Section 92-92-003 - Responsibility of the Schools003.01Vehicle Purchase and Use. Schools shall use only school buses, activity buses and equipment which comply with the minimum equipment standards in effect on the date the vehicles were manufactured. Vehicles with manufacturer's rated seating capacity of eleven or more passengers manufactured prior to April 1, 1977, shall not qualify as a pupil transportation vehicle and shall not be used for pupil transportation unless a "coach bus" used as provided in subsection 003.04. 003.01A Schools may purchase and use vehicles that have certain chassis or body equipment that comply with the standards applicable to the vehicle on the date of the vehicle's manufacture, while having other certain chassis or body equipment that instead comply with the standards concerning such equipment in effect on a later, but only if the school files a written assurance statement with NDE that: (i) describes which chassis or body equipment on the vehicle complies with the standards in effect on the later date but not on the date of manufacture; and (ii) after inquiring of its board appointed mechanic or other individual it deems qualified, the school is satisfied that no safety hazards or dangerous conditions are created by having a combination of such equipment.003.02Activity Buses. Activity Buses, when used exclusively for an activity trip or trips, are exempt from the following requirements of this Chapter: 003.02A Subsection 005.10 (color)003.02B Subsection 005.32C (alternating flashing signal lamps)003.02C Subsection 005.49 (stop signal arm)003.03Use of a School Bus for Purposes Other Than Transporting Students. If a school bus is used for purposes other than transporting students, it must be in compliance with Section 60-6,175(7) R.R.S.003.04Use of Coach Buses By Schools. Schools may charter or contract for the use of coach buses or other vehicles, as provided in Section 79-602 R.R.S., if such vehicles have been inspected or are subject to inspection under the rules and regulations of the Public Service Commission, Carrier Enforcement Division of the State Patrol, or the Division of Motor Carrier Services pursuant to Sections 75-363 through 75-369.07 R.R.S. Schools may own and operate coach buses for use on student activity trips if: (1) such vehicles are exempt from the inspection under Section 79-602 R.R.S., or (2) if such vehicles are not exempt from inspection under Section 79-602 R.R.S., if the school board or governing authority has such a vehicle inspected before school opens in the Fall and each eighty (80) days during that part of the year when school is in session by a motor vehicle mechanic it has appointed. The mechanic shall thoroughly inspect every vehicle as to brakes, lights, windshield wipers, window glass, tires, doors, heaters, defrosting equipment, steering gear, and exhaust system for compliance with the criteria prescribed for these items in Appendix H and Section 010 of this Chapter. Within five (5) days after such inspection, the mechanic shall make a report of his or her inspection in writing on forms provided by the Department of Education to the local school board or governing authority, and the Board or governing authority shall cause any deficiencies to be corrected. 003.04A Federal motor vehicle safety laws and regulations (49 U.S.C. Secs. 30112 and 30125, 49 CFR Part 571), require that a person may not sell a "new", ("first purchase"), vehicle designed to carry more than ten (10) passengers that is likely to be used significantly to transport preprimary, primary, and secondary school students to or from school or an event related to school if the vehicle does not conform to the Federal Motor Vehicle Safety Standards for "school buses" in 49 CFR Part 571.003.05Compliance with Minimum Allowable Safety Criteria. As provided in Section 79-602 R.R.S., the school's appointed mechanics shall inspect and assure that pupil transportation vehicles meet the minimum allowable safety criteria. Any item not meeting such criteria shall be brought into compliance prior to the vehicle being used to transport students.92 Neb. Admin. Code, ch. 92, § 003
Amended effective 7/1/2019