WSR 04-05-055

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed February 13, 2004, 11:55 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-03-034.

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

     Purpose: Proposed revisions will require all Washington state public school buses to meet all federal motor vehicle safety standards applicable to school buses effective April 1, 1977. The effective date will be December 31, 2004. Technical corrections have been made deleting items that will be referenced in the specifications manual. Also a clear definition regarding the use of nonconforming vans has been added.

     Statutory Authority for Adoption: RCW 46.61.380.

     Statute Being Implemented: RCW 46.61.380.

     Summary: See Purpose above.

     Reasons Supporting Proposal: See Purpose above.

     Name of Agency Personnel Responsible for Drafting: Charlie Schreck, Office of Superintendent of Public Instruction, (360) 725-6136; Implementation: Marcia Riggers, Office of Superintendent of Public Instruction, (360) 725-6175; and Enforcement: Allan J. Jones, Office of Superintendent of Public Instruction, (360) 725-6120.

     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: These changes will require all Washington state public school buses to meet all federal motor vehicle safety standards applicable to school buses effective April 1, 1977. The effective date will be December 31, 2004.

     Technical corrections have been made deleting items which shall be moved to the specifications manual.

     A clear definition regarding the use of nonconforming vans has been added.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

     RCW 34.05.328 does not apply to this rule adoption. Not applicable.

     Hearing Location: Old Capitol Building, P.O. Box 47200, Brouillet Conference Room, Olympia, WA 98504-7200, on March 30, 2004, at 10:00 a.m.

     Assistance for Persons with Disabilities: Contact Ben Gravely by March 20, 2004, TDD (360) 664-3631 or (360) 725-6142.

     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 March 29, 2004.

     Date of Intended Adoption: March 31, 2004.

February 12, 2004

Dr. Terry Bergeson

Superintendent of

Public Instruction

OTS-6903.3


AMENDATORY SECTION(Amending WSR 01-17-006, filed 8/1/01, effective 9/1/01)

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:)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise:

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

     (3) "School bus operation permit" means that form issued by the superintendent of public instruction to an individual 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.

     (4) "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) "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) "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.

[Statutory Authority: RCW 46.61.380. 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 Order 84-39, filed 10/2/84)

WAC 392-143-015   School bus specifications manual.   The ((superintendent of public instruction shall publish and distribute to each school district a school bus specification manual which shall be referred to as School Bus Specifications. Such)) 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. ((Such)) The 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.

[Statutory Authority: RCW 46.61.380. 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 Order 22, filed 11/19/91, effective 11/19/91)

WAC 392-143-030   School buses -- Permit and license.   ((All school buses, as a condition for use to transport students, shall have a school bus operation permit issued in accordance with WAC 392-143-032.)) If ((the)) a school bus is approved in compliance with WAC 392-143-031 and the school district has met requirements of WAC 392-143-032, the superintendent of public instruction shall send three copies of the school bus operation permit to the appropriate school district. The original shall be retained by the school district; one copy shall be placed in the permit holder in the school bus; and one 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 accompanies the application for a license.

[Statutory Authority: RCW 46.61.380. 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 Order 22, filed 11/19/91, effective 11/19/91)

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. ((This inspection must be recorded by the inspecting officer on SPI Form 1029, Initial School Bus Inspection, for new buses, used buses not previously inspected by the Washington state patrol, and buses which have been repowered or which have undergone rehabilitation or modification repair, or recorded by the inspecting officer on SPI Form 1028, Routine School Bus Inspection, for used buses previously inspected by the Washington state patrol.)) 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. 91-23-069 (Order 22), § 392-143-031, filed 11/19/91, effective 11/19/91.]


AMENDATORY SECTION(Amending Order 22, filed 11/19/91, effective 11/19/91)

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

     (1) ((A school bus operation permit)) School buses owned or operated by 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 ((licensed)) issued a school bus operation permit in Washington state:

     (a) Original SPI Form 1020, 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 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 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((/Disposition)) Report, from the school district acquiring the school bus;

     (b) Original SPI Form 1020B, School Bus ((Acquisition/))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.

[Statutory Authority: RCW 46.61.380. 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 392-143-050   Resold school buses.   A school district which sells a school bus to anyone other than another school district shall be responsible for removing the school district's name and number and all lettering and markings identifying the vehicle as a school bus prior to its delivery to the purchaser. However, if the district sells the school bus to a private party who certifies in writing that the school bus shall be used as a private carrier bus, the district need not remove the ((emergency lights)) four or eight light warning system and stop signal ((paddle)) arm.

[Statutory Authority: RCW 46.61.380. 84-20-081 (Order 84-39), § 392-143-050, filed 10/2/84; 83-21-025 (Order 83-13), § 392-143-050, filed 10/10/83; Order 7-75, § 392-143-050, filed 12/22/75. Formerly WAC 392-21-150.]


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

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. 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 02-20-031, filed 9/23/02, effective 10/24/02)

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 ((Washington state minimum)) 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). ((In addition, the district name may be placed on the front and/or back of the bus below the window line in letters no larger than three inches in height and equipment identification numbers may be placed on the front and/or rear of school bus and/or on or near one or more of the four corners of the bus.))

     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 ((Washington state minimum)) school bus specifications manual ((for school buses addressing "emergency equipment cabinet" and "permit holder" and FMVSS 217 addressing "emergency exit identification." In addition, WAC rules and/or district policy addressing student conduct and safety related issues may be displayed in the driver's compartment in an area which will not obstruct the driver's view)).

[Statutory Authority: RCW 46.61.380. 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 392-143-061 School bus hazard warning lamps and stop lamps.
WAC 392-143-065 School bus tires.

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