Supp. 08-2

Historical Note

Adopted effective February 16, 1996 (Supp. 96-1). Amended by final rulemaking at 7 A.A.R. 2906, effective June 13, 2001 (Supp. 01-2). Amended by final rulemaking at 11 A.A.R. 557, effective March 5, 2005 (Supp. 05-1). Amended by final rulemaking at 14 A.A.R. 2110, effective May 8, 2008 (Supp. 08-2).

R17-9-102. Certification of School Bus Drivers

A. Certification requirements: An individual shall not operate a school bus in Arizona without being certified by the Department. An applicant for certification shall:

1. Be a minimum of 18 years of age;

2. Submit all of the following to the Department through the employer:

a. A completed fingerprint card and fingerprint card processing fee;

b. An application signed and dated by the applicant that states the applicant's:

i. Name, home address, and home phone number;

ii. Any alias ever used by the applicant;

iii. Social Security number;

iv. Date of birth;

v. Arizona commercial driver license number;

vi. Date of previous application for certification, if any;

vii. Intended employer's name;

viii. Convictions for a felony or misdemeanor, if any, in this state or any other state; and

ix. Total points accumulated against the applicant's driving record during the two years immediately preceding the date of application using the point system contained in A.A.C. R17-4-404;

c. Completed physical examination form, completed physical performance test form, and results of controlled substances testing; and

d. A verification made under penalty of perjury that all submitted information is true and complete;

3. Possess a current Arizona commercial driver license under A.R.S. § 28- 3101;

4. Possess any Arizona driver license endorsement required under A.R.S. § 28-3103;

5. Meet the driving record requirements listed in this Article; and

6. Complete the training requirements listed in this Article.

B. Physical examination

1. An applicant or school bus driver shall submit to a physical examination that is conducted by a health care professional in accordance with the physical examination form. An applicant or school bus driver is qualified to be certified as a school bus driver only if the health care professional conducts the physical examination in accordance with the physical examination form and concludes that the applicant or school bus driver has no condition that would interfere with the applicant's or school bus driver's ability to:

a. Operate a school bus safely,

b. Evacuate a school bus during an emergency or during a drill required under R17-9-104(D), and

c. Perform the operations checks required under R17-9-108(D).

2. An applicant or school bus driver who is insulin dependent shall obtain the waiver described in A.A.C. R17-5-208.

3. An applicant shall submit the completed physical examination form and, if applicable, a copy of the waiver required under subsection (B)(2), to the Department through the employer.

4. The initial physical examination of an applicant, conducted in accordance with the physical examination form, expires 24 months from the date of the physical examination unless a shorter time is specified by the health care professional who administers the physical examination. A school bus driver shall submit to a physical examination before the expiration date of the previous physical examination and send the completed physical examination form to the Department through the employer before the end of the month in which the previous physical examination expires.

5. If a health care professional determines that further testing of an applicant or school bus driver is needed by an ophthalmologist or optometrist, the health care professional shall refer the applicant or school bus driver to:

a. An ophthalmologist licensed under A.R.S. § 32-1401 et seq.,

b. An optometrist licensed under A.R.S. § 32-1701 et seq.,

c. An ophthalmologist licensed to practice ophthalmology or optometrist licensed to practice optometry by a state contiguous to Arizona, or

d. An ophthalmologist licensed to practice ophthalmology or optometrist licensed to practice optometry by any state or territory of the United States and employed by the United States government.

6. In addition to the physical examinations required by this Article, the Department or the employer may require a physical examination of an applicant or school bus driver for an impairment that would affect the ability to perform the activities listed in subsection (B)(1). The Department or employer shall base its decision to require an additional physical examination upon consideration of the appearance or actions of the applicant or school bus driver or of medical information received by the Department regarding the applicant or school bus driver. The applicant or school bus driver shall submit results of a physical examination conducted under this subsection to the Department through the employer within 30 days of the date of the physical examination.

C. Controlled substances and alcohol testing

1. An applicant or school bus driver shall submit to alcohol and controlled substances testing as required by A.R.S. § 28-3228(C)(2) and as prescribed by this Article and 49 CFR 382 October 2006 (no later amendments or editions). The testing shall be conducted in accordance with the procedures at 49 CFR 40 October 2006 (no later amendments or editions), both published at the U.S. Government Printing Office, Superintendent of Documents, Mail Stop: SSOP, Washington, D.C. 20402-9328, incorporated by reference and on file with the Department, except for the changes in 49 CFR 40 and 49 CFR 382 listed in subsections (C)(1)(a) through (C)(1)(i).

a. 49 CFR 40.3

i. "Employee," means an applicant or a school bus driver as defined at R17-9-101.

ii. "Employer" has the same meaning as at R17-9-101.

b. 49 CFR 382.107

i. "Commercial motor vehicle" has the same meaning as at A.R.S. § 28-3001(3).

ii. "Driver" means a school bus driver as defined at R17-9-101.

iii. "Employer" has the same meaning as at R17-9-101.

iv. "Performing a safety-sensitive function" means any time during which a school bus driver is on-duty except when the school bus driver is being compensated by an entity other than the employer.

v. "Safety-sensitive function" means any activity for which a school bus driver is on-duty except when the school bus driver is performing an activity for and being compensated by an entity other than the employer.

c. 49 CFR 382.207. In both sentences, the word "four" is changed to "eight."

d. 49 CFR 382.301(b), (c), and (d): Delete these subsections.

e. 49 CFR 382.303(a) and (b): Change the word "occurrence" to "accident," as defined in R17-9-101, and delete the words "operating on a public road in commerce."

f. 49 CFR 382.303(a)(1) and (b)(1): Delete the words ", if the accident involved the loss of human life"

g. 49 CFR 382.303(a)(2) and (b)(2): Delete the words ", if the accident involved:"

h. 49 CFR 382.303(a)(2)(i) and (ii) and (b)(2)(i) and (ii): Delete these subsections.

i. 49 CFR 382.303(c): In the table, in the column headed "Test must be performed by employer," change "No" to "Yes."

2. In addition to the testing required by 49 CFR 382, an applicant shall submit to testing for the use of marijuana, cocaine, opiates, amphetamines, phencyclidine, benzodiazepines, barbiturates, methadone, and propoxyphene by a procedure that is generally accepted in the scientific community to be accurate and reliable.

3. In addition to the testing required by 49 CFR 382, a school bus driver shall submit annually to testing for the use of marijuana, cocaine, opiates, amphetamines, phencyclidine, benzodiazepines, barbiturates, methadone, and propoxyphene by a procedure that is generally accepted in the scientific community to be accurate and reliable.

4. The employer shall ensure that a school bus driver is tested for use of marijuana, cocaine, opiates, amphetamines, phencyclidine, benzodiazepines, barbiturates, methadone, or propoxyphene or alcohol when required to do so by these rules or when requested by the Department.

5. The employer shall submit any and all negative results of testing done under subsection (C) to the Department within 30 days of the date of testing or within 12 months of the school bus driver's previous test, whichever is sooner, by providing the Department a copy of the report submitted to the employer by the entity that conducted the testing.

6. The employer shall immediately notify the Department by telephone of any and all positive results of testing done under subsection (C) and shall submit to the Department within five days a copy of the report submitted to the employer by the entity that conducted the testing.

D. Physical performance test

1. An applicant shall pass a physical performance test that consists of the following eight standards:

a. Climbing and descending the steps of a school bus three times in 30 seconds;

b. Alternately activating the throttle and the service-brake system of a school bus 10 times in 10 seconds;

c. Depressing and holding the clutch, if applicable, and service-brake system of a school bus for three seconds, five consecutive times;

d. Opening and closing a manually operated service door three times without stopping. If the school bus has an automatic service door, operate the manual override of the service door;

e. Operating at least two hand controls, one on each side of the steering wheel, within eight seconds while maintaining control of a moving school bus;

f. Starting in a seat-belted position, exit a school bus from the rear-most floor-level emergency exit within 20 seconds;

g. Carrying or dragging a 125-pound object 30 feet in 30 seconds; and

h. Lowering a 30-pound object from a floor-level emergency exit to the ground and lifting the same object from the ground to the school bus floor.

2. A school bus driver who is certified on the effective date of this subsection shall pass the physical performance test within one year from the effective date of this subsection.

3. A school bus driver shall pass the physical performance test again no later than 24 months after previously passing the physical performance test.

4. An applicant or school bus driver who fails the physical performance test may take the test again after 24 hours. An applicant or school bus driver may take the physical performance test no more than three times in 90 days. If an applicant fails the physical performance test on the third attempt, the Department shall not further consider the applicant for certification unless the applicant complies again with the requirements of this Section.

5. The employer shall ensure that a school bus driver who fails the physical performance test does not operate a school bus until the school bus driver passes the physical performance test.

6. If a school bus driver takes and fails the physical performance test three times, the Department shall cancel the school bus driver's certification.

7. An employer shall ensure that the physical performance test is administered by a person who has completed Department-authorized training, using the largest type of school bus that an applicant or school bus driver may be required to operate.

8. A person who administers the physical performance test shall either pass or fail the applicant or school bus driver taking the test, complete the physical performance test form, and submit the completed form to the Department and the employer within seven days of the physical performance test.

E. Driving record

1. During the 24 months before the date of application or during any 24-month period while certified as a school bus driver, an applicant or school bus driver shall not accumulate eight or more points against a driving record in this state using the point system contained in A.A.C. R17-4-404.

2. During the 10 years before the date of application, an applicant shall not have repeatedly received citations for violation of traffic law.

F. Training requirements of a school bus driver

1. Before being certified by the Department as a school bus driver, an applicant shall complete a minimum of 14 hours of classroom training in the following:

a. State and federal traffic laws,

b. Behind-the-wheel driving operations,

c. School bus driver's responsibilities to passengers and school,

d. Inspections and operations checks,

e. Records and reports,

f. Special needs transportation, and

g. Accidents and emergencies.

2. An employer shall ensure that classroom training is taught by a classroom instructor who is qualified under R17-9-103.

3. At least seven days before classroom training, the classroom instructor shall notify the Department in writing of the date, time, and location of classroom training. The classroom instructor shall notify the Department by any means available at least 24 hours before the date, time, or location of classroom training is changed or canceled.

4. After completion of classroom training, the classroom instructor shall administer to the applicant a written examination standardized by the Department.

a. The written examination shall consist of a combination of 50 true or false, multiple choice, and fill-in-the-blank questions. The examination questions shall cover the topics listed in subsection (F)(1).

b. Each question has a value of two points. To pass the examination an applicant shall receive a score that equals or exceeds 80% of the total possible score.

c. If an applicant is unable to read or speak English, the employer shall arrange to have the examination administered orally to the applicant in the language with which the applicant is most familiar.

d. If an applicant does not pass the examination on the first attempt, the applicant may take an examination two more times within 12 months of the first attempt. A different examination shall be administered to an applicant who is taking an examination for the second or third time. The period between examinations shall be a minimum of 24 hours. If the applicant fails the examination on the third attempt, the applicant shall be considered further only if the applicant complies again with the requirements in this Section.

5. The classroom instructor shall submit the following information in a written report to the Department and the employer within seven days from the date of the conclusion of a classroom training course:

a. Instructor's name,

b. Instructor's identification number,

c. Date of training,

d. Location of training,

e. Number of hours of training taught by the classroom instructor,

f. Each applicant's name, and

g. Each applicant's examination score.

6. In addition to the report required under subsection (F)(5), the classroom instructor shall maintain and submit to the employer within seven days from the conclusion of a classroom training course, a classroom-training course log that includes:

a. Instructor's name,

b. Instructor's identification number,

c. Date of the training course,

d. Name of each applicant attending the training course,

e. Subject matter taught in each hour, and

f. Which hours of training were attended by each applicant.

7. In addition to the classroom training, an applicant shall complete behind-the-wheel training consisting of a minimum of 20 hours operating a school bus in Arizona.

a. An employer shall ensure that behind-the-wheel training is taught by a behind-the-wheel instructor who is qualified under R17-9-103.

b. During behind-the-wheel training, a behind-the-wheel instructor shall be present and observing the applicant while the applicant is operating the school bus.

c. The employer shall ensure that no one except the applicant, behind-the-wheel instructor, employer, and Department employees are aboard the school bus while the applicant actually operates the school bus.

d. The behind-the-wheel instructor shall maintain and submit to the employer within seven days from the conclusion of the applicant's behind-the-wheel training, a behind-the-wheel training log that includes:

i. Instructor's name,

ii. Instructor's identification number,

iii. Applicant's name,

iv. Date of each behind-the-wheel training session, and

v. Actual number of hours at each training session that the applicant operates a school bus.

e. At the conclusion of behind-the-wheel training, the behind-the-wheel instructor shall use a copy of the Proof of Completion of Behind-the-wheel Training and Driving Test form to administer to the applicant the driving test described on the form. The driving test shall measure the applicant's ability to operate a school bus safely and in a manner consistent with state law. The behind-the-wheel instructor shall either pass or fail the applicant and submit the completed form to the Department and the employer within seven days of the driving test.

G. First aid and cardiopulmonary resuscitation

1. Before being certified, an applicant shall complete classroom instruction in cardiopulmonary resuscitation and basic first aid. The instruction in cardiopulmonary resuscitation shall include performing cardiopulmonary resuscitation on adults, children, and infants.

2. The instruction shall be conducted by an individual currently certified as an instructor in first aid and cardiopulmonary resuscitation by a program approved by a nationally recognized organization such as the American Heart Association, American Red Cross, National Safety Council, American Safety and Health Institute, or Arizona Bureau of Mines; by an emergency medical technician licensed in Arizona; or by an agency of the U.S. government.

3. An applicant shall submit to the Department, through the employer, a copy of the front and back of the first-aid card and cardiopulmonary resuscitation card issued to the applicant or other written documentation as proof of completion of the first-aid and cardiopulmonary resuscitation training.

4. A school bus driver shall renew first-aid and cardiopulmonary resuscitation training before expiration of the current training. Renewal instruction shall be provided by an individual described in subsection (G)(2). The school bus driver shall submit to the Department, through the employer, a copy of the front and back of the first-aid card and cardiopulmonary resuscitation card or other written documentation as proof of renewal of training.

H. The Department shall process an application for certification as a school bus driver under R17-9-109.

I. Refresher training

1. A school bus driver shall have refresher training no later than 24 months following completion of the training required by subsection (F). Refresher training shall consist of a minimum of 6 1/2 hours of classroom training in the topics listed in subsection (F)(1).

2. After completing the first refresher training, the school bus driver shall complete a minimum of 6 1/2 hours of classroom training in the topics listed in subsection (F)(1) every 24 months following the last refresher training.

3. An employer shall ensure that refresher training is taught by a classroom instructor who is qualified under R17-9-103.

4. A classroom instructor shall teach refresher training and shall submit the following information in a written report to the Department and the employer within seven days from completion of the refresher training:

a. Instructor's name,

b. Instructor's identification number,

c. Date of training,

d. Location of training,

e. Number of hours of training taught by the classroom instructor,

f. Each school bus driver's name, and

g. Each school bus driver's certification number.

5. In addition to the report required under subsection (I)(4), the classroom instructor shall maintain and submit to the employer within seven days from the conclusion of a refresher training course, a refresher-training course log that includes:

a. Instructor's name,

b. Instructor's identification number,

c. Date of the refresher training course,

d. Name and certification number of each school bus driver attending the refresher training course,

e. Subject matter taught in each hour, and

f. Which hours of refresher training were attended by each school bus driver.

J. Records

1. The employer shall maintain qualification and training records of an applicant who is certified and of a school bus driver who terminates employment, and qualification records of an applicant who is denied certification, for 24 months from the date of certification, termination of employment, or denial of certification.

2. The employer shall maintain records of testing required under subsection (C) in accordance with 49 CFR 382.401, October 2006 (no later amendments or editions), published at the U. S. Government Printing Office, Superintendent of Documents, Mail Stop: SSOP, Washington, D.C. 20402-9328, incorporated by reference, and on file with the Department. In this subsection, "controlled substances," as used in 49 CFR 382.401, means marijuana, cocaine, opiates, amphetamines, phencyclidine, benzodiazepines, barbiturates, methadone, and propoxyphene.

3. The employer shall transfer the records of a school bus driver to a subsequent employer upon written request by the subsequent employer or school bus driver.

4. Qualification records include:

a. Application,

b. Driving record,

c. Copy of physical examination form, and

d. Physical performance test form.

5. Training records include:

a. A copy of the classroom-training course log required under subsection (F)(6) that shows the applicant's attendance,

b. A copy of the refresher-training course log required under subsection (I)(5) that shows the school bus driver's attendance,

c. The classroom training examination score,

d. The applicant's behind-the-wheel training log,

e. The Proof of Completion of Behind-the-wheel Training and Driving Test form,

f. A copy of the first-aid card and cardiopulmonary resuscitation card or other written documentation of completion of first-aid and cardiopulmonary resuscitation training, and

g. A copy of the school bus driver certification card issued by the Department.

K. Denial, cancellation, or suspension of certificate

1. Based on an assessment of the totality of the circumstances, the Department may deny a certificate to an applicant or may cancel or suspend a certificate of a school bus driver for:

a. Failing to meet or comply with the requirements of this Article;

b. Being convicted of or subject to an outstanding warrant for any felony;

c. Being convicted of or subject to an outstanding warrant for any misdemeanor reasonably related to the occupation of a school bus driver including, but not limited to:

i. Citation for any moving motor vehicle violation, including but not limited to, violations of A.R.S. § 28-1591 et seq.;

ii. Driving under the influence (A.R.S. § 28-1381 et seq.);

iii. Any sexual offense (A.R.S. § 13-1401 et seq.);

iv. Any abuse of a child (A.R.S. § 13-3623); or

v. Use, sale, or possession of a controlled substance (A.R.S. § 13-3401 et seq.).

d. Demonstrating behavior that endangers the educational welfare or personal safety of students, teachers, or school bus drivers or other co-workers;

e. Providing false, incomplete, or misleading information to the Department;

f. Driving or being in actual physical control of a school bus under a circumstance listed in A.R.S. § 28-1381(A);

g. Under A.R.S. §§ 28-3301 through 28-3322, having a commercial driver license canceled, suspended, revoked, or denied; or

h. Having a verified positive result to any controlled substance or alcohol test required by subsections (C)(1), (2), or (3), at any time.

2. Any conviction, violation, warrant, or other misconduct described in this Section shall be considered, whether or not the school bus driver was operating a school bus at the time of the conviction, violation, warrant, or other misconduct.

3. An applicant who is denied a certificate or a school bus driver whose certificate is canceled or suspended may request a hearing within 30 days from the date of receipt of the notice of the denial, cancellation, or suspension. The hearing shall be conducted according to the procedures contained in A.R.S. Title 41, Chapter 6, Article 10.

4. The Department shall inform an applicant who is denied a certificate or a school bus driver whose certificate is canceled or suspended of the amount of time that must elapse before the applicant or the school bus driver may reapply for certification. The Department shall include this information in the notice of denial, cancellation, or suspension and the notice of final order, if any, served on the applicant or school bus driver. In determining the amount of time that must elapse before reapplication, the Department shall consider:

a. The seriousness of the offense leading to denial, cancellation, or suspension;

b. The frequency with which the offense occurred; and

c. The amount of time required to correct the offense.

L. If a school bus driver is terminated from or leaves employment, the employer shall provide written notice to the Department within 30 days of the termination or leaving. If a school bus driver transfers employment from one employer to a second employer, within 14 days of the transfer the second employer shall provide written notice to the Department of the:

1. School bus driver's name,

2. School bus driver's certification number,

3. Name of the transferring employer, and

4. Effective date of the transfer.

Historical Note

Adopted effective February 16, 1996 (Supp. 96-1). Amended by final rulemaking at 7 A.A.R. 2906, effective June 13, 2001 (Supp. 01-2). Amended by final rulemaking at 11 A.A.R. 557, effective March 5, 2005 (Supp. 05-1). Amended by final rulemaking at 14 A.A.R. 2110, effective May 8, 2008 (Supp. 08-2).

R17-9-103. Qualification of Classroom and Behind-the-wheel Instructors

A. To be qualified as a classroom instructor, an individual shall:

1. Submit to the Department through the employer, the following two letters:

a. A letter from, signed, and dated by the individual that states the individual's:

i. Name, home address, and home phone number;

ii. Social Security number;

iii. Date of birth;

iv. Current employer's name, address, and phone number;

v. Dates of all previous letters submitted under this subsection; and

b. A letter from the current employer recommending that the individual be considered as a classroom instructor; and

2. Pass a written examination standardized by the Department:

a. The written examination shall consist of a combination of 50 true or false, multiple choice, and fill-in-the-blank questions. The examination questions shall cover the topics listed in R17-9-102(F)(1).

b. Each question has a value of two points. To pass the examination, an individual shall receive a score that equals or exceeds 90% of the total possible score.

c. If an individual taking the written examination is unable to read or speak English, the employer shall arrange to have the examination administered orally in the language with which the individual is most familiar.

d. If an individual does not pass the examination, the individual may take a second examination that is different from the first examination.

e. If an individual fails to pass the second examination, the individual may receive further consideration by submitting again the letters required by subsection (A)(1) and taking the written examination required by this subsection.

f. The employer shall submit each individual's examination score to the Department within seven days from the date of the examination.

B. To remain qualified as a classroom instructor, a classroom instructor shall teach a minimum of 12 hours of classroom or refresher training every 24 months from the date the classroom instructor is first recognized by the Department as qualified.

C. To be qualified as a behind-the-wheel instructor, an individual shall:

1. Be certified continuously as a school bus driver in Arizona for the 12 months immediately before submitting the letters described in subsection (C)(2) and be employed as a certified school bus driver at the time of qualification as a behind-the-wheel instructor;

2. Submit to the Department through the employer, the following two letters:

a. A letter from, signed, and dated by the individual that states the individual's:

i. Name, home address, and home phone number;

ii. Social Security number;

iii. Commercial driver license number;

iv. Current employer's name, address, and phone number;

v. Dates of all previous letters submitted under this subsection; and

b. A letter from the current employer recommending that the individual be considered as a behind-the-wheel instructor; and

3. Pass a written examination standardized by the Department.

a. The written examination shall consist of a combination of 50 true or false, multiple choice, and fill-in-the-blank questions. The examination questions shall cover the topics listed in R17-9-102(F)(1).

b. Each question has a value of two points. To pass the examination, an individual shall receive a score that equals or exceeds 80% of the total possible score.

c. If an individual is unable to read or speak English, the employer shall arrange to have the examination administered orally in the language with which the individual is most familiar.

d. If an individual does not pass the examination, the individual may take a second examination that is different from the first examination.

e. If an individual fails to pass the second examination, the individual may receive further consideration by submitting again the letters required by subsection (C)(2) and taking the written examination required by this subsection.

f. The employer shall submit each individual's examination score to the Department within seven days from the date of the examination.

D. To remain qualified as a behind-the-wheel instructor, a behind-the-wheel instructor shall maintain certification as a school bus driver in this state and teach a minimum of 12 hours of behind-the-wheel training every 24 months from the date the behind-the-wheel instructor is first recognized by the Department as qualified.

E. Records

1. The employer shall maintain the following records for each classroom and behind-the-wheel instructor for 24 months from the date the instructor is first recognized by the Department as qualified.

a. Letter submitted under subsection (A)(1)(a) or (C)(2)(a),

b. Letter of recommendation submitted under subsection (A)(1)(b) or (C)(2)(b), and

c. Examination score.

2. The Department shall maintain the documents required under R17-9-102(F)(5) and (I)(4) for 24 months.

F. The Department shall not recognize an individual as qualified to be a classroom or behind-the-wheel instructor if the individual:

1. Fails to meet or comply with the requirements of this Article;

2. Is convicted of or subject to an outstanding warrant for a felony;

3. Is convicted of or subject to an outstanding warrant for a misdemeanor reasonably related to the occupation of a school bus driver, including:

a. Civil traffic violation (A.R.S. § 28-1591 et seq.);

b. Driving under the influence (A.R.S. § 28-1381 et seq.);

c. Any sexual offense (A.R.S. § 13-1401 et seq.);

d. Any abuse of a child (A.R.S. § 13-3623); or

e. Use, sale, or possession of a controlled substance (A.R.S. § 13-3401 et seq.);

4. Provides false, incomplete, or misleading information to the Department;

5. Drives or is in actual physical control of a school bus under a circumstance listed in A.R.S. § 28-1381(A); or

6. Under A.R.S. §§ 28-3301 through 28-3322, has a commercial driver's license canceled, suspended, revoked, or denied.

G. If a classroom or behind-the-wheel instructor is terminated from or leaves employment, the employer shall provide written notice to the Department within 30 days of the termination or leaving. If a classroom or behind-the-wheel instructor transfers employment from one employer to a second employer, within seven days of the transfer the second employer shall provide written notice to the Department of the:

1. Name of the classroom or behind-the-wheel instructor,

2. Identification number of the classroom or behind-the-wheel instructor,

3. Name of the transferring employer, and

4. Effective date of the transfer.

Historical Note

Adopted effective February 16, 1996 (Supp. 96-1). Amended by final rulemaking at 7 A.A.R. 2906, effective June 13, 2001 (Supp. 01-2). Amended by final rulemaking at 11 A.A.R. 557, effective March 5, 2005 (Supp. 05-1). Amended by final rulemaking at 14 A.A.R. 2110, effective May 8, 2008 (Supp. 08-2).

R17-9-104. Minimum Standards for School Bus Operation

A. A school bus driver shall perform operations checks of a school bus as required by R17-9-108.

B. Loading or unloading of passengers:

1. As of February 16, 1996, an eight-lamp system as described in R17-9-107(17) shall be installed on a school bus before it is introduced into Arizona. When preparing to stop a school bus on a street or highway, the school bus driver shall activate the alternately flashing amber lamps of an eight-lamp system or the alternately flashing red lamps of a four-lamp system for a minimum distance of 100 feet, in accordance with A.R.S. § 28-930(B). Whenever the school bus is stopped on a street or highway to load or unload passengers, the school bus driver shall deactivate the alternately flashing amber lamps and activate the alternately flashing red lamps of an eight-lamp system, and extend the stop arm and open the service door.

2. When a school bus driver stops the school bus to load or unload passengers, the school bus driver shall set the parking brake and place the transmission in neutral.

3. The distance between stops for the purpose of loading or unloading passengers shall be no less than 600 feet, unless the school determines that more frequent stops are necessary for safety. The school bus driver shall stop the school bus as near the right edge of the traveled portion of the street or highway as possible.

4. A school bus driver shall not load or unload passengers on the traffic side of the bus.

5. When a school bus driver loads or unloads passengers who must cross a street or highway at a location other than an intersection, the passengers shall cross at least 10 feet in front of the front bumper of the school bus. The school bus driver shall not permit passengers who must cross a street or highway to be unloaded from the school bus until all traffic to the front and rear of the school bus is stopped. The school bus driver shall not move the school bus until all passengers have crossed the street or highway.

6. In intersections that use lighted traffic control signals, a school bus driver shall load or unload passengers no closer than 100 feet of the traffic control signal so the passengers may cross with the traffic control signal, either before or after the school bus proceeds.

7. In intersections without lighted traffic control signals, a school bus driver shall load or unload passengers no closer than 50 feet of the intersection so the passengers may cross at the intersection, either before or after the school bus proceeds.

8. A school bus driver shall not stop a school bus on an interstate highway for the purpose of loading or unloading passengers, except that:

a. A school bus stop may be established on a frontage road that parallels an interstate highway if no passenger is allowed to cross a divided highway.

b. A school bus may stop in a safety rest area as defined by A.R.S. § 28-7901(8) that is part of or adjacent to an interstate highway.

9. A school bus driver shall load or unload passengers on school grounds only in an area designated by the school and marked with a sign as a school bus loading area.

10. During loading or unloading of passengers at a designated school bus loading area at a school, the school shall restrict the loading area to school buses, passengers, and school employees assisting in the loading or unloading of passengers.

11. A school shall allow passengers in a designated school bus loading area only when the passengers are being loaded on or unloaded from a school bus.

12. A school shall designate all school bus loading areas at locations that prevent backing of the school bus.

13. In areas at a school not designated as a school bus loading area, a school bus driver shall not back upon or adjacent to the school grounds unless an individual authorized by the school bus driver directs the backing procedure while standing at the rear of the school bus in a position visible to the school bus driver. This provision does not apply to a school bus garage or school bus storage area where passengers are not allowed.

14. Immediately before a school bus driver engages in backing a school bus, the school bus driver shall sound the horn to warn motorists and pedestrians of the backing procedure. This provision does not apply if the school bus is equipped with an alarm that operates automatically when the school bus is backing.

15. In addition to the requirements for railroad grade crossings contained in A.R.S. § 28-853, a school bus driver shall comply with the following:

a. Use hazard warning lights as described in A.R.S. § 28-947(D) within a minimum of 100 feet of a railroad grade crossing to warn motorists of an intended stop.

b. Shut off any radio, compact-disc player, and other source of sound within 50 feet of a railroad grade crossing.

c. Stop the school bus, with or without passengers aboard, at a railroad grade crossing when traffic at the railroad grade crossing is not directed by a police officer.

d. While stopped at a railroad grade crossing at which traffic is not directed by a police officer, activate the noise suppression switch, completely open the service door and the window to the left of the driver and, by hearing and sight, determine that it is safe to cross. Before proceeding, close the service door. De-activate the noise suppression switch after crossing the tracks.

e. Do not stop to load or unload passengers within 200 feet of a railroad grade crossing. This provision does not prohibit stops at a railroad station or on a highway that parallels the railroad tracks.

16. When a school bus driver loads a wheelchair passenger on a school bus, the school bus driver shall secure both the wheelchair and the wheelchair passenger using the systems described in R17-9-105(E).

C. An employer shall not allow or require a school bus driver to drive a school bus nor shall a school bus driver drive a school bus:

1. For more than 10 hours after having been off-duty for a minimum of eight consecutive hours;

2. For any period after having been on-duty for 15 hours after having been off-duty for a minimum of eight consecutive hours;

3. After having been on-duty 60 hours in any seven consecutive days if the employer does not operate school buses for seven consecutive days; or

4. After having been on-duty 70 hours in any eight consecutive days if the employer operates school buses every day of the week.

D. Other requirements:

1. A school bus driver shall wear a seat belt whenever the school bus is in motion.

2. While operating a school bus, a school bus driver shall wear closed-toe, closed-heel shoes that will not interfere with driving the school bus safely or performing other duties of the school bus driver.

3. A school bus driver shall comply with all state traffic laws while operating a school bus except that the school bus driver shall not exceed 65 miles per hour or the posted speed limit, whichever is less, when operating the school bus on an interstate highway.

4. Any person boarding or attempting to board a school bus, whether or not a passenger, shall comply with all instructions given by a school bus driver. If a passenger or a non-passenger boards or attempts to board a school bus and refuses to comply with the school bus driver's instructions, the school bus driver may seek emergency assistance to remove the passenger or non-passenger from the school bus, or prevent the passenger or non-passenger from boarding.

5. All passengers shall sit with their backs against the seat backs, their legs facing towards the front of the school bus, and all parts of their bodies clear of all aisles whenever the school bus is in motion.

6. A school bus driver shall not transport in a school bus more passengers than the rated capacity stated by the school bus manufacturer.

7. A school bus driver shall close the service doors of a school bus before operating the school bus. The service doors shall remain closed whenever the school bus is in motion.

8. A school bus driver shall not place the transmission in neutral or coast with the clutch disengaged on a downhill grade.

9. The driver of a school bus equipped with a two-speed axle shall not shift the axle while descending any hill posted with grade warning signs.

10. A school bus driver shall ensure that a school bus is not fueled in a closed building, while the school bus engine is running or while passengers are on board.

11. A school bus driver or passenger shall not use tobacco in any form on a school bus.

12. A school bus driver shall not carry on a school bus or consume any beverage containing any alcohol while on-duty with the employer or within eight hours before going on-duty with the employer.

13. A school bus driver shall not eat or drink on a school bus unless the school bus is completely stopped.

14. A school bus driver shall not at any time carry on a school bus or use a controlled substance.

15. A passenger shall not carry on a school bus or consume while being transported in a school bus, any beverage containing any alcohol.

16. A passenger shall not carry on a school bus or consume while being transported in a school bus, any dangerous or narcotic drug, as defined in A.R.S. § 13-3401, unless:

a. A medical practitioner authorized by the state to write a prescription for the dangerous or narcotic drug has prescribed the dangerous or narcotic drug for the passenger who is carrying or consuming it;

b. The school district governing board establishes written policies and procedures regarding the administration of a dangerous or narcotic drug by a trained district employee to a passenger who is being transported in a school bus; and

c. The parent or legal guardian of a passenger to whom a dangerous or narcotic drug is administered while being transported in a school bus provides prior written authorization for the dangerous or narcotic drug to be administered to the passenger by a trained district employee.

17. A school bus driver shall not assume responsibility for transporting any medication, whether prescription or over-the-counter, that belongs to a passenger.

18. A school bus driver shall not transport animals, insects, or reptiles in a school bus with the exception of service animals, as defined at A.R.S. § 11-1024(J), which assist disabled passengers.

19. Except for eyeglasses, a passenger or school bus driver shall not carry or transport glass objects on a school bus.

20. A school bus driver or passenger shall not carry on or transport in a school bus an explosive device, gun, knife, or other weapon as defined by school-district policy.

21. A passenger shall not place any part of the passenger's body out of a school bus window or door except when exiting the school bus.

22. When instruments or equipment related to musical or athletic events are transported on a school bus, the school bus driver shall transport them as follows:

a. Instruments or equipment shall not occupy seating space if needed for a passenger,

b. Instruments or equipment shall not be placed in the school bus driver's compartment or step-well of the school bus,

c. Instruments or equipment shall be under the passenger's control at all times or secured in the school bus, and

d. Instruments or equipment shall not block an aisle or emergency exit of the school bus at any time.

23. A passenger who carries onto a school bus an object other than an instrument or equipment related to musical or athletic events shall control the object at all times or secure the object in the school bus. If the passenger is not able to control or secure the object in the school bus, the passenger shall not carry the object onto the school bus.

24. A school bus driver shall ensure that all objects inside the school bus are under a passenger's control or secured in a manner that prevents the objects from causing physical injury to others or affecting the safe operation of the school bus.

25. A school bus driver shall not drive a school bus with a trailer or other vehicle attached to the school bus.

26. A school bus driver shall stop the school bus and check the wheels and tires for wear, damage, and inflation after every two continuous hours of driving.

27. All school buses shall have and school bus drivers shall use a two-way voice communication system. The two-way voice communication system shall only be used to assist the school bus driver with passenger transportation.

28. Except as provided in subsection (D)(27), a school bus driver shall not use audio headsets, earphones, earplugs, Bluetooth devices, cellular phones, personal digital assistants, or other interactive wireless devices, whether or not hands-free, when the school bus is in operation.

29. Except when complying with R17-9-108(D), if a school bus driver leaves the driver's compartment, the school bus driver shall set the parking-brake system, place a standard transmission in either first or reverse gear, place an automatic transmission in park or neutral, and turn off the ignition and remove the ignition key from an ignition that uses a key, or set the ignition power-deactivation switch of an ignition that does not use a key.

30. Each time a school bus driver unloads passengers and it appears that no passengers remain on the school bus, the school bus driver shall inspect the interior of the school bus for passengers remaining and objects left on the school bus. If the school bus is equipped with a child alert notification system as described in R17-9-106(6), the school bus driver shall complete all procedures required by the child alert notification system, in addition to the school bus driver's inspection of the interior of the school bus.

31. At least twice during every school year, a school shall conduct an evacuation drill of a school bus at the school that includes every passenger who rides a school bus and is in school on the day of the evacuation drill. At least 14 days before an evacuation drill, a school shall submit to the Department a written notice stating the date, time, and location of the evacuation drill. Each school bus driver shall participate in a minimum of two evacuation drills during every school year. Evacuation drills shall include:

a. Practice and instruction in the location, use, and operation of the emergency exits, fire extinguishers, first aid equipment, windows as a means of escape, and communication systems;

b. Practice and instruction in when and how to approach, load, unload, and move away from the school bus a minimum of 100 feet;

c. Instructions on how weather-related hazards affect emergency procedures; and

d. Instructions on the importance of orderly conduct.

32. A white, flashing, strobe lamp as described in R17-9-107(17)(f) may be used only during conditions that produce low visibility or that are hazardous.

33. An owner shall ensure that no lock, except as provided in R17-9-107(10)(h), is installed on any school bus emergency exit or service door.

34. A school bus driver shall ensure that nothing obstructs or interferes with the use of any school bus emergency exit or service door.

35. A school bus driver, passenger, or school administrator shall immediately report to the employer any violation of these rules or state statutes that the school bus driver, passenger, or school administrator reasonably believes threatens the health, safety, or welfare of a passenger.

E. Reports and recordkeeping:

1. Immediately following any accident involving a school bus, the school bus driver shall report the accident to the employer.

2. Immediately upon receiving notification of any accident involving a school bus, the employer shall notify the Department of the accident by telephone. The employer shall submit written verification of the accident to the Department within 72 hours of the telephone notification.

3. Immediately upon becoming aware of a violation of these rules or state statutes that a reasonable person could conclude caused injury to or threatened the health, safety, or welfare of a passenger, the employer shall notify the Department of the violation by telephone. The employer shall submit a written report of the violation to the Department within 72 hours of the telephone notification.

4. No later than 14 days after an evacuation drill, a school district shall submit to the Department a written report of the evacuation drill identifying the school district, participating school, date, and number of participants.

5. From the date on which a record is created, the employer shall maintain for three years the following written records for each school bus driver:

a. On a daily basis, the period of time each school bus driver is on-duty for the employer including the date, each start and quit time, and the total number of hours on-duty for the employer.

b. On a daily basis, the total number of hours on-duty for an entity other than the employer during the previous seven days.

6. A school bus driver who performs any compensated work for an entity other than the employer shall provide the employer, in writing, the name and telephone number of the entity and the number of hours the school bus driver works each day for the entity.

7. A school bus driver who receives a citation, whether on-duty or off-duty, shall immediately inform the employer by telephone about the citation and shall submit a copy of the citation to the employer within five days.

Historical Note

Adopted effective February 16, 1996 (Supp. 96-1). Amended by final rulemaking at 7 A.A.R. 2906, effective June 13, 2001 (Supp. 01-2). Amended by final rulemaking at 11 A.A.R. 557, effective March 5, 2005 (Supp. 05-1). Amended by final rulemaking at 14 A.A.R. 2110, effective May 8, 2008 (Supp. 08-2).

R17-9-105. Special Needs Standards

A. General requirements:

1. As of February 16, 1996, before being introduced into Arizona, a school bus used for transporting disabled passengers shall comply with the minimum standards applicable to school buses and the specifications contained in this Section. A school bus used for transporting disabled passengers that was introduced into Arizona before that date shall comply with the minimum standards in these rules, including this Section, or those at A.A.C. R17-4-608.

2. Any school bus that is used for transporting a passenger who uses a wheelchair shall be equipped with a wheelchair lift.

3. A wheelchair lift shall be located on the side of the bus body opposite the school bus driver. The wheelchair lift shall not be attached to the exterior sides of the school bus and shall be confined within the school bus body when not extended.

4. Any school bus that is used for transporting disabled passengers shall be equipped with a belt cutter that is accessible only to the school bus driver. The belt cutter shall be secured in a location within reach of the school bus driver while belted into the driver's seat. The school bus may be equipped with additional belt cutters. Additional belt cutters shall be accessible only to the school bus driver or adult aides or attendants.

B. Special-service entrance:

1. A school bus used for transporting disabled passengers shall have a special-service entrance of a width and depth to accommodate a wheelchair lift. The special-service entrance shall have a minimum clear opening of 30 inches horizontally to allow for the passage of a wheelchair.

2. The special-service entrance shall be located on the side of the bus opposite the school bus driver and far enough to the rear of the school bus to prevent the special-service entrance door from obstructing the service door when the special-service entrance door is open.

3. A drip molding shall be installed above the special-service entrance to divert water from the special-service entrance.

4. The frame surrounding the special-service entrance shall provide support and strength at least equal to at the conventional service and emergency doors.

C. Special-service entrance doors:

1. A school bus used for transporting passengers in wheelchairs shall provide a special-service entrance door not to exceed 50 inches in width.

2. Two doors may be used for a special-service entrance on a school bus, if the doors are equipped with a positive latching mechanism to prevent accidental opening.

3. The special-service entrance door shall be constructed to open toward the exterior of the school bus. A Type A school bus is exempt from this provision if its special-service entrance door is provided by the school bus chassis manufacturer.

4. The special-service entrance door shall have a fastening device attached to the school bus body to hold the special-service entrance door in an open position.

5. The special-service entrance door shall be weather-sealed by a waterproof cushion affixed to the door or door frame.

6. Door materials, panels, and structural strength of a special-service entrance door shall be equivalent to the standards contained in R17-9-107 for a service door and an emergency door. Color, rub rail extensions, if installed, lettering, and all exterior features shall match adjacent sections of the school bus body.

7. The window in the special-service entrance door shall be made of safety glass, mounted in a waterproof manner that is equal to the mounting of the other windows, and aligned with the side windows of the school bus.

8. A pressure switch shall be installed in the special-service entrance door frame that will actuate a visible signal located in the school bus driver's compartment when the ignition is in the "on" position to warn the school bus driver when the special-service entrance door is not closed.

9. A switch shall be installed in the special-service entrance door frame so the wheelchair lift will not operate when the special-service entrance door is closed.

D. Wheelchair lift:

1. A wheelchair lift shall be capable of lifting a minimum load of 800 pounds.

2. When the wheelchair-lift platform is raised to the maximum position, it shall be held in position by the wheelchairlift.

3. Controls shall be provided that enable an individual authorized by the school bus driver to activate the wheelchair lift from either inside or outside the school bus.

4. The wheelchair lift shall be equipped so it may be manually raised or lowered in the event of a power failure to the wheelchair lift.

5. The wheelchair lift shall contain a safety device to prevent the wheelchair-lift platform from falling.

6. The wheelchair lift shall be constructed so it allows the wheelchair-lift platform to rest completely on the ground.

7. All edges of the wheelchair-lift platform shall be designed to restrain the wheelchair and prevent the feet of an individual in the wheelchair from becoming caught during the raising or lowering process.

8. A barrier shall be attached along the outer non-loading edges of the wheelchair-lift platform that will prevent the wheelchair from rolling off the wheelchair-lift platform when the wheelchair-lift platform is placed in any position other than completely extended on ground level.

9. A self-adjusting, skid-resistant plate shall be installed on the loading edge of the wheelchair-lift platform to reduce the incline from the wheelchair-lift platform to ground level. This plate shall be used as a restraining barrier on the loading edge of the wheelchair-lift platform. The wheelchair-lift platform shall be skid-resistant.

10. A school bus may be provided with a battery to be used exclusively to operate the wheelchair lift. If a battery is installed for this purpose, an appropriate size circuit breaker meeting the wheelchair lift manufacturer's specifications shall be installed between the battery and the wheelchair lift motor. The circuit breaker shall be located as close to the power source as possible, but not within the school bus driver's compartment.

11. The wheelchair lift shall be equipped with an adjustable switch that limits the electrical power to the wheelchair-lift motor and a bypass valve to prevent pressure from building in the hydraulic system when the wheelchair-lift platform reaches the maximum up or down position.

12. A ramp may be carried on a school bus for use during an occurrence that requires evacuating the school bus. The ramp shall not be stored within the passenger compartment of the school bus.

E. Wheelchair and wheelchair-passenger securement:

1. Each wheelchair in a school bus shall be secured in a forward-facing position. Medical equipment and supplies required to accommodate a disabled passenger shall be secured in a school bus by means of alterations approved by the Department in accordance with R17-9-108(G).

2. Each wheelchair-securement system location in a school bus shall have a minimum clear floor area of 30 inches in width from the interior school bus wall to the aisle and a minimum of 48 inches in length. A wheelchair shall not be placed in a position that prevents passage through the special-service entrance.

3. Each wheelchair-securement system shall have four full-length tracks, with an L-track four-point tie-down configuration.

4. The wheelchair-securement system shall provide a minimum of four wheelchair-securement anchorages attached to the school bus floor with a minimum of two anchorages located at the rear of the space designated for a wheelchair and a minimum of two anchorages located at the front of the space.

5. The wheelchair-securement system shall provide a minimum of one wheelchair-securement device located in each of the rear anchorages and a minimum of one wheelchair-securement device located in each of the front anchorages.

6. A wheelchair space shall have a minimum of one wheelchair-passenger shoulder restraint anchorage attached to the interior wall of the school bus and a minimum of two wheelchair-passenger restraint anchorages located at the rear of the space.

7. Each wheelchair space shall have one wheelchair-passenger restraint. A school bus equipped with a wheelchair-passenger restraint shall have the following information available on the school bus:

a. A telephone number where information may be obtained about installation, repair, and parts; and

b. Instructions regarding use of the restraint, including a diagram showing the proper placement of the wheelchair and positioning of securement devices and occupant restraints, including correct belt angles.

F. Dome light: A dome light shall be placed in the interior ceiling of the school bus to illuminate the wheelchair lift area. The dome light shall be activated by a pressure switch located in the special-service entrance door or by a manually operated switch located in the interior of the school bus no more than one foot from the special-service entrance door. This switch shall be used exclusively for the dome light.

G. Aisles: All aisles leading to an emergency door from any wheelchair space shall be a minimum of 30 inches in width. The emergency door opening shall be a minimum of 30 inches in width.

H. Seating arrangements: All fixed seats in a special-needs school bus shall be forward facing.

I. Emblems: A school bus used for transporting disabled passengers shall display two International Symbol of Accessibility emblems. One emblem shall be placed below the upper window on the emergency door or below the window on the special-service entrance door, and the second emblem shall be placed below the windshield on the side of the bus or on the bumper opposite the school bus driver. The emblems shall be made of blue, reflective material and be a minimum of 6 inches and a maximum of 12 inches in width and height and shall contain a reflective white wheelchair impression with a minimum of 1/8 inch reflective white border around the outer edges of the emblems.

J. Types A and B school buses used to transport disabled passengers shall comply with the specifications contained in this Section except:

1. A ramp may be installed in place of a wheelchair lift;

2. If a ramp is used, it shall be of a strength and rigidity to support a wheelchair, passenger, and an individual attending the wheelchair passenger. The ramp shall be equipped with a barrier on each longitudinal side to prevent the wheelchair from leaving the ramp;

3. The floor of the ramp shall be covered with nonskid material; and

4. A ramp shall not be carried in the passenger compartment of a school bus.

Historical Note

Adopted effective February 16, 1996 (Supp. 96-1). Amended by final rulemaking at 7 A.A.R. 2906, effective June 13, 2001 (Supp. 01-2). Amended by final rulemaking at 14 A.A.R. 2110, effective May 8, 2008 (Supp. 08-2).

R17-9-106. Minimum Standards for School Bus Chassis

As of February 16, 1996, the chassis of a school bus shall meet the requirements of this Section when the school bus is introduced into Arizona. The chassis of a school bus introduced into Arizona before that date shall meet the requirements of this Section or those at A.A.C. R17-4-609.

1. Air cleaner: An engine intake air cleaner shall be installed in the school bus that meets engine specifications defined by the school bus manufacturer.

2. Axles: The front and rear axles and suspension assemblies shall have a gross axle weight rating consistent with that stated by the chassis manufacturer on a notice located in the school bus driver's compartment.

3. Back-up alarm: If installed, an alarm that emits a warning sound when the school bus is backing shall conform to the following:

a. The alarm-signaling device shall be of electronic, solid state design and shall emit an audible sound of a minimum of 97 dB(A) measured at 4 feet, 0° access from the source of the sound.

b. The alarm-signaling device shall be wired into the backup light circuits and shall emit sound automatically when the gear shift lever is in "reverse" position.

c. The alarm-signaling device shall be attached to the school bus chassis or body behind the rear axle.

4. Brakes:

a. A school bus with a manufacturer-designed passenger capacity of 60 or less shall be equipped with a service-brake system that uses compressed air or hydraulic assist.

b. A school bus with a manufacturer-designed passenger capacity greater than 60 shall be equipped with a service- brake system that uses compressed air.

c. In addition to the service-brake system, a school bus shall be equipped with a parking-brake system to keep the school bus from moving when parked.

d. The service brakes in a compressed-air system shall be adjusted using the following criteria:

Type	Outside Diameter of Air Chamber	Brake Adjustment Limit
6	4 1/2 inches	1 1/4 inches
9	5 1/4 inches	1 3/8 inches
12	5 11/16 inches	1 3/8 inches
16	6 3/8 inches	1 3/4 inches
20	6 25/32 inches	1 3/4 inches
24	7 7/32 inches	1 3/4 inches
30	8 3/32 inches	2 inches
36	9 inches	2 1/4 inches

e. The service brakes in a "long stroke" clamp type brake system shall be adjusted using the following criteria:

Type	Outside Diameter of Air Chamber	Brake Adjustment Limit
12	5 11/16 inches	1 3/4 inches
16	6 3/8 inches	2 inches
20	6 25/32 inches	2 inches
24	7 7/32 inches