WSR 16-07-135
PROPOSED RULES
SUPERINTENDENT OF
PUBLIC INSTRUCTION
[Filed March 22, 2016, 1:20 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-03-078.
Title of Rule and Other Identifying Information: Chapter 392-145 WAC, Transportation-Operation rules.
Hearing Location(s): Office of Superintendent of Public Instruction (OSPI), 2nd Floor, Policy Conference Room, 600 South Washington Street, Olympia, WA 98504-7200, on April 27, 2016, at 1:00 p.m.
Date of Intended Adoption: April 29, 2016.
Submit Written Comments to: Allan Jones, Director, Student Transportation, P.O. Box 47200, Olympia, WA 98504-7200, e-mail allan.jones@k12.wa.us, by April 27, 2016.
Assistance for Persons with Disabilities: Contact Kristin Murphy by April 20, 2016, TTY (360) 664-3631 or (360) 725-6133.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed revisions would restrict the use of personal communication devices while operating a school bus, restrict the distribution of edible items on a school bus, plus other technical corrections.
Statutory Authority for Adoption: RCW
46.61.380.
Rule is not necessitated by federal law, federal or state court decision.
Name of Agency Personnel Responsible for Drafting and Implementation: Allan J. Jones, OSPI, Student Transportation, (360) 725-6122; and Enforcement: JoLynn Berge, OSPI, Financial Resources and Governmental Relations, (360) 725-6300.
No small business economic impact statement has been prepared under chapter 19.85 RCW.
A cost-benefit analysis is not required under RCW 34.05.328.
March 9, 2016
Randy Dorn
State Superintendent
of Public Instruction
AMENDATORY SECTION (Amending WSR 07-05-058, filed 2/20/07, effective 11/1/07)
WAC 392-145-021 General operating requirements.
The following operating procedures are required to assure maximum passenger safety:
(1) No school bus shall be operated unless each passenger aboard has been provided with a safe seat of sufficient size to accommodate each passenger within the seat compartment. There shall be no auxiliary seating accommodations such as temporary or folding jump seats in any school bus. Students shall remain seated while the school bus is in motion.
(2) Passengers in school buses equipped with seat belts shall be required to wear them properly adjusted whenever the school bus is in motion.
(3) Heavy, sharp, bulky, and/or other articles which may be hazardous in the event of an accident or an emergency stop shall not be transported unsecured in the passenger area of any school bus. Specific attention is directed to items such as skis, ski poles, vaulting poles, large musical instruments, riser platforms, etc. In no case will items be secured in such a manner as to impede access to any exit. Items which shall not be transported within the passenger area of a school bus include all forms of animal life (except service animals), firearms, weapons, breakable containers, flammables, and all other articles which could adversely affect the safety of the school bus and passengers.
Teachers and all other school district staff members shall be annually notified that students shall not be requested to transport prohibited items between home and school on a school bus.
(4) When a teacher, coach, or other ((certificated)) staff member is assigned to accompany students on a school bus, such person shall be responsible for the behavior of the students in his or her charge and shall ensure that passengers comply with state rules, and district policies and procedures for student transportation. However, the school bus driver shall have final authority and responsibility.
AMENDATORY SECTION (Amending WSR 07-05-058, filed 2/20/07, effective 11/1/07)
WAC 392-145-031 General school bus driver requirements.
The following are school bus driver requirements:
(1) School bus drivers shall wear a properly adjusted seat belt whenever the school bus is in motion.
(2) School bus drivers shall immediately report any suspected malfunction or needed repair of the school bus in their charge.
(3) A school bus driver shall only allow individuals authorized under the provisions of chapter 392-144 WAC to operate the school bus with passengers on board. No person except the driver shall be allowed to sit in the driver's seat.
(4) Except in accordance with district policy no school bus driver shall leave the driver's seat without first securing the school bus by setting the parking brake, placing the transmission in the manufacturer's recommended position, shutting off the engine, and removing the key from the ignition switch. The keys shall be kept in the driver's or other authorized school official's possession.
(5) All school bus drivers shall meet the qualifications established in chapter 392-144 WAC prior to transporting students.
(6) Except in accordance with district policy, a school bus driver shall not use a personal electronic device for personal communications while operating a school bus, except for the use of such devices to report illegal activity, summon medical or other emergency help, or prevent injury to a person or property, as permitted under RCW 46.61.667. For the purpose of this section, operating a school bus is defined as when the school bus engine is running.
(7) Except in accordance with district policy, a school bus driver shall not distribute anything edible to students riding the bus.
AMENDATORY SECTION (Amending WSR 07-05-058, filed 2/20/07, effective 11/1/07)
WAC 392-145-041 Pretrip and posttrip requirements.
The following are requirements to assure safety and security of the school bus during operation:
(1) Motor fuel shall not be put into the tank while the engine is running or while passengers are on the school bus. School bus drivers, prior to commencement of any trip, shall assure that the school bus has sufficient fuel to prevent the school bus from running out of fuel.
(2) School bus drivers, prior to commencement of any trip, shall assure that the mirrors, windshield and rear window(s) of the school bus are clean.
(3) Prior to commencement of and during any trip, with passengers aboard, every school bus driver shall ensure there are no articles in the following areas that could impede normal movement, visibility, or emergency egress: The service entrance step well; the entire main aisle from front to rear; the aisles or passage ways to any emergency door; the entire shelf area between the rearmost passenger seats and the rear emergency window (if so equipped).
(4) Tools and other miscellaneous articles shall be carried in appropriate compartments. They shall not be carried loose upon the floor or dashboard area of the school bus.
(5) School bus drivers shall be certain that all brakes, lights, stop signs, warning signal lamps, and other safety devices are working properly before starting on any trip and shall assure that the school bus is equipped with a fully stocked first-aid kit, three reflective triangles, a body fluid clean-up kit and a fire extinguisher certified to be in good working order.
(6) School bus drivers shall check the latch, safety lock, and warning system for all emergency exits prior to each trip and no school bus shall be operated with passengers aboard unless all the emergency exits are functioning properly.
(7) At the end of each trip or route segment, the school bus driver shall thoroughly check the school bus to ((insure)) ensure that no students are left on the school bus. Additionally, the school bus driver shall take reasonable action to ((insure)) ensure that any articles left behind by students are safe, secure, and dealt with according to district policy.
AMENDATORY SECTION (Amending WSR 07-05-058, filed 2/20/07, effective 11/1/07)
WAC 392-145-060 Loading and unloading procedures.
The following procedures are required to assure maximum student safety:
(1) A school bus driver shall not order or allow a student to depart the school bus other than at his or her regular stop unless permission is first obtained in accordance with district policy.
(2) School bus drivers shall pick up only the students and persons designated by an authorized school district administrator.
(3) School bus drivers shall have the primary responsibility for the safety of passengers while they are boarding the school bus, while they are on the school bus, and while they are disembarking the school bus and crossing the roadway. If passengers must cross the road, the driver shall make every reasonable effort to ((insure)) ensure that they cross safely and that they pass in front of the school bus and never behind the school bus. The driver shall likewise ((insure)) ensure that passengers boarding or disembarking from the school bus are within his/her view at all times.
(4) Prior to stopping the school bus on the roadway for the purpose of loading or unloading passengers, school bus drivers shall activate the alternating flashing amber lamps by means of a master sequencing switch. The driver shall activate the alternating flashing amber lamps:
(a) No less than one hundred feet and no more than three hundred feet from the school bus stop where the posted speed limit is thirty-five miles per hour or less; and
(b) No less than three hundred feet and no more than five hundred feet from the school bus stop where the posted speed limit is more than thirty-five miles per hour.
(5) No school bus shall pull over to the left-hand side of the road to load or unload passengers.
(6) The stop sign and alternately flashing red lamps shall be activated whenever a school bus is stopped on any portion of a traveled roadway to load or unload school children. Simultaneously flashing amber hazard lamps shall be activated whenever a school bus is stopped off the roadway to load or unload school children.
(7) Whenever school children have to cross the roadway, the school bus shall stop on the roadway and display the stop sign and alternately flashing red lamps. A school bus driver shall not allow school children to cross any roadway having three or more marked traffic lanes or any highway divided into separate roadways as provided in RCW
46.61.150.
(8) The stop sign and alternately flashing red lamps on a school bus shall not be used while the school bus is moving or to indicate that the school bus is going to stop.
(9) While loading and unloading passengers on a traveled portion of the roadway, the school bus driver shall activate the alternating flashing red lights by means of a sequencing switch prior to opening the passenger load door.
(10) The school bus driver shall set the parking brake and place the transmission in neutral or park prior to loading or unloading passengers. When it is possible, the school bus driver shall maintain light pressure on the service brake to activate the brake lamps when loading or unloading passengers.
(11) The school bus driver shall assure that all students are seated or secure prior to releasing the brake.
(12) In any case in which a school bus passes a stopped school bus which is loading and unloading students off the traveled portion of the roadway, the passing school bus shall reduce speed and proceed with caution.
AMENDATORY SECTION (Amending WSR 14-15-049, filed 7/11/14, effective 8/11/14)
WAC 392-145-070 Rail grade crossings.
The following requirements apply to drivers of school buses during rail grade crossings:
(1) All school buses shall stop at all rail grade crossings except:
(a) Where traffic is controlled by a police officer or flagger;
(b) Where a functioning traffic control signal is transmitting a green light;
(c) Where the tracks are used exclusively for a streetcar or industrial switching purposes;
(d) Where the utilities and transportation commission has approved the installation of an "exempt" sign; or
(e) Where the crossing is abandoned and is marked with a sign indicating it is out-of-service.
(2) In order to lessen the potential for collisions, school bus drivers shall use simultaneously flashing amber hazard lamps within two hundred feet prior to stopping for a rail grade crossing.
(3) The school bus driver shall open the door and driver window to listen for approaching trains.
(4) Drivers shall take reasonable action to ((insure)) ensure that passengers are quiet and shall turn off all noise making devices such as fans and radios while listening for approaching trains.
(5) Drivers shall not proceed until the door is closed, visibility is clear, and the school bus can safely proceed across and completely clear the rail grade.
(6) Drivers shall not change gears of a school bus equipped with a manual transmission while the school bus is crossing a rail grade.
