Ohio Admin. Code 3301-83-19

Current through all regulations passed and filed through October 28, 2024

Section 3301-83-19 - Authorized vehicles for transportation of pupils to and from school and school-related events

The following are authorized vehicles for the transportation of pupils to and from school and school-related events:

(A) School buses

All vehicles designed to carry more than nine passengers, not including the driver, and used to transport pupils to or from school or school-related events shall meet or exceed all applicable federal regulations and the Ohio school bus construction standards. Refer to division (F) of section 4511.01 of the Revised Code and rules 4501-5-01 to 4501-5-04 of the Administrative Code.

(B) Public transit vehicles

Public transit vehicles includes vehicles owned and operated by regional transit authorities or community transit authorities, or which are privately owned, under contract with a board of education or county board of developmental disabilities and operated on routes designed for the purpose of transporting fare-paying passengers and eligible pupils simultaneously.

Nonconforming vehicles (i.e. ten to fifteen passenger motor vehicles not meeting the FMCSR's for a school bus) shall not be used for the transportation of pupils by any carrier unless they exceed ten-thousand pounds GVWR or are designed to carry more than sixteen passengers including the driver.

(C) Vehicles other than school buses

Vehicles originally designed and constructed at the factory for nine or fewer passengers, not including the driver, to be used when school bus transportation cannot be reasonably provided, shall not be routinely used for service to and from regularly scheduled school sessions except for preschool children, special needs children, homeless children, foster children, children inaccessible to school buses, students placed in alternative schools or for work programs. This paragraph does not apply to parental transportation of children as set forth in rule 3301-83-04 of the Administrative Code.

Requirements for vehicles identified in this section shall include the following:

(1) The vehicle shall be equipped with safety equipment including a fire extinguisher, first-aid kit, body fluid cleanup kit, fuses, spare fuses, and emergency reflectors.

(2) The vehicle shall have a rooftop sign marked "School Transportation."

(3) The name of the school district, or the name of the contractor, if applicable, shall be clearly marked on the side of the vehicle.

(4) These vehicles shall be inspected by a qualified mechanic not less than two times per year. This inspection shall cover at the minimum all applicable sections of the school bus inspection detailed in paragraph (B) of rule 3301-83-11 of the Administrative Code. In addition, periodic maintenance intervals shall be established and implemented. Documentation and proof of these inspections and service procedures, in addition to all other vehicle records required under rule 3301-83-14 of the Administrative Code, shall be kept on file with the school district transportation department.

(5) It is the responsibility of each vehicle driver to complete and document a daily pre-trip inspection before transporting pupils. The vehicle owner may designate another qualified individual to complete and record portions of the stationary inspection in lieu of the vehicle driver. Pre-trip inspection records shall be kept on file for a minimum of twelve months.

(6) Loading of these vehicles shall be performed in compliance with the passenger, weight, and other associated restrictions as identified by the original equipment manufacturer.

(7) Drivers of these vehicles shall meet all qualifications for school transportation drivers as identified in paragraph (F) of rule 3301-83-06 of the Administrative Code and section 3327.10 of the Revised Code.

(D) Commercial carriers

Commercial carriers include carriers that are licensed and inspected by the appropriate government agencies to transport passengers for hire. Examples would include railroads, airlines, commercial watercraft, or commercial buses. Nonconforming vehicles (i.e. ten to fifteen passenger vehicles not meeting the FMCSR's for school buses) shall not be used for the transportation of pupils by any carrier unless they exceed ten-thousand pounds GVWR or are designed to carry sixteen or more passengers including the driver.

(E) Taxicabs

Taxicabs may be used for transportation of pupils when the use of other modes of transportation as described in this rule are not reasonable as determined by the public school district.

Taxicabs shall be originally designed and constructed at the factory for nine or fewer passengers, not including the driver, and shall, with the exception of the rooftop sign marked "School Transportation," which shall not be required, comply with paragraph (F) of this rule.

The owner or operator of taxicabs shall provide documentation to the school district confirming compliance with this chapter.

The owner or operator of taxicabs shall provide proof of insurance to the school district in the amounts as specified in section 3327.09 of the Revised Code for vehicles used in the transportation of school children.

(F) Vehicles not meeting the definitions listed in paragraphs (A) to (E) of this rule do not conform to state and federal law/rule and shall not be used for transportation of pupils to or from school or or school related events.

Ohio Admin. Code 3301-83-19

Effective: 4/25/2019
Five Year Review (FYR) Dates: 2/6/2019 and 04/25/2024
Promulgated Under: 119.03
Statutory Authority: 4511.76, 3301.07
Rule Amplifies: 3327.08, 4511.76, 3327.09
Prior Effective Dates: 10/22/1984, 07/01/1991, 10/05/1998, 08/17/2001 (Emer.), 11/13/2001, 02/25/2007, 07/01/2012