702 KAR 5:130.
Vehicles designed to carry nine (9) passengers or less, standards for.
RELATES TO: KRS
156.153(3), 156.160, 189.540
STATUTORY AUTHORITY:
KRS 156.070, 156.160, 189.540
NECESSITY, FUNCTION,
AND CONFORMITY: KRS 156.160 requires the Kentucky Board of Education to
promulgate administrative regulations relating to the transportation of
children to and from school and those deemed necessary or advisable for the
protection of the physical welfare and safety of public school children. KRS
189.540 requires the Kentucky Board of Education to promulgate an
administrative regulation to govern the operation of district-owned passenger
vehicles designed to carry nine (9) passengers or less, including the driver,
and used for approved school activities under KRS 156.153(3). This administrative
regulation establishes the requirements relative to the transportation of
pupils by local school districts in vehicles designed to carry nine (9)
passengers or less and which are not classified as school buses.
Section 1.
Definition. "Vehicle" means a vehicle owned by a school board or
contracted to the board which is significantly used to transport pupils to and
from school and which is designed by the manufacturer to carry fewer than ten
(10) passengers.
Section 2. (1) A
vehicle may be used for the transportation of pupils:
(a) From areas not
accessible by a regular school bus to the nearest road available for the safe
transfer of pupils to a regular school bus or vice versa;
(b) For emergency
transportation of students;
(c) For approved
school activities; or
(d) For qualified
special needs pupils.
(2) A vehicle driver
shall be a school district employee or a person contracted by the district.
Section 3. A vehicle
shall not be used to carry more pupils than the manufacturer's designed
passenger capacity for that particular vehicle.
Section 4. A vehicle
shall have occupant restraint systems equal in number to the manufacturer's
designed passenger capacity and installed in accordance with the original equipment
manufacturer's specifications.
Section 5. Liability
or indemnity insurance shall be purchased for each vehicle. The coverage limits
shall be at least these amounts:
Bodily injury/Property
Damage
$1,000,000 per
occurrence combined or
$250,000/$1,000,000
split
Uninsured/Underinsured
Motorist Coverage
$500,000
"No-Fault"
Coverage
$20,000
per passenger
Section 6. Before a
vehicle is initially used to transport pupils, a safety inspection shall be
made on the vehicle by an approved school bus inspector to certify the vehicle
is in safe operating condition. If the vehicle is found to be in unsafe
operating condition, it shall not be used to transport pupils until necessary
repairs are made.
Section 7. A vehicle
shall be inspected at least once each month that the vehicle is used to
transport pupils, utilizing the same criteria for inspection as for school
buses on the "Preventive Management Inspection" Form as found in the
"Pupil Transportation Management Manual, April 1998".
Section 8. If being
used to transport pupils, a vehicle shall display a sign in clear view in the
rear of the vehicle stating: "This vehicle is being used to transport
school children."
Section 9. Incorporation
by Reference. (1) "Pupil Transportation Management Manual", April 1998,
is incorporated by reference.
(2) This material may be inspected,
copied, or obtained, subject to applicable copyright law, at the Office of
District Support Services, Department of Education, 15th Floor, Capitol Plaza
Tower, 500 Mero Street, Frankfort, Kentucky, Monday through Friday, 8 a.m. to
4:30 p.m. (11 Ky.R. 1551; Am. 1781; eff.
6-4-85; 17 Ky.R. 442; eff. 10-14-90; 23 Ky.R. 1431; 2471; eff. 12-5-96; 29
Ky.R. 1346; 1791; eff. 1-16-2003.)
