WSR 12-01-075

PERMANENT RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed December 19, 2011, 1:31 p.m. , effective January 19, 2012 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: The weight slip and a copy of the warrant are no longer required to be provided to the office of superintendent of public instruction (OSPI) prior to issuance of an operation permits [permit]. These amendments will be a cost-savings benefit to all school district[s], educational service districts, and OSPI.

School districts will provide a copy of the initial school bus inspection to the licensing office for issuance of an exempt plate, instead of the current requirement for a copy of the school bus operation permit.

Other changes were made to allow the flexibility of migrating to electronic submission of acquisition paperwork.

Citation of Existing Rules Affected by this Order: Repealing WAC 392-143-005 and 392-143-025; and amending WAC 392-143-001, 392-143-010, 392-143-015, 392-143-030, 392-143-031, 392-143-032, 392-143-035, 392-143-040, 392-143-060, 392-143-070, and 392-143-080.

Statutory Authority for Adoption: RCW 46.61.380.

Adopted under notice filed as WSR 11-21-044 on October 12, 2011.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 11, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 11, Repealed 2.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 11, Repealed 2; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: December 9, 2011.

Randy Dorn

State Superintendent

of Public Instruction

OTS-4345.2


AMENDATORY SECTION(Amending Order 84-39, filed 10/2/84)

WAC 392-143-001   Authority and purpose.   The authority for this chapter is RCW 46.61.380 which authorizes the superintendent of public instruction to adopt and enforce regulations to govern the design, marking, and mode of operation of all school buses transporting ((common)) public school students. The purpose of this chapter is to establish the specifications governing the design and marking of all school buses owned and operated by any school district and all school buses which are privately owned and operated under contract with any school district for the transportation of students. The provisions of this chapter shall be incorporated by express reference into all school district contracts for the transportation of public school students in privately owned and operated school buses.

[Statutory Authority: RCW 46.61.380. 84-20-081 (Order 84-39), 392-143-001, filed 10/2/84; 83-21-025 (Order 83-13), 392-143-001, filed 10/10/83.]


AMENDATORY SECTION(Amending WSR 04-08-117, filed 4/6/04, effective 5/7/04)

WAC 392-143-010   Definitions.   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise:

(1) "School bus" means every vehicle with a seating capacity of more than ten persons including the driver regularly used to transport students to and from school or in connection with school activities.

(2) "School bus specifications manual" means that manual published ((and distributed to each school district)) by the superintendent of public instruction.

(3) "School district" means either a school district or an educational service district.

(4) "School bus operation permit" means that form issued by the superintendent of public instruction to ((an individual)) a school district ((or educational service district)), which is required prior to the use of any school bus for the transportation of ((any common school)) students. No school bus operation permit is valid for any school bus which does not meet the Federal Motor Vehicle Safety Standards implemented April 1, 1977.

(((4))) (5) "Inspection officer" means an employee of the Washington state patrol ((trained and)) designated by the chief of the Washington state patrol to inspect school buses.

(((5))) (6) "SPI Form 1028" means that form ((prepared and)) distributed by the superintendent of public instruction upon which the inspection officer indicates that the school bus has been inspected and approved, for used buses previously inspected by the Washington state patrol.

(((6))) (7) "SPI Form 1029" means that form ((prepared and)) distributed by the superintendent of public instruction upon which the inspection officer indicates that the school bus has been inspected and approved upon initial purchase, used buses not previously inspected by the Washington state patrol, and buses which have ((been repowered or which have)) undergone rehabilitation or modification ((repair)).

(8) "Major repairs" means repairs to or rebuilding of the frame, steering, suspension, or braking systems. Major repairs to braking systems does not include routine maintenance such as replacing brake shoes, pads or drums.

[Statutory Authority: RCW 46.61.380. 04-08-117, 392-143-010, filed 4/6/04, effective 5/7/04; 01-17-006, 392-143-010, filed 8/1/01, effective 9/1/01; 96-16-012 (Order 96-11), 392-143-010, filed 7/25/96, effective 8/25/96; 84-20-081 (Order 84-39), 392-143-010, filed 10/2/84; 83-21-025 (Order 83-13), 392-143-010, filed 10/10/83; 79-12-005 (Order 9-79), 392-143-010, filed 11/9/79; Order 8-77, 392-143-010, filed 10/11/77, effective 11/11/77; Order 19-76, 392-143-010, filed 12/31/76; Order 7-75, 392-143-010, filed 12/22/75. Formerly WAC 392-21-110.]


AMENDATORY SECTION(Amending WSR 04-08-117, filed 4/6/04, effective 5/7/04)

WAC 392-143-015   School bus specifications manual.   ((The school bus specifications manual shall incorporate all specifications required by the federal department of transportation motor vehicle safety standards and govern the specifications for all school buses.)) The Washington state school bus specifications manual is hereby incorporated into this chapter by reference. Prior to any revision of the school bus specification manual, the superintendent of public instruction shall serve notice to interested parties and shall hold at least one public ((hearing)) meeting.

[Statutory Authority: RCW 46.61.380. 04-08-117, 392-143-015, filed 4/6/04, effective 5/7/04; 84-20-081 (Order 84-39), 392-143-015, filed 10/2/84; 83-21-025 (Order 83-13), 392-143-015, filed 10/10/83; Order 7-75, 392-143-015, filed 12/22/75.]


AMENDATORY SECTION(Amending WSR 04-08-117, filed 4/6/04, effective 5/7/04)

WAC 392-143-030   School buses -- School bus operating permit and license.   If a ((school bus is approved in compliance with WAC 392-143-031 and the)) school district has met requirements of WAC 392-143-032 for a newly acquired school bus, the superintendent of public instruction shall send ((three copies of the)) a school bus operation permit to the appropriate school district. ((The original)) A copy of the operation permit shall be retained by the school district; ((one)) a copy shall be placed in the permit holder in the school bus; and ((one)) a copy shall be presented to the county auditor, along with the operator's application for an exempt state license for the bus if applicable. County auditors shall not issue an exempt license for the bus unless a school bus operation permit and a copy of SPI Form 1029 indicating the school bus has been inspected and approved by the Washington state patrol accompanies the application for a license.

[Statutory Authority: RCW 46.61.380. 04-08-117, 392-143-030, filed 4/6/04, effective 5/7/04; 91-23-069 (Order 22), 392-143-030, filed 11/19/91, effective 11/19/91; 84-20-081 (Order 84-39), 392-143-030, filed 10/2/84; 84-03-001 (Order 84-1), 392-143-030, filed 1/5/84; 83-21-025 (Order 83-13), 392-143-030, filed 10/10/83; Order 7-75, 392-143-030, filed 12/22/75. Formerly WAC 392-21-115.]


AMENDATORY SECTION(Amending WSR 04-08-117, filed 4/6/04, effective 5/7/04)

WAC 392-143-031   School bus inspection -- School bus operation permit.   All school buses must be inspected and approved by a Washington state patrol inspection officer prior to initial issue or reissue of a school bus operation permit. ((Effective December 31, 2004, no school bus operation permit shall be valid for any school bus which does not meet Federal Motor Vehicle Safety Standards adopted April 1, 1977.))

[Statutory Authority: RCW 46.61.380. 04-08-117, 392-143-031, filed 4/6/04, effective 5/7/04; 91-23-069 (Order 22), 392-143-031, filed 11/19/91, effective 11/19/91.]


AMENDATORY SECTION(Amending WSR 04-08-117, filed 4/6/04, effective 5/7/04)

WAC 392-143-032   School bus operation permit.   The superintendent of public instruction shall issue school bus operation permits as follows:

(1) School buses owned or operated by a ((public)) school district or owned by a private contractor under contract to a school district shall be issued a school bus operation permit on receipt of the following ((properly executed)) electronic files or documents for each new school bus or used school bus not previously issued a school bus operation permit in Washington state:

(a) ((Original)) SPI Form 1020A, School Bus Acquisition((/Disposition)) Report((;

(b) Copy of the sellers invoice or bill of sale;

(c) Copy of complete set of the successful vendor's bid specifications;

(d) Copy of each warrant issued in full payment of the bus or each warrant issued in part payment of the bus, if any, and, copy of the conditional sales contract, lease purchase agreement, or other evidence of contractural liability;

(e) Original weight slip for the vehicle)); and

(((f) Original)) (b) SPI Form 1029, Initial School Bus Inspection.

(2) ((School buses owned by a private contractor and operated under contract to a public school shall be issued a school bus operation permit on receipt of the following properly executed documents for each new school bus or used school bus not previously issued a school bus operation permit in Washington state:

(a) Original SPI Form 1020A, School Bus Acquisition Report;

(b) Original weight slip for the vehicle; and

(c) Original SPI Form 1029, Initial School Bus Inspection.

(3))) A school bus operation permit shall be reissued on receipt of the following ((properly executed)) electronic files or documents for school buses previously licensed in Washington state((: Provided, That no school bus operation permit shall be reissued to any school bus which does not meet Federal Motor Vehicle Safety Standards adopted April 1, 1977)):

(a) ((Original)) SPI Form 1020A, School Bus Acquisition Report, from the school district acquiring the school bus; and

(b) ((Original SPI Form 1020B, School Bus Disposition Report, from the school district disposing of the school bus, with existing school bus operating permit attached;

(c) Copy of SPI Form 1028, Routine School Bus Inspection, properly authenticated as the inspection report from the most recent annual one hundred percent fleet inspection, which inspection was made within twelve months prior to the date of acquisition;

(d) For school district owned or operated buses, a seller invoice or bill of sale; and

(e) A copy of the warrant issued in payment of the purchase of the bus)) SPI Form 1029, Initial School Bus Inspection, if the most recent school bus inspection was more than twelve months prior to the date of acquisition.

[Statutory Authority: RCW 46.61.380. 04-08-117, 392-143-032, filed 4/6/04, effective 5/7/04; 91-23-069 (Order 22), 392-143-032, filed 11/19/91, effective 11/19/91.]


AMENDATORY SECTION(Amending Order 84-39, filed 10/2/84)

WAC 392-143-035   Routine inspection of school buses.   All school buses shall be inspected annually by the Washington state patrol. Inspection dates ((and centers)) shall be determined by ((the superintendent of public instruction and)) the chief of the state patrol. School districts shall be notified by the chief of the state patrol prior to each annual inspection of the time and place of inspection. School buses not presented for inspection at the time and place scheduled by the chief of the state patrol shall not be operated as a school bus unless the requirement is temporarily waived in writing by the chief of the state patrol or until the school bus has passed a required inspection. A second inspection of at least twenty-five percent of each school district's fleet shall be conducted annually by the Washington state patrol. This second inspection shall be unannounced and the inspection team shall select which buses in the fleet it will inspect. These unannounced inspections shall be scheduled so that they do not disrupt the regular transportation program.

[Statutory Authority: RCW 46.61.380. 84-20-081 (Order 84-39), 392-143-035, filed 10/2/84; 83-21-025 (Order 83-13), 392-143-035, filed 10/10/83; 81-19-011 (Order 81-24), 392-143-035, filed 9/4/81; Order 7-75, 392-143-035, filed 12/22/75. Formerly WAC 392-21-120.]


AMENDATORY SECTION(Amending Order 84-39, filed 10/2/84)

WAC 392-143-040   Other required inspections of school buses.   All school buses which have been rebuilt, have received a major modification, have received a major repair, or have received an interior renovation or refurbishment shall be inspected prior to transporting students in accordance with the following criteria:

(1) A rebuilt school bus: For the purpose of this section, a rebuilt school bus shall fully comply with all current Washington specifications at the time the school bus is rebuilt ((and shall be inspected in accordance with WAC 392-143-030)).

(2) A school bus receiving a major modification((: For the purpose of this section, school bus modifications)) (e.g., hydraulic lift and/or ramp for wheelchairs) shall meet all current state of Washington specifications at the time the major modification is made ((and shall be inspected in accordance with WAC 392-143-030)).

(3) A school bus receiving a major repair (((not routine maintenance): For the purpose of this section, a school bus that has received repairs to or rebuilding of the frame, steering, suspension, or braking systems or has been repowered shall be identified as needing inspection. Any repairs made)) shall meet or exceed Washington specifications in effect at the time of the original manufacturing date of the bus and shall be inspected in the same manner as a new school bus with emphasis on mechanical safety items.

(4) A school bus receiving an interior renovation or refurbishment (((not routine seat repair): For the purpose of this section, a school bus that has received an interior renovation or refurbishment shall be identified as needing inspection. Renovation or refurbishment of interiors shall meet the Federal Motor Vehicle Safety Standard (FMVSS) 222 and)) shall be inspected in the same manner as a new school bus with respect to ((FMVSS)) Federal Motor Vehicle Safety Standard 222.

[Statutory Authority: RCW 46.61.380. 84-20-081 (Order 84-39), 392-143-040, filed 10/2/84; 83-21-025 (Order 83-13), 392-143-040, filed 10/10/83; Order 8-77, 392-143-040, filed 10/11/77, effective 11/11/77; Order 7-75, 392-143-040, filed 12/22/75. Formerly WAC 392-21-125.]


AMENDATORY SECTION(Amending Order 84-39, filed 10/2/84)

WAC 392-143-060   School bus specifications continued compliance.   School districts shall maintain all school buses in such condition that they shall continue to meet or exceed Washington state specifications in effect when the bus was manufactured, except as such standards or specifications are subsequently repealed or ((reduced)) modified.

[Statutory Authority: RCW 46.61.380. 84-20-081 (Order 84-39), 392-143-060, filed 10/2/84; 83-21-025 (Order 83-13), 392-143-060, filed 10/10/83; Order 8-77, 392-143-060, filed 10/11/77, effective 11/11/77.]


AMENDATORY SECTION(Amending WSR 04-08-117, filed 4/6/04, effective 5/7/04)

WAC 392-143-070   Other vehicles used to transport students.   All vehicles with a seating capacity including the driver of ten persons or less shall not be required to meet school bus specifications. Such vehicles regularly used to transport students to and from school or in connection with school activities shall carry the approved school bus first-aid kit, fire extinguisher, and highway warning kit. These vehicles also shall pass a safety inspection routinely conducted at the intervals outlined in WAC 392-143-035.

((Students, while being transported in any vehicle not required to meet school bus specifications but used for to and from school transportation and to and from school activities transportation, shall share the same compartment and shall be provided the same general safety and comfort as the driver.))

All vehicles used to transport students with a manufacturer rated seating capacity including the driver greater than ten persons shall be required to meet school bus specifications.

[Statutory Authority: RCW 46.61.380. 04-08-117, 392-143-070, filed 4/6/04, effective 5/7/04; 84-20-081 (Order 84-39), 392-143-070, filed 10/2/84; 84-03-001 (Order 84-1), 392-143-070, filed 1/5/84; 83-21-025 (Order 83-13), 392-143-070, filed 10/10/83; 79-12-005 (Order 9-79), 392-143-070, filed 11/9/79; Order 8-77, 392-143-070, filed 10/11/77, effective 11/11/77.]


AMENDATORY SECTION(Amending WSR 04-08-117, filed 4/6/04, effective 5/7/04)

WAC 392-143-080   Signs and markings for school buses -- Exterior -- Interior.   Signs and markings on the exterior of any school bus shall be limited to ((the requirements of RCW 46.61.380,)) the requirements of the school bus specifications manual ((for school buses addressing "identification" and "color," the minimum requirements of "Highway Safety Program Standard No. 17," and any applicable Federal Motor Vehicle Safety Standard (FMVSS))).

Signs and markings on the interior of any bus shall be limited to necessary and/or required manufacturers' equipment and/or component identification and instruction, and the requirements of the school bus specifications manual.

[Statutory Authority: RCW 46.61.380. 04-08-117, 392-143-080, filed 4/6/04, effective 5/7/04; 02-20-031, 392-143-080, filed 9/23/02, effective 10/24/02; 91-23-069 (Order 22), 392-143-080, filed 11/19/91, effective 11/19/91.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 392-143-005 Purpose.
WAC 392-143-025 Additional local specifications.

Washington State Code Reviser's Office