702 KAR 5:060. Buses; specifications and purchases

Link to law: http://www.lrc.ky.gov/kar/702/005/060.htm
Published: 2015

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      702 KAR 5:060.

Buses; specifications and purchases.

 

      RELATES TO: KRS

156.031, 156.152, 156.153, 156.154, 156.160

      STATUTORY

AUTHORITY: KRS 156.070, 156.160

      NECESSITY,

FUNCTION, AND CONFORMITY: KRS 156.031 requires that administrative regulations

relating to statutes amended by the 1990 Kentucky Education Reform Act be

reviewed, amended if necessary, and resubmitted to the Legislative Research

Commission prior to December 30, 1990; KRS 156.152 to 156.154 set forth methods

and procedures for cooperative, centralized purchasing of school buses by local

boards of education through contracts established through the Department of

Education and the Finance Cabinet; and KRS 156.160 requires the State Board for

Elementary and Secondary Education to adopt administrative regulations

pertaining to the safety and transportation of school children. This

administrative regulation implements that system and establishes procedures for

the cooperative purchase of school buses by Kentucky's school districts, and it

further prescribes vehicles designed for more than ten (10) passengers which

can be used to transport school children.

 

      Section 1. The

chief state school officer through his Division of Pupil Transportation,

Department of Education, shall prepare Kentucky minimum specifications for

school buses for approval by the State Board for Elementary and Secondary

Education and shall keep said specifications up-to-date by revision whenever

experience, model changes, manufacturing techniques, and product improvement

indicate that revision and updating is necessary.

 

      Section 2. The

State Board for Elementary and Secondary Education shall approve appropriate

Kentucky Minimum Specifications for School Buses, Revised, as a separate

document and as warranted. Copies of this document containing the detailed

specifications for the separate parts of new school buses and the

specifications that pertain to used school buses shall be kept on file in the

Division of Pupil Transportation, Department of Education. This document shall

be made available in reasonable numbers to those persons or firms that have

need for same.

 

      Section 3. All

manufacturers, their agents or representatives that propose to sell new school

bus chassis, school bus bodies, and complete school buses to be used in the

Commonwealth of Kentucky for the transportation of pupils to and from school

and for related uses shall file detailed specifications, test results,

certifications, and advertising brochures on these chassis, bodies, and

complete buses with the Division of Pupil Transportation, Department of

Education, Frankfort, Kentucky. These shall be filed at least annually at a

time and in the manner prescribed. The manufacturers, their agents or

representatives shall keep these files up-to-date following model changes or

modifications made between filing dates.

 

      Section 4. Any

new school bus chassis, new school bus body, or complete new school bus

purchased by any district board of education, individual, company or

corporation for use in transporting pupils to and from school and for related

purposes shall meet the Kentucky Minimum Specifications for School Buses;

Revised, that were in effect on the date of manufacture. Any such bus or

component part shall not be used for the above stated purposes until it shall

have been approved by the Division of Pupil Transportation as meeting these

requirements.

 

      Section 5. Any

used school bus chassis, used school bus body, or complete used school bus

purchased by any district board of education, individual, company or

corporation for use in transporting pupils to and from school and for related

uses shall not be used for such purposes until it shall have been approved by

the Division of Pupil Transportation as meeting the Kentucky Minimum

Specifications for School Buses in effect on the date of its original purchase,

and as meeting the used school bus mandatory safety equipment requirements in

effect on the date the bus or component part was purchased in used condition.

 

      Section 6. (1)

No vehicle which was designed by the manufacturer to carry more than ten (10)

passengers in addition to the driver shall be used to transport children to or

from school or events related to such schools that does not meet Kentucky

Minimum Specifications for School Buses; Revised, that were in effect on the

date of manufacture, or does not meet Federal Motor Vehicle Safety Standards

applicable to manufacturers of school buses, except as provided in subsection

(2) of this section.

      (2) School

districts may, in their reasonable discretion and with due regard to the safety

and required supervision of the school children to be transported, utilize

appropriately certificated common carriers, in regular or charter service, to

transport school children to or from school-related events, as long as the

vehicles so utilized are not significantly used as school buses. Such use of

common carrier service, in lieu of qualifying school buses, shall be on a

case-by-case basis, and the reasons believed by the board to justify such use

shall be cited in the board minutes. (SBE 24.225; 1 Ky.R. 1052; eff. 6-11-75;

Am. 9 Ky.R. 1309; eff. 7-6-83; 12 Ky.R. 1634; eff. 5-6-86; 17 Ky.R. 436; eff.

10-14-90.)