N.J. Admin. Code § 13:20-30.5

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

Section 13:20-30.5 - Inspection of school buses in operation

(a) Every State Police officer and every school bus inspector of the Motor Vehicle Commission, at the direction of the Chief Administrator, or at the request of the Office of Student Transportation in the Department of Education, may enter upon and perform inspections of school buses in operation upon the highways of this State or at the premises or places of business of the operator of such vehicles provided, however, that such State Police officer or Motor Vehicle Commission school bus inspector has been authorized so to inspect by the Chief Administrator and has been trained with regard to school bus inspection standards and test procedures.

(b) Reports of the inspection described in (a) above shall be submitted to the Chief Administrator or his or her designee. Such reports shall remain on file at the Motor Vehicle Commission for two years from the date of the inspection. The right of examination of such reports may be denied pursuant to 47:1A-3 in cases where the reports being sought for examination pertain to any investigation in progress, if the inspection, copying, or publication of the reports is not in the public interest.

(c) Any authorized State Police officer or Motor Vehicle Commission school bus inspector shall declare and mark "out-of-service" any school bus which by reason of its mechanical condition may cause a breakdown, accident, or unsafe condition for the occupants thereof.

(d) Any school bus that has been declared and marked "out-of-service" shall not transport passengers but may be driven to obtain reinspection, as long as repairs are made to comply with State and Federal rules and regulations. Transportation of passengers shall not occur until the bus has been reinspected and approved by the Motor Vehicle Commission's Inspection Services Bus Unit. The vehicles marked "out-of-service" may be towed by means of a vehicle using a crane or hoist provided that the vehicle combination consisting of the emergency towing vehicle and the "out-of-service" vehicle meets the performance requirements of 39:3-68.

(e) No person shall remove any marking indicating that a school bus has been declared "out-of-service" prior to the completion of all "out-of-service" repairs.

(f) The person or persons completing the repairs required by the "out-of-service" notice, or a designee, shall certify to the Chief Administrator on a form prescribed by the Chief Administrator, the date and the time the required repairs were completed. The school bus out-of-service repair certification shall include the bus number and registration number; a statement indicating that all out-of-service violations have been repaired and that the repairs meet all State and Federal requirements. The name of the repairer must be printed, the repairer's signature must be provided, and identification of the facility, date, and time of the repairs must be provided. The form that shall be used for the school bus out-of-service repair certification can be found on the Motor Vehicle Commission website at http://www.state.nj.us/mvc/Inspections/SchoolBus.htm.

(g) No persons may be transported in a school bus that has been declared "out-of-service" prior to the completion of all "out-of-service" repairs and the Motor Vehicle Commission's inspection and certification of all "out-of-service" repairs.

(h) The driver of any school bus who receives notice that the vehicle is "out-of-service" shall deliver such notice to the operator upon his or her arrival at the next terminal, maintenance facility, or place of business of the operator.

(i) Any and all defects and deficiencies noted on the "out-of-service" notice shall be corrected. The driver's failure to comply with (h) above shall not excuse the operator from taking appropriate action to correct defects and deficiencies which come to his or her attention by any means whatsoever.

N.J. Admin. Code § 13:20-30.5

Amended by R.1996 d.28, effective 1/16/1996.
See: 27 N.J.R. 4140(a), 28 N.J.R. 272(a).
Amended by R.2003 d.36, effective 1/21/2003.
See: 34 N.J.R. 829(a), 35 N.J.R. 450(a).
Rewrote the section.
Amended by R.2006 d.249, effective 7/3/2006.
See: 38 N.J.R. 386(b), 38 N.J.R. 2835(a).
Substituted "Motor Vehicle Commission" for "Division" and "Chief Administrator" for "Director" throughout; and in (g), substituted "Motor Vehicle Commission's" for "Division's".
Amended by R.2012 d.023, effective 2/6/2012.
See: 43 N.J.R. 1831(a), 44 N.J.R. 287(b).
Rewrote (d); and in (f), inserted ", or a designee,", "on a form prescribed by the Chief Administrator" and the last sentence.
Amended by R.2013 d.061, effective 4/15/2013.
See: 44 N.J.R. 2276(a), 45 N.J.R. 945(a).
Rewrote (f).