vehicle is designed for carrying more than ten (10) persons. Part of the engine is beneath and/or behind the windshield and beside the driver's seat. The entrance door is behind the front wheels.002.06C Type C School/Activity Bus is a body installed upon a flat back cowl chassis with a GVWR of more than 21,500 pounds, and designed for carrying more than ten (10) persons. All of the engine is in front of the windshield and the entrance door is behind the front wheels.002.06D Type D School/Activity Bus is a body installed upon a chassis with the engine mounted in the front, midship, or rear, with a gross vehicle weight rating of more than 10,000 pounds, and designed for carrying more than ten (10) persons. The engine may be behind the windshield and beside the driver's seat, it may be at the rear of the bus, behind the rear wheels, or midship between the front and rear axles. The entrance door is ahead of the front wheels.002.07Small Vehicle means a motor vehicle with motive power, except a trailer, designed or modified by the manufacturer, distributor or dealer for carrying ten (10) or fewer passengers, excluding the driver, meeting or exceeding Nebraska Department of Education minimum standards for small vehicles which at any time would be used to carry students exclusively that is sponsored and approved by the local school governing board. If the seating capacity of the vehicle has been reduced to meet the definition of a small vehicle, the manufacturer, distributor, or dealer shall recertify the vehicle if required by 49 CFR 567.7. The capacity of the vehicle shall be posted inside the vehicle in a conspicuous location. The preceding definition is not intended to include private motor vehicles used exclusively to carry members of the owner's household. 002.07A Vehicles that have an original manufacturer's vehicle type classification label under 49 CFR 567.4 of "bus" and that have an original manufacturer's designated seating capacity of 15 persons maximum (e.g. 15-passenger vans) shall not qualify as a small vehicle.002.08Pupil Transportation Vehicle means any vehicle utilized to carry school children as sponsored and approved by the local school governing board and conforms to the Nebraska Department of Education definitions of pupil transportation vehicles listed in this Chapter.92 Neb. Admin. Code, ch. 92, § 002
Amended effective 7/1/2019