WSR 14-15-087 PROPOSED RULES SUPERINTENDENT OF PUBLIC INSTRUCTION [Filed July 17, 2014, 4:13 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-10-074.
Title of Rule and Other Identifying Information: Chapter 392-143 WAC, Transportation—Specifications for school buses.
Hearing Location(s): Office of Superintendent of Public Instruction (OSPI), Wanamaker Conference Room, 600 South Washington Street, Olympia, WA 98504-7200, on August 26, 2014, at 3:30 p.m.
Date of Intended Adoption: August 27, 2014.
Submit Written Comments to: Allan J. Jones, P.O. Box 74200, Olympia, WA 98504-7200, e-mail allan.jones@k12.wa.us, fax (360) 586-6124, by August 18, 2014.
Assistance for Persons with Disabilities: Contact Wanda Griffin by August 24, 2014, TTY (360) 664-3631 or (360) 725-6132.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposed change would allow school district[s] to purchase and operate a multifunction school activity bus (MFSAB) for the nonhome-to-school transportation of students.
Reasons Supporting Proposal: This proposed change would allow districts to purchase an MFSAB. This vehicle would allow a non-CDL driver to transport up to fourteen passengers, instead of the current nine passengers. Safety is not reduced as these vehicles will meet school bus construction standards and will be required to have lap-shoulder belts. This change will provide additional flexibility for districts while reducing costs. These vehicles are not included in the school bus depreciation system.
Statutory Authority for Adoption: RCW 46.61.380.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: OSPI, governmental.
Name of Agency Personnel Responsible for Drafting: Allan J. Jones, OSPI, (360) 725-6122; Implementation: Catherine Slagle, OSPI, (360) 725-6136; and Enforcement: JoLynn Berge, OSPI, (360) 725-6301.
A cost-benefit analysis is not required under RCW 34.05.328.
July 17, 2014
Randy Dorn
State Superintendent
of Public Instruction
AMENDATORY SECTION (Amending WSR 12-01-075, filed 12/19/11, effective 1/19/12)
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 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 a school district, which is required prior to the use of any school bus for the transportation of 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.
(5) "Inspection officer" means an employee of the Washington state patrol designated by the chief of the Washington state patrol to inspect school buses.
(6) "SPI Form 1028" means that form 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.
(7) "SPI Form 1029" means that form 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 undergone rehabilitation or modification.
(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.
(9) "MFSAB" means a multifunction school activity bus as defined by the National Highway Traffic Safety Administration.
AMENDATORY SECTION (Amending WSR 12-01-075, filed 12/19/11, effective 1/19/12)
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.
An exception to the above is that a MFSAB with a seating capacity of less than sixteen passengers, including the driver, may be used to transport students and is required to have Washington state patrol inspections, initial and annual, for the appropriate class vehicle. An MFSAB shall not be used in home-to-school transportation where any stop configuration would require the use of alternately flashing school bus warning lights if the vehicle were a school bus. An MFSAB shall be equipped with a lap-shoulder belt or other nonlap belt system in all seating positions and shall not be painted school bus yellow.
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.
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