702 KAR 5:130. Vehicles designed to carry nine (9) passengers or less, standards for

Link to law: http://www.lrc.ky.gov/kar/702/005/130.htm
Published: 2015

      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.)
Read Entire Law on www.lrc.ky.gov