Captain Ken Urquhart

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Captain Ken Urquhart Pupil Transportation Safety
Director
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What is the difference in these school busses?
The type of activities they are performing
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What is an authorized school bus
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Definitions (State)

• 169.01 sub. 6 School bus.
• "School bus" means a motor vehicle used to
  transport pupils to or from a school defined in
  section 120A.22, or to or from school-related
  activities, by the school or a school district,
  or by someone under an agreement with the school
  or a school district

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Definitions (State - continued)

• A school bus does not include a motor vehicle
  transporting children to or from school for which
  parents or guardians receive direct compensation
  from a school district, a motor coach operating
  under charter carrier authority, a transit bus
  providing services as defined in section 174.22,
  subdivision 7

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IS SCHOOL BUS TRANSPORTATION SUBJECT TO the
FMCSRs (Intrastate)
School to Home Extracurricular
or
School Home to School Activities
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Definitions (Federal 49CFR 390.5)

• School bus operation means the use of a school
  bus to transport only school children and/or
  school personnel from home to school and from
  school to home.

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WHEN IS SCHOOL BUS TRANSPORTATION SUBJECT TO THE
FMCSRs (Interstate)
School to Home Extracurricular
or
School Home to School Activities
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Renting aSchool District BusMinnesota Statute
123B.88 sub 8
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Rental of School District Bus

• Authority to rent buses. The board may rent a
  bus owned by the district excluding a motor-coach
  bus to any person for any lawful purpose. Bus
  rental must not interfere with the transportation
  of pupils by the district. A lessee may use and
  operate the bus without payment of a motor
  vehicle tax. The lessee is liable for any claims
  for injuries and damages arising out of the use
  and operation of a bus leased from the district.
  Except as provided in subdivision 15 (Insurance),
  the lessee shall procure insurance at the
  lessee's expense protecting the board and the
  district against claims for injuries and damages
  arising out of the use and operation of the bus.

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Insurance Options123B.88 sub 8, 9 15

• Sub. 8. Authority to rent buses
• Renter / Lessees shall purchase insurance to
  protect Board or District from claims
• Sub. 9. Nonpupil transportation insurance
• Must carry mandatory insurance levels as set
  forth in 466.04 sub1.
• Sub. 15. Insurance indemnity
• School Board option to purchase insurance
  indemnity rider policy

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School District Non-pupil Transportation

• 123B.88 Sub 9. Transportation to non-pupils of
  the school district attending school events, as
  defined in section 123B.49, subdivision 3 or 4,
  provided that no carrier having a charter carrier
  permit has its principal office and place of
  business or bus garage within 12 miles of the
  principal office of the district.

12 miles
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Example of a bus rentals

• A local church contacts the school district to
  transport church members on an outing.
• Little League wants the school district bus to
  transport the team to a tournament.
• Community activities
• Duluth - Grandmas Marathon
• Walker - Eelpout Festival
• Mora - Vasaloppet Ski Race

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Example of For Hire Transportation

• American Legion Baseball.
• Fees paid for participation
• Fees include transportation cost
• Community Event
• Fees charged to attendee for transportation from
  one venue to another

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Requirements of the School Bus Renters / Lessees

• Renter / lessee becomes the motor carrier
• Renter / lessee responsibilities include
• Assuring compliance with safety regulations,
  including 49CFR
• Part 383 (CDL requirements)
• Part 382 (Controlled substance / alcohol testing)
• Part 391 (Driver qualification)
• Part 395 (Hours of service)
• Part 396 (Maintenance / Inspection)

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Requirements of the School Bus Renters /
Lessees(continued)

• Insurance coverage required by renter / lessee
• If Renter / Lessee collects a fee from the
  passengers for their transportation, the
  transportation becomes for hire.
• For Hire activities require registration.
• Intrastate operations OFCVO
• Interstate operations FMCSA

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CDL holder convictions

• 383.31 Notification of convictions for driver
  violations
• 383.33 Notification of drivers license
  suspensions, revocations, and cancellations

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• 49 CFR 383.31
• The notification to the State official and
  employer must be made in writing and contain the
  following information
• (c)(1) Driver's full name
• (c)(2) Driver's license number
• (c)(3) Date of conviction
• (c)(4) The specific criminal or other offense(s),
  serious traffic violation(s), and other
  violation(s) of State or local law relating to
  motor vehicle traffic control, for which the
  person was convicted and any suspension,
  revocation, or cancellation of certain driving
  privileges which resulted from such
  conviction(s)
• (c)(5) Indication whether the violation was in a
  commercial motor vehicle
• (c)(6) Location of offense and
• (c)(7) Driver's signature.

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49 CFR 383.33 Each employee who has a
driver's license suspended, revoked, or canceled
by a State or jurisdiction, who loses the right
to operate a commercial motor vehicle in a State
or jurisdiction for any period, or who is
disqualified from operating a commercial motor
vehicle for any period, shall notify his/her
current employer of such suspension, revocation,
cancellation, lost privilege, or
disqualification. The notification must be made
before the end of the business day following the
day the employee received notice of suspension,
revocation, cancellation, lost privilege, or
disqualification.
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State Patrol Commercial Vehicle Website

• Forms is available on the Minnesota State Patrol
  Commercial Vehicle website
• http//www.dps.state.mn.us/patrol/comveh/index.htm
  

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Minnesota State Patrol web site updates
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(No Transcript)
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Minnesota School Bus Annual Inspections /
Registration

• 169.451 School Bus Annual
• Issued only by MSP for school bus operations
• 169.781 Mandatory Inspection Program
• Required for non school bus related activities
• School Bus (SB) verses Bus (BY) plates

Bus (Appendix G)
MN School Bus
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Taxable Fuel Internal Revenue Code IRC 4221
(d)(7)(c) 6427(b)(1)(B)

• Red dyed fuel is not permitted when non school
  related activities are being performed.
• Penalties
• 1,000 Internal Revenue Service (US)
• 1,000 Department of Revenue (MN)
• Possible additional penalties up to 5.00 per
  gallon (storage tank) fines

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Record Training Requirements for School Bus
OperationsMinnesota Statute 171.321
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School Bus Driver Training Record Requirements

• Ensure CDL requirements (annual MVRs)
• Medically qualified
• Annual training
• Road test the driver
• Appendix A, B, D, E
• or 8 hour Annual Training Program
• Records must be maintained for the current
  training period (Documentation)

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Activity Bus RequirementsMultifunction
(MFSAB)Minnesota Statute 171.02 sub. 2a
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Activities Bus Limitations

• An employee of the contractor or school not
  solely hired to provide activity bus service
• Only used to transport for the activity not home
  to school or school to home
• Use of eight light system prohibited
• Provides driver with annual training
• A background check or background investigation of
  the operator
• Operators shall have a current physical exam /
  medical certificate

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Activities Bus Training

• (1) safe operation of the type of school bus the
  operator will be driving
• (2) understanding student behavior, including
  issues relating to students with disabilities
• (3) encouraging orderly conduct of students on
  the bus and handling incidents of misconduct
  appropriately
• (4) knowing and understanding relevant laws,
  rules of the road, and local school bus safety
  policies
• (5) handling emergency situations and
• (6) safe loading and unloading of students.

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Unified Carrier Registration(UCR)

• Interstate operations
• Must register with FMCSA
• USDOT number is required
• This includes
• Private motor carriers
• For Hire motor carriers
• Exempt motor carriers

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Questions?
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Who Remembers the TV ShowCandid Camera?

• In the words of Allen Funt
• You never know where or you never know when
  youll see Duane and Paul again