SUBCHAPTER 3G ‑ SCHOOL BUS AND TRAFFIC SAFETY SECTION
SECTION .0100 ‑ GENERAL INFORMATION
19A NCAC 03G .0101 PURPOSE
This Subchapter deals with various driver education programs
designed to improve driving skills and promote traffic safety. Rules for commercial
driver training schools and school bus driver certification are also
established. The following publications are available from the School Bus and
Traffic Safety Section of the Division of Motor Vehicles, 1100 New Bern Avenue,
Raleigh, NC 27697:
(1) Rules Governing the Licensing of Commercial Driver
Training Schools;
(2) Rules Governing the Issuance and Cancellation of
School Bus Driver Certificates;
(3) Schedule of Driver Improvement Clinics.
History Note: Authority G.S. 20‑1; 20‑3; 20‑7(m);
20‑16(c); 20-39(b); 20‑88.1; 20‑218; 20‑320 through 20‑328;
Eff. July 1, 1978;
Amended Eff. December 1, 1993; November 1, 1991; February
1, 1982.
19A NCAC 03G .0102 FORMS AND
PUBLICATIONS
All forms and publications pertaining to this Subchapter are
on file in the Commissioner's Office and are available for inspection during
normal working hours.
History Note: Authority G.S. 20‑1; 20-39(b);
Eff. July 1, 1978;
Amended Eff. December 1, 1993; February 1, 1982.
19A NCAC 03G .0103 PUBLICATIONS
History Note: Authority G.S. 20‑1; 20‑218;
Eff. July 1, 1978;
Repealed Eff. February 1, 1982.
SECTION .0200 ‑ SCHOOL BUS DRIVER TRAINING AND
CERTIFICATION
19A NCAC 03G .0201 SCHOOL BUS DRIVER TRAINING
19A NCAC 03G .0202 REQUIREMENTS FOR CERTIFICATION
History Note: Authority G.S. 20‑1; 20‑218;
Eff. July 1, 1978;
Amended Eff. February 1, 1982;
Repealed Eff. April 1, 1989.
19A NCAC 03G .0203 SCHOOL BUS DRIVER CERTIFICATES ‑
SCOPE OF RULES
The officials of the North Carolina Division of Motor
Vehicles recognize the authority of the local school officials of the various
county and city administrative units to select, assign, and dismiss school bus
drivers. The rules set out in this Section define the eligibility requirements
for certification of school bus drivers as established by the Division of Motor
Vehicles and set the standards of performance and conduct necessary to retain
certification.
History Note: Authority G.S. 20‑39(b); 20‑218;
Eff. April 1, 1989;
Amended Eff. August 1, 2000; December 1, 1993.
19A NCAC 03G .0204 DEFINITIONS OF WORDS AND PHRASES
The following words and phrases when used in the rules set
out in this Section shall, for the purposes of the rules set out in this
Section, have the meanings respectively prescribed to them, except in those
instances where the context clearly indicates a different meaning:
(1) Conviction‑‑A conviction upon a plea of
guilty, or of nolo contendere; or the determination of guilt by a jury or by a
court though no sentence has been imposed or, if imposed, has been suspended,
and it includes a forfeiture of bail or collateral deposited to secure
appearance in court of the defendant, unless the forfeiture has been vacated,
and shall include prayer for judgment continued.
(2) Driver Education Specialist or representative‑‑An
employee of the Division of Motor Vehicles whose job title it is and whose
primary responsibility is the training and certification of school bus drivers.
(3) Driving Privilege‑‑The privilege to
operate a motor vehicle upon the highways of this state as evidenced by a Class
A, B, or C driver license issued by the Driver License Section of the North
Carolina Division of Motor Vehicles.
(4) Moving violation‑‑Any violation of the
motor vehicle laws of this state, except:
(a) Those offenses for which no points may be
assessed under the point system specifically set forth in General Statutes 20‑16(c);
(b) Those equipment violations specified in Part
9 of Article 3 of Chapter 20 of the General Statutes.
(5) Proximate Cause of an Accident‑‑Any
violation of the motor vehicle laws of this state which contributed directly to
an accident. Some violations not involving actual physical driving actions
shall not be considered proximate causes although they may be assessed points
under the point system specifically set forth in General Statutes 20‑16(c),
including but not limited to:
(a) No driver's license;
(b) No liability insurance;
(c) Failure to report an accident;
(d) No motorcycle endorsement; and
(e) Other offenses of a like character not
involving some actual physical driving action.
(6) School Bus‑‑Any vehicle, of whatever
size and passenger capacity, whose primary and designated purpose is the
transportation of school students over an established route to and from school
for the regularly scheduled school day and which is equipped with alternately
flashing red lights on the front and rear and a mechanical stop signal and
which bears the words "School Bus" on the front and rear in letters
not less than eight inches in height.
(7) School Bus and Traffic Safety Section‑‑That
section of the North Carolina Division of Motor Vehicles whose primary
responsibility is the training and certification of school bus drivers.
(8) Training Course for School Bus Drivers‑‑The
course of study developed by the North Carolina Division of Motor Vehicles
which sets forth the rules and laws governing school bus drivers and school bus
operation as prescribed by the Division of Motor Vehicles and the State Board
of Education.
History Note: Authority G.S. 20‑39(b); 20‑218;
Eff. April 1, 1989;
Amended Eff. December 1, 1993.
19a ncac 03G .0205 ISSUING OF ORIGINAL CERTIFICATE
Any applicant for certification as a school bus driver shall
meet the following minimum requirements:
(1) Legal:
(a) Shall be at least 18 years of age with at
least six months driving experience as a licensed operator of a motor vehicle,
and shall possess a valid North Carolina driver license of Class A, B, or C.
In the event a prospective driver shall have his place of residence in another
state, he may be certified as a school bus driver if he submits a copy of his
driving record from the state in which he is licensed before his initial
certification. Also, he must notify both his employer and the N.C. School Bus
and Traffic Safety Section within 30 days of a conviction of any moving
violation no matter what type of vehicle he was driving.
(b) Shall within a period of one year (12
months) immediately preceding certification have on his driving record:
(i) No more than one conviction of any moving
violation;
(ii) No conviction whatever of:
(A) Reckless driving;
(B) Speeding in excess of 15 mph above the posted
limit; or
(C) Passing a stopped school bus;
(iii) No conviction of a moving violation which
was the proximate cause of an accident.
(c) Shall within a period of two years (24
months) immediately preceding certification have on his driving record no
suspension or revocation of the driving privilege other than for such status
offenses as:
(i) Lapsed liability insurance;
(ii) Failure to appear in court;
(iii) Failure to comply with out‑of‑state
citation; or
(iv) A 30 day revocation not accompanied by a
subsequent conviction of driving while impaired.
(d) Shall within a period of five years (60
months) immediately preceding certification have on his driving record:
(i) No more than three convictions of moving
violations of any kind;
(ii) No more than two convictions of moving
violations which were the proximate causes of accidents;
(iii) No conviction of driving while impaired;
(iv) No suspension or revocation of the driving
privilege other than for:
(A) Those status offenses enumerated in Paragraph
(c) of this Rule,
(B) Those offenses enumerated in G.S. 20‑16(a),
subsections (9) and (10).
(e) Shall have on his driving record no more
than one conviction of driving while impaired.
(f) Shall have no "STOP" entry
appearing on his driving record at the time of certification.
(g) Shall have no record of any conviction of a
violation of the criminal code greater than a misdemeanor for a period of at
least five years immediately preceding certification. Further, shall never
have had in any jurisdiction a conviction of an offense against the public
morals, including but not limited to rape and child molestation.
(h) Shall have a driving record which in its
overall character arouses no serious question about the reliability, judgment,
or emotional stability of the applicant.
(i) Shall successfully complete the training
course for school bus drivers.
(2) Physical Standards for School Bus Drivers. Every
school bus driver shall meet the physical standards set forth in The North
Carolina Physician's Guide To Driver Medical Evaluation, published in June 1995
by the Division of Epidemiology, North Carolina Department of Health and Human Services,
which is available without charge from the School Bus & Traffic Safety
Section of the Division of Motor Vehicles including any subsequent amendments
and editions.
History Note: Authority G.S. 20‑39(b); 20‑218;
Eff. April 1, 1989;
Amended Eff. August 1, 2000; January 1, 1994;
Temporary Amendment Eff. May 18, 2001;
Amended Eff. April 1, 2003; August 1, 2002.
19A NCAC 03G .0206 PERIOD OF CERTIFICATION
A school bus driver certificate shall expire on the
expiration date of the driver's commercial driver license.
History Note: Authority G.S. 20‑39(b); 20‑218;
Eff. April 1, 1989;
Amended Eff. August 1, 2000; August 1, 1991; September 1,
1990.
19A NCAC 03G .0207 RENEWAL OF CERTIFICATION
Every driver must be re-certified at the time of the
expiration of his Commercial Driver License upon passing the four written tests
(general knowledge, passenger transport, school bus, and air brakes), a pre-trip
inspection observation, a driving observation, and an eye screening. A driver
shall be exempted from the written tests, provided he has accumulated no more
than three points on his driving record since his last certification and has
had at least one hour of in-service training for each year since his last
certification. A driver whose certification expires may be re-certified within
30 days in the same manner as though his certification had not expired. Any
driver whose certification expires for more than 30 days may be re-certified
within the next year following the expiration upon passing the four written
tests (general knowledge, passenger transport, school bus, and air brakes), the
three skills tests (pre-trip inspection, basic skills, and road), and an eye
screening. If more than one year has elapsed since the expiration of the most
recent certification, the applicant must complete the full training course
required of a beginning driver.
History Note: Authority G.S. 20‑39(b); 20‑218;
Eff. April 1, 1989;
Amended Eff. June 1, 2004; August 1, 2000; July 1, 1994;
August 1, 1991.
19A NCAC 03G .0208 TRANSFER OF CERTIFICATION
Certification as a school bus driver may be transferred from
any part of this state to any other, under the following conditions:
(1) All records compiled by the Driver Education
Specialist in the former district for which the driver drove shall be forwarded
to the Driver Education Specialist in the new district.
(2) The driver must meet all requirements of the school
system in the new district and accept any training which may be required by
school officials and the Driver Education Specialist working in that area.
History Note: Authority G.S. 20‑39(b); 20‑218;
Eff. April 1, 1989.
19A NCAC 03G .0209 CANCELLATION OF CERTIFICATION
(a) The Division of Motor Vehicles shall cancel the school
bus driver certificate of any driver for the following reasons:
(1) Any determination that the certificate was
issued on the basis of misinformation, false statements, or fraud.
(2) A suspension, revocation, or cancellation
of the driver license.
(3) Conviction of any of the following motor
vehicle moving offenses:
(A) Driving while impaired;
(B) Passing a stopped school bus;
(C) Hit and run;
(D) Careless and reckless driving;
(E) Excessive speeding involving a single charge of
speeding more than 15 miles per hour above the posted speed limit;
(F) Two convictions within a period of 12 months;
(G) A violation committed while operating a school bus.
(H) A violation of any State or local law relating to
motor vehicle traffic control, other than a parking violation, arising in
connection with a fatal accident;
(I) Improper or erratic lane changes;
(J) Following the vehicle ahead too closely;
(K) Driving a commercial motor vehicle without obtaining
a commercial drivers license;
(L) Driving a commercial motor vehicle without a
commercial drivers license in the driver's possession. However, a person shall
not be convicted of failing to carry a commercial drivers license if by the
date the person is required to appear in court for the violation he or she
produces to the court a commercial drivers license that was valid on the date
of the offense;
(M) Driving a commercial motor vehicle without the proper
class of commercial drivers license or endorsements for the specific vehicle
group being operated or for the passenger or type of cargo being transported.
(4) A determination of physical or mental
inadequacy under the provisions of the physical requirements noted in Rule
.0205 of this Section.
(5) A local cancellation of certification, in
the discretion of the local administrative unit, for violation of local
regulations, submitted to the Driver Education Specialist for cancellation at
the state level. If there is not an offense or conviction that would require a
mandatory cancellation by the Section, the Driver Education Specialist shall
handle the cancellation locally by canceling the certificate at the garage and
retain the pocket card in his files.
(6) A driving record which in its overall
character arouses question about the reliability, judgment, or emotional
stability of the driver.
(7) Conviction of a violation of G.S. 20-142.1
through 20-142.5 when the driver is operating a commercial motor vehicle. The
driver shall be disqualified from driving a commercial motor vehicle as
follows:
(A) For a period of 60 days if convicted of a first
violation of a railroad grade crossing offense listed in this Subparagraph;
(B) For a period of 120 days if convicted during any
three-year period of a second violation of any combination of railroad grade
crossing offenses listed in this subparagraph;
(C) For a period of one year if convicted during any
three-year period of a third or subsequent violation of any combination of
railroad grade crossing offenses listed in this Subparagraph.
(b) Upon recommendation of the Driver Education Specialist
or local school officials, the Division of Motor Vehicles shall require
re-examination of any certified driver whose qualifications become questionable
or who exhibits evidence of improper or unsafe driving practices and driving
procedures. If such a re-examination reveals a problem, the Driver Education
Specialist shall suspend the certified driver from driving any school bus
pending re-training of the driver. If the problem cannot be corrected, the
Driver Education Specialist shall cancel the certification of the school bus
driver.
History Note: Authority G.S. 20‑39(b); 20‑218;
Eff. April 1, 1989;
Amended Eff. June 1, 2004; August 1, 2000; December 1,
1993; August 1, 1991; September 1, 1990.
19A NCAC 03G .0210 APPEAL OF CANCELLATION OF CERTIFICATION
Any driver whose certificate is cancelled under Rule
.0209(3)(g) of this Section shall have the opportunity to forward an appeal to
the director of the School Bus and Traffic Safety Section in Raleigh, stating
the special circumstances which the driver feels should be considered in
mitigation of the cancellation. The Director of the School Bus and Traffic
Safety Section shall appoint such members of an appeals committee as he shall
deem appropriate to consider such appeals; and his decision shall be final.
History Note: Authority G.S. 20‑39(b); 20‑218;
Eff. April 1, 1989.
19A NCAC 03G .0211 SUSPENSION FOR FAILURE TO APPEAR IN
COURT
A driver who fails to appear in court as scheduled to answer
charges shall be suspended pending the actual appearance in court of the driver
and the disposition of the case.
History Note: Authority G.S. 20‑39(b); 20‑218;
Eff. April 1, 1989.
19A NCAC 03G .0212 DATE OF CANCELLATION
The date of cancellation is the day on which the pocket card
in the possession of the driver (which attests to the existence of the official
school bus driver certificate on file with the county school bus garage) is
surrendered to the Division of Motor Vehicles or its representative, or if the
certificate or pocket card is not available, then that day upon which due
notification is given to the immediate superior for whom the driver drives.
From this date any pocket card or certificate which may for any reason remain
in the possession of the driver or any other person or institution shall be
null and void.
The Driver Education Specialist shall mail a letter to any
school bus driver who cannot be located, informing said driver of the
cancellation of his school bus driver certificate. The date of the letter
shall be deemed the date of cancellation. The use of the mailing address on
the driving record sent to the Driver Education Specialist shall be deemed
sufficient. A copy of this letter shall be submitted to the Director of
Transportation.
History Note: Authority G.S. 20‑39(b); 20‑218;
Eff. April 1, 1989;
Amended Eff. December 1, 1993.
19A NCAC 03G .0213 RENEWAL OF CERTIFICATION AFTER
CANCELLATION
(a) Any driver whose school bus driver certificate has been
canceled shall not be eligible to apply for re-certification for a period of
six months from the date of cancellation. Any person so applying must be
recommended by a school official and shall be required to complete the full
training course required for a beginning driver. Such person must meet all the
requirements of an original applicant.
(b) The only exceptions to this policy shall be in the case
of a local cancellation, in which a written request from a school official will
be required, and in the case of a suspension for the duration of a status
offense such as lapsed liability insurance, failure to appear in court, or
failure to comply with an out-of-state citation.
(c) For the purposes of this Section a 30 day revocation
shall be considered a suspension for a driving action. The driver will remain
suspended until the adjudication of the case. If at the adjudication of the case
the driver is found not guilty of driving while impaired, he may be
re-instated. If the driver is found guilty of driving while impaired, his
suspension will be declared effective, and he will not be considered for
re-certification for a period of five years following the date of conviction.
History Note: Authority G.S. 20‑39(b); 20‑218;
Eff. April 1, 1989;
Amended Eff. August 1, 2000; August 1, 1991.
SECTION .0300 ‑ RESTRICTED INSTRUCTION PERMIT
19A NCAC 03G .0301 DRIVER EDUCATION PERMIT
(a) North Carolina G.S. 20‑7(m) provides for issuance
of a restricted instruction permit to persons under the age of 18 enrolled in
driver education.
(b) The student's vision and physical condition shall be
checked and the results recorded on the permit. A driver education specialist
shall issue this permit to qualified students, when requested to do so by the
school.
History Note: Authority G.S. 20‑1; 20‑7(m);
20-39; 20‑88.1;
Eff. July 1, 1978;
Amended Eff. December 1, 1993; November 1, 1991; February
1, 1982.
19A NCAC 03G .0302 COMMERCIAL SCHOOL INSTRUCTORS
19A NCAC 03G .0303 EXEMPTION
19A NCAC 03G .0304 PUBLICATIONS
History Note: Authority G.S. 20‑1; 20‑320
through 20‑328;
Eff. July 1, 1978;
Repealed Eff. July 2, 1979.
SECTION .0400 ‑ DRIVER IMPROVEMENT CLINICS
19A NCAC 03G .0401 CLINICS
(a) The School Bus and Traffic Safety Section shall operate
driver improvement clinics in various locations across the state. Any
volunteer may be allowed to participate in these clinics. Any driver who has
been convicted of moving violations may be given an opportunity to attend such
a clinic as a part of probationary agreement between him and a hearing officer
of the Driver License Section of the Division of Motor Vehicles. A driver may
also be assigned to the clinic by any court in any jurisdiction or by any other
state's driver licensing agency.
(b) The course shall be the National Safety Council
Defensive Driving Course.
(c) Satisfactory attendance shall be judged by the instructor
in the clinic with notification to the assigning agency at the close of the
clinic.
History Note: Authority G.S. 20‑1; 20‑16(c);
20-16(d); 20‑16(e); 20-39(b);
Eff. July 1, 1978;
Amended Eff. December 1, 1993; November 1, 1991; October
1, 1982.
19A NCAC 03G .0402 INFORMATION
Dates, locations, and places of clinics are available
through the School Bus and Traffic Safety Section and are on file in the
Commissioner of Motor Vehicles' Office for inspection and review during normal
office hours.
History Note: Authority G.S. 20‑1; 20‑16(c),
(d), (e); 20-39(b);
Eff. July 1, 1978;
Amended Eff. November 1, 1991.
SECTION .0500 ‑ COMMERCIAL DRIVER TRAINING SCHOOL AND
INSTRUCTOR LICENSE
19A NCAC 03G .0501 COMMERCIAL DRIVER TRAINING SCHOOLS
History Note: Authority G.S. 20‑1; 20‑320
through 20‑328;
Eff. July 1, 1978;
Repealed March 1, 1982.
19A NCAC 03G .0502 COURSE CONTENT
History Note: Authority G.S. 20‑1; 20‑3;
Eff. July 1, 1978;
Repealed Eff. February 1, 1982.
SECTION .0600 ‑ DRIVER EDUCATION PROGRAM
19A NCAC 03G .0601 DRIVER EDUCATION AND SAFETY PROGRAM
INFORMATION
(a) The School Bus and Traffic Safety Section provides a
number of driver education programs, safety programs, work books and course
materials, safety literature and safety films to interested groups. These
materials are available on loan to groups that present the programs on their
own or, upon request, a driver education specialist will present the program.
(b) Some of the courses offered are:
(1) defensive driving course (National Safety
Council);
(2) presentations on general traffic safety
subjects;
(3) school bus passenger safety;
(4) bicycle, mini‑bike and pedestrian
training;
(5) basic driver education program.
(c) Information concerning course content, scheduling and
an index of safety films (approximately 250 titles) is available from:
School Bus and
Traffic Safety Section
Division of Motor
Vehicles
1100 New Bern Avenue
Raleigh, North
Carolina 27697.
History Note: Authority G.S. 20‑1; 20‑3;
20-39(b);
Eff. July 1, 1978;
Amended Eff. November 1, 1991; February 1, 1982.
19A NCAC 03G .0602 INFORMATION
History Note: Authority G.S. 20‑1; 20‑3;
Eff. July 1, 1978;
Repealed Eff. February 1, 1982.
SECTION .0700 ‑ BASIC DRIVER EDUCATION COURSE
19A NCAC 03G .0701 DRIVER EDUCATION COURSE
19A NCAC 03G .0702 INFORMATION
History Note: Authority G.S. 20‑1; 20‑3;
Eff. July 1, 1978;
Repealed Eff. February 1, 1982.
SECTION .0800 ‑ SAFETY PROGRAMS
19A NCAC 03G .0801 SAFETY PROGRAM INFORMATION
19A NCAC 03G .0802 TRAFFIC SAFETY FILMS
19A NCAC 03G .0803 SAFETY LITERATURE
History Note: Authority G.S. 20‑1; 20‑3;
Eff. July 1, 1978;
Repealed Eff. February 1, 1982.
SECTION .0900 ‑ FORMS
19A NCAC 03G .0901 TRAFFIC SAFETY EDUCATION FORMS
19A NCAC 03G .0902 FORM AVAILABILITY
History Note: Authority G.S. 20‑1;
Eff. July 1, 1978;
Repealed Eff. February 1, 1982.
