State Board of Education Administrative Rule Summary s7

STATE BOARD OF EDUCATION – ADMINISTRATIVE RULE SUMMARY

Title/OAR #: Retrofit Standards for School Buses Date: June 23, 2011

581-053-0516

Staff/Office:

New Rule Amend Existing Rule Repeal Rule

Hearing Date: _____May 25, 2011______Hearings Officer Report Attached

Prompted by: State law changes Federal law changes Other

Action Requested:

First Reading/Second Reading Adoption Adoption/Consent Agenda

PROPOSED/AMENDED RULE SUMMARY: Creates separate minimum standards that apply to all buses regardless of purchase or manafucture date.

BACKGROUND: Currently retrofit standards are part of OAR 581-053-0512 “Minimum Standards for School Bus Chassis” and OAR 581-053-0517 Minimum Standards for School Bus Bodies.” In order to make our rules more understandable, both of these OARs have been combined. Removing the retrofit standards out of the minimum standards for new school buses into their own rule, will further clarify the Department’s intent in rule.

ISSUES/CONCERNS THAT SURFACED DURING RULE WORK: The specivic items that are in this section are:

· Body fluid kits: When ODE added body fluid kits to the minimum standards in 1993 for buses purchased after that date. In other rules it is required of all vehicles regardless of purchase date. This brings it in line.

· Emergency Door and Exit labeling: Prior rules were written in a way that indicated labeling was optional, however, it is required by 49 CFR 581.217. This language will ensure that all buses stay in conformance with Federal Regulations.

· Fog Lights: The minimum standards have always called for lights to be installed as required by Oregon Motor Vehicle Code. The ORS for fog lights states that “fog lights shall be mounted, aimed and adjusted in accordance with standards adopted by the Department of Transportation.” ODOT adopted a rule in 1997 to address the issue. This retro-fit ensures that buses stay in conformance with Oregon Motor Vehicle Code.

· Identification: In 2005, ODE added a requirement for all districts to have their name on the side of the bus. This includes buses owned by a contractor.

· Stop Arm: In 1993, the law was changed to require stop arms on all school buses.

· Wheelchair Restraint System: In 1993, Federal Regulations changed to no longer allow side facing wheelchair positions on school buses. At the time, ODE required school districts to update their configuration because of the safety benefits.

CHANGED SINCE LAST BOARD MEETING? (so members can focus on what’s different)

N/A; first read—hasn’t been before board

No; same as last month

Yes – As follows:

FISCAL IMPACT: None. This rule simply seperates retrofit requirements out from the minimum standards to make language clearer. All retrofits in this rule have either already been adopted by the state board or are standards that were in place at the time the bus was brought into the state that required clarification.

STAFF RECOMMENDATION:

Adopt administrative rule as prepared this month

Adopt administrative rule next month

No recommendation at this time (rarely used)

Created by T.J. 03/01/11

581-053-0516

Retrofit Standards for School Buses

In addition to meeting the minimum standards in effect at the time of purchase, all school buses in use by a pupil transportation entity shall meet the following additional requirements:

(1) Body Fluid Kits: All school buses shall have body fluid kits that meet the requirements in OAR 581-053-0512

(2) Emergency Door and Exit Labeling:

(a) All emergency doors shall have the designation “Emergency Door” in letters at least six inches high, of a color that contrasts with its background. The designation shall be located at the top of, or directly above, the emergency door on both the inside and outside surfaces of the bus;

(b) All emergency window exits (swing-out windows and rear push-out windows) shall have the designation “Emergency Exit” in letters at least six inches high, of a color that contrasts with its background. The designation shall be located at the top of, or directly above, or at the bottom of the emergency window exit on both the inside and outside surfaces of the bus.

(3) Fog Lights: Regardless of the age of the vehicle, if a front fog light system is installed after January 21, 1997, then the system shall meet the following requirements:

GeoEye(a) Fog lamps shall be mounted symmetrically around the front centerline of the bus, below the headlights not less than 12 inches no more than 30 inches above the ground;

(ii) Fog lamps shall be wired to a separate switch and shall only come on when the low beam head lights are on.

(iii) A steady burning indicator light shall be wired so it comes on when the fog lamps are turned on and mounted in a location readily visible to the driver

(d) Fog light systems installed on vehicles prior to January 21, 1997 are exempted from this regulation.

(4) Identification: The name of the school district, private school, or parochial school shall be placed on all school buses on both the left and right sides of the bus. The name shall appear in the area directly below the side windows and the letters and figures in the name shall not be less than four inches nor more than seven inches in height and of proportionate width.

(5) Stop Arm: All school buses shall have a stop arm that meets the requirements in OAR 581-053-0512 except that retroreflective material on the stop arm is not mandated on buses manufactured prior to October 21, 2011.

(6) Wheelchair Restraint Systems: All buses that are equipped to transport students in a wheel chair manufactured prior to September 3, 1993 shall be retrofitted to meet the following requirements:

(a) Each wheelchair location shall have not less than four wheelchair securement anchorages an shall be situated so that:

(A) A wheel chair can be secured in a forward-facing position; and

(B) The wheelchair can be secured by wheelchair securement device at two locations in the front and two locations in the rear.

(b) Each wheelchair location shall have:

(A) Not less than one anchorage for the upper end of the upper torso restraint; and

(B) Not less than two floor anchorages for wheelchair occupant pelvic and upper torso restraint.

(d) All components must conform to 49 CFR 571.222 School bus passenger seating and crash protection published in volume 58 of the Federal Register, September 3, 1993.

BEFORE THE OREGON DEPARTMENT OF EDUCATION

RULE HEARING: OAR 581-053-0516 Retrofit Standards for School Buses

HEARING OFFICER’S REPORT

The Department held a public hearing on May 25, 2011, to receive public comment on the proposed new rule. Notice of hearing was published in a timely manner in the Secretary of State’s bulletin and was sent to interested parties and persons who requested notice pursuant to ORS 183.335 (7). The hearing was held at the Department’s offices in Salem, Oregon before Cindy Hunt, Hearing Officer.

No one testified and no one submitted written testimony at the hearing.

Respectfully submitted this 1st day of June, 2011

Cindy Hunt

Hearing Officer