Section 14.14 - Minimum Driving Record Qualifications(a) The standards, as detailed in this section, have been established by the department as minimum requirements to be met by each person seeking to become employed or to remain employed as a school bus driver to drive any motor vehicle while in use as a school bus for the transportation of students.(b) Pre-employment Inquiries. Each employer shall make investigations and inquiries, as detailed in this subsection, with respect to each school bus driver it employs: (1) An applicant for employment as a school bus driver must disclose to the employer any violations of motor vehicle laws or ordinances (other than violations involving only parking) of which the applicant was convicted or forfeited bond or collateral during the three years preceding the date the application is submitted; any serious traffic violations, as defined in Texas Transportation Code, § 522.003(25), of which the applicant was convicted during the ten years preceding the date the application is submitted; and any suspension, revocation, or cancellation of any driving privilege that the applicant has ever received.(2) An inquiry into the school bus driver's complete driving record to the department and also to any other state(s) in which the school bus driver applicant held a motor vehicle operator's license or permit within the past seven years. If no previous driving record is found to exist, the employer must document their efforts to obtain such information, and certify that no previous driving record exists for that individual. The applicant's driving record shall be reviewed to determine whether that person meets minimum requirements as described in subsection (d) of this section.(c) Annual inquiry and review of driving record. (1) Each employer or designated person shall, at least once every twelve months, make an inquiry into the complete driving record of each school bus driver it employs to the department and also to any other state(s) in which the individual held a motor vehicle operator's license or permit during that time period.(2) Each employer shall, at least once every twelve months, review the driving record of each school bus driver it employs to determine whether that school bus driver meets minimum requirements as described in subsection (d) of this section.(d) School Bus Driver's Driving Record Evaluation. In determining a person's eligibility to drive a school bus, any person who has accumulated ten or more penalty points shall be considered ineligible to transport students until such time as he/she may become qualified. The standards detailed in the figure in this subsection shall apply in assessing penalty points for convictions of traffic law violations and crash involvements appearing on his/her current driving record: Attached Graphic
(1) convictions for violations included in Table I shall be assessed one penalty point for each occurrence if the date of the violation is within three years of the date of the driving record evaluation;(2) crash involvements included in Table II shall be assessed two penalty points if the date of occurrence is within three years of the date of the driving record evaluation. Persons disqualified because of penalty points assessed for crash involvement shall be notified of their right to a review;(3) convictions for violations included in Table III shall be assessed three penalty points for each occurrence if the date of the violation is within three years of the date of the driving record evaluation;(4) convictions for violations included in Table IV shall be assessed ten penalty points for each occurrence if the date of the violation is within ten years of the date of the driving record evaluation; and(5) convictions for violations included in Table V shall be assessed ten penalty points for each occurrence if the date of the violation is within ten years of the date of the driving record evaluation.(e) The assessment of penalty points is not required for any entry which does not appear in the alphabetized table listings. However, any entry which is deemed comparable to one appearing in these tables shall be assessed an equivalent number of penalty points.(f) Appeal procedure for assessment of points due to crash involvement. Two points shall automatically be assessed for a crash involvement occurring within three years of the date of the driver record evaluation which appears on the driver history record. Applicants assessed two points for crash involvements appearing on their driving record may request a review by the person designated by the employer to determine if they were a cause of the crash(es). The applicant must identify the specific crash involvement(s) to be reviewed. Request a copy of the crash report(s) on the approved form. Mail the form to Crash Records, Texas Department of Transportation at the address listed on the form or obtain the crash report(s) from the Texas Department of Transportation's Crash Report Online Purchase System at http://www.txdot.gov/driver/laws/crash-reports.html. The designated person shall review information pertinent to the crash(es), which should include the Texas Peace Officer's Crash Report. In examining this report, consideration of such items as Charges Filed, Investigator's Narrative of What Happened, Diagram, and Factors/Conditions Contributing to the Crash should assist in making a determination as to whether or not the assessment of penalty points is appropriate. If the designated person reviews the crash report and any other pertinent information and determines that the applicant was not a cause of the crash(es), no penalty points shall be assessed. If the designated person determines that the applicant was a cause of the crash(es), two penalty points shall be assessed for each crash. The decision of the employer is final.(g) Disqualifications. A school bus driver who is disqualified shall not drive a school bus, school activity bus, or multifunction school activity bus. An employer shall not require or permit a driver who is disqualified to drive a school bus, school activity bus, or multifunction school activity bus. (1) A school bus driver is disqualified for the duration of the driver's loss of his/her privilege to operate a motor vehicle either temporarily or permanently, by reason of the revocation, suspension, withdrawal, or denial of an operator's license, permit, or privilege until that operator's license, permit, or privilege is restored by the authority that revoked, suspended, withdrew, or denied it.(2) A school bus driver who receives a notice that his/her license, permit, or privilege to operate a motor vehicle has been revoked, suspended, or withdrawn shall notify the employer that employs him/her of the contents of the notice before the end of the business day following the day the driver received it.(h) Mandatory Disqualifying Offenses. A person shall be considered disqualified from operating a school bus, school activity bus, or multifunction school activity bus for: (1) A conviction of the offenses detailed in this paragraph within the 10-year period preceding the date of the check of the person's driving record: (A) Texas Penal Code, § 49.04; or(B) Texas Penal Code, § 49.045; or(C) Texas Penal Code, § 49.07; or(D) Texas Penal Code, § 49.08.(2) A suspension, disqualification, or prohibition order issued as a result of any alcohol-related or drug-related enforcement contact, as defined in the Texas Transportation Code, § 524.001, during the ten years preceding the date of the check of the person's driving record.(i) Credit for concurrent suspension arising from same drug or alcohol-related incident. If a criminal conviction occurs that arises out of the same arrest as the Administrative License Revocation suspension/disqualification, the disqualification period arising out of the same arrest shall not be longer than ten years.37 Tex. Admin. Code § 14.14
The provisions of this §14.14 adopted to be effective June 18, 2009, 34 TexReg 3982; Amended by Texas Register, Volume 41, Number 11, March 11, 2016, TexReg 1860, eff. 3/15/2016