N.J. Admin. Code § 13:20-30.14

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:20-30.14 - Driver qualification; criminal history record information; driver qualification employment records

(a) A person shall not operate a school bus that is registered in this State unless such person has been issued a Commercial Driver License with School Bus Endorsement by the Chief Administrator or, in the case of a nonresident, has been issued a Commercial Driver License with School Bus Endorsement by his or her state of residence.

(b) A school bus driver shall submit to a criminal history record check at the time of his or her initial application and any renewal application for a Commercial Driver License with School Bus Endorsement authorizing the driver to operate a school bus by providing to the Department of Education his or her name, address, and fingerprints taken on standard fingerprint cards or electronically by a law enforcement agency as designated by the Superintendent of the New Jersey State Police.

(c) A school bus driver who provides services only to a nonpublic school shall not be required to undergo a criminal history record check through the Department of Education pursuant to 18A:6-4.1 3 provided that the chief administrator of the nonpublic school provides written documentation indicating that the school bus driver is not required to undergo a criminal history record check as a condition of employment or service under contract.

(d) Notwithstanding (c) above, a school bus driver who provides services only to a nonpublic school and who is not required to undergo a criminal history record check through the Department of Education pursuant to 18A:6-4.1 3 shall submit to a criminal history record check in accordance with 39:3-10.1 at the time of his or her initial application and any renewal application for a Commercial Driver License with School Bus Endorsement authorizing the driver to operate a school bus by providing to the Motor Vehicle Commission his or her name, address, and fingerprints taken on standard fingerprint cards or electronically by a law enforcement agency as designated by the Superintendent of the New Jersey State Police.

(e) The school bus driver shall authorize the Department of Education or the Motor Vehicle Commission, whichever is the appropriate supervising agency, to request the State Bureau of Identification to attach an SBI Number Flag to the school bus driver's SBI numbers in accordance with 13:59-1.8.

(f) An operator shall maintain a driver qualification employment record for each driver employed by the operator. Failure to maintain all required records shall subject an operator to the penalties set forth at N.J.A.C. 13:20-30.11. A driver qualification employment record shall include the following:

1. The driver's name, social security number, driver license number, driver license type, and the issuing state of the driver's commercial motor vehicle operator's license with appropriate endorsement authorizing the driver to operate a school bus;

2. A Medical Examiner's Certificate of the driver's physical qualification to drive a school bus in the form of a satisfactory medical report, which is compliant with the requirements set forth at 49 CFR 391.43 and N.J.A.C. 13:21-23.28(l) and is completed by a licensed physician;

3. In addition to the requirement in (f)2 above, for every holder of a school bus endorsement who is 70 to 74 years of age, an annual Medical Doctor or Osteopathic Physician Evaluation. A licensed medical doctor or osteopathic physician must perform an examination, and complete and certify a Medical Doctor or Osteopathic Physician Evaluation, in the format prescribed by the Chief Administrator, as evidence of the examination and the continuing physical fitness of the school bus endorsement holder pursuant to N.J.S.A. 39:3 -10.1 and N.J.A.C. 13:21-23.15. An operator shall maintain the annual evaluation for three years after the date of execution of the evaluation;

4. In addition to the requirement in (f)2 above, for every holder of a school bus endorsement who is 75 years of age or older, a Medical Doctor or Osteopathic Physician Evaluation every six months. A licensed medical doctor or osteopathic physician must perform an examination, and complete and certify a Medical Doctor or Osteopathic Physician Evaluation, in the format prescribed by the Chief Administrator, as evidence of the examination and the continuing physical fitness of the driver pursuant to N.J.S.A. 39:3-10.1 and N.J.A.C. 13:21-23.15. An operator shall maintain each of the two evaluations required yearly for three years after the date of execution of the evaluation;

5. The date of the driver's criminal history record check; and

6. A Motor Vehicle Commission's driver history abstract of the driver that is updated on an annual basis.

N.J. Admin. Code § 13:20-30.14

Amended by 52 N.J.R. 149(a), effective 2/3/2020