WSR 01-13-058

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed June 15, 2001, 4:25 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 01-10-105.

     Title of Rule: Chapter 392-143 WAC, Transportation -- Specifications for school buses.

     Purpose: To amend the definition of a small school bus vehicle type, as well as be consistent with the National School Transportation Specifications and Procedures Manual adopted in May 2000.

     Statutory Authority for Adoption: RCW 46.61.380.

     Statute Being Implemented: RCW 46.61.380.

     Summary: The definitions of school buses need to coincide with the definitions outlined in the 2000 national standards for school buses and update the school bus specifications.

     Reasons Supporting Proposal: 2000 national standards and the transportation industry have changed the definitions of the different types of school buses.

     Name of Agency Personnel Responsible for Drafting: Linda Harrison, Office of Superintendent of Public Instruction, (360) 753-2298; Implementation: Marcia Riggers, Office of Superintendent of Public Instruction, (360) 753-1142; and Enforcement: Sue Carnahan, Office of Superintendent of Public Instruction, (360) 753-0235.

     Name of Proponent: Office of Superintendent of Public Instruction, governmental.

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.

     Proposal Changes the Following Existing Rules: The changes realign the definition of the small school bus vehicle type which will make it easier to understand.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule will have no or very negligible economic impact.

     RCW 34.05.328 does not apply to this rule adoption.

     Hearing Location: Bryan Conference Room, Old Capitol Building, P.O. Box 47200, Olympia, WA 98504-7200, on July 25, 2001, at 9:00 a.m.

     Assistance for Persons with Disabilities: Contact Doug Gill, Director, by July 24, 2001, TTY (360) 664-3631.

     Submit Written Comments to: Legal Services, Office of Superintendent of Public Instruction, P.O. Box 47200, 600 South Washington Street, Olympia, WA 98504-7200, fax (360) 753-4201, by July 24, 2001.

     Date of Intended Adoption: July 26, 2001.

June 14, 2001

Dr. Terry Bergeson

Superintendent of

Public Instruction

OTS-4859.1


AMENDATORY SECTION(Amending Order 96-11, filed 7/25/96, effective 8/25/96)

WAC 392-143-010   Definitions.   As used in this chapter and subject to the "school bus specifications," as now or hereafter established by the superintendent of public instruction, the term:

     (1) "School bus" shall mean 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) A Type "A" school bus shall mean a conversion or body constructed upon a van-type or cutaway front-section vehicle with a left side driver's door designed for carrying more than ten persons. This definition shall include: Type ((A-I, with a gross vehicle weight rating over 10,000 pounds; and Type A-II, with a gross vehicle weight rating of 10,000 pounds and under)) A-1, with a gross vehicle weight rating of 10,000 pounds and under; and Type A-2 with a gross vehicle weight rating over 10,000 pounds.

     (3) A Type "B" school bus shall mean a conversion or body constructed and installed upon a van or front-section vehicle chassis, or stripped chassis, with a gross vehicle weight rating of more than 10,000 pounds, designed for carrying more than ten persons. Part of the engine is beneath and/or behind the windshield and beside the driver's seat, and the entrance door is behind the front wheels.

     (4) A Type "C" school bus shall mean a body installed upon a flat back cowl chassis with a gross vehicle weight rating of more than 10,000 pounds, designed for carrying more than ten persons. All of the engine is in front of the windshield and the entrance door is behind the front wheels. A Type "C" school bus shall also mean a body installed on a stripped chassis with a vehicle weight rating of more than 10,000 pounds, designed for carrying 35/36 passengers or more, and where part of the engine is beneath and/or behind the windshield and beside the driver's seat and the entrance door is behind the front wheels.

     (5) A Type "D" school bus shall mean a body installed upon a chassis, with the engine mounted in the front, midship, or rear, with a gross vehicle weight rating of more than 10,000 pounds, designed for carrying more than ten persons. The engine may be behind the windshield and beside the driver's seat, at the rear of the bus behind the rear wheels, or midship between the front and rear axles. The entrance door is ahead of the front wheels.

     (6) A school bus designed to transport students with special needs shall mean any Type A, B, C, or D school bus as defined in this section which has been modified to transport students with special needs.

[Statutory Authority: RCW 46.61.380. 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.]

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