TITLE 92 - NEBRASKA DEPARTMENT OF EDUCATION CHAPTER 92 - REGULATIONS GOVERNING THE MINIMUM EQUIPMENT STANDARDS AND SAFETY INSPECTION CRITERIA FOR PUPIL TRANSPORTATION VEHICLES Numerical Table of Contents Statutory Code Subject Authority Section General Information 79-318, 79-602 001 Definitions 79-318 002 Responsibility of Schools 79-318 003 Chassis and Body Delivery Requirements 79-318 004 School Bus and Activity Bus Body and Chassis 79-318 005 Minimum Equipment Standards Small Vehicle (General) Minimum Equipment 79-318 006 Standards Additional Required Equipment for Vehicles Used 79-318 007 With Mobile Seating Devices Safety Inspection Process for Pupil Transportation 79-602 008 Vehicles Minimum Safety Inspection Criteria for School and 79-602 009 Activity Buses Minimum Safety Inspection Criteria for Small 79-602 010 Vehicles Minimum Safety Inspection Criteria for Vehicles for Transporting Children in Mobile Seating Devices 79-602 011 i TITLE 92 - NEBRASKA DEPARTMENT OF EDUCATION CHAPTER 92 - REGULATIONS GOVERNING THE MINIMUM EQUIPMENT STANDARDS AND SAFETY INSPECTION CRITERIA FOR PUPIL TRANSPORTATION VEHICLES Alphabetical Table of Contents Statutory Code Subject Authority Section Additional Required Equipment for Vehicles Used 79-318 007 With Mobile Seating Devices Chassis and Body Delivery Requirements 79-318 004 Definitions 79-318 002 General Information 79-318, 79-602 001 Minimum Safety Inspection Criteria for School and 79-602 009 Activity Buses Minimum Safety Inspection Criteria for Small 79-602 010 Vehicles Minimum Safety Inspection Criteria for Vehicles for 79-602 011 Transporting Children in Mobile Seating Devices Responsibility of Schools 79-318 003 Safety Inspection Process for Pupil Transportation 79-602 008 Vehicles School Bus and Activity Bus Body and Chassis 79-318 005 Minimum Equipment Standards Small Vehicle (General) Minimum Equipment 79-318 006 Standards ii TITLE 92 - NEBRASKA DEPARTMENT OF EDUCATION CHAPTER 92 - REGULATIONS GOVERNING THE MINIMUM EQUIPMENT STANDARDS AND SAFETY INSPECTION CRITERIA FOR PUPIL TRANSPORTATION VEHICLES Alphabetical Minimum Equipment Standards and Safety Inspection Criteria Table of Contents School/Activity Bus Body and Chassis Minimum Equipment Standards Page Air Cleaner 5 Aisle 5 Axles 6 Back-up Warning Alarm 6 Body Sizes 6 Brakes 6 Bumpers, Front 8 Bumpers, Rear 9 Certification 9 Color 9 Communications 10 Construction 10 Defrosters 12 Doors 12 Drive Shaft 14 Electrical System 14 Emergency Equipment 18 Exhaust System 19 Fenders, Front Type C Vehicles 20 Floor, Covering 20 Frame 21 Fuel Tank 21 Fuel Alternative 22 Governor 24 Handrails 24 Heating and Air Conditioning System 24 Horn 27 Identification 27 Instruments and Instrument Panel 28 Insulation 29 Interior 29 Lamps and Signals 30 Metal Treatment 33 Mirrors 33 Mounting 34 Oil Filter 34 Openings 34 Passenger Load 34 Retarder System 34 iii TITLE 92 - NEBRASKA DEPARTMENT OF EDUCATION CHAPTER 92 - REGULATIONS GOVERNING THE MINIMUM EQUIPMENT STANDARDS AND SAFETY INSPECTION CRITERIA FOR PUPIL TRANSPORTATION VEHICLES School/Activity Bus Body and Chassis Minimum Equipment Standards Page Rub Rails 34 Seat Belts/Occupant Protection Systems 35 Seats and Restraining Barriers 35 Seat Barrier 37 Shock Absorbers 37 Springs and Suspension Systems 37 Steering Gear 37 Steps 37 Stirrup Steps 38 Stop Signal Arm 39 Storage Compartment 39 Sun Shield 39 Throttle 39 Tires and Rims 39 Tow Hooks 39 Traction Assisting Devices 40 Transmission 40 Trash Container 40 Turning Radius 41 Undercoating 41 Ventilation 41 Wheel Housings 41 Windows 42 Windshield Washers 42 Windshield Wipers 42 Small Vehicle General Minimum Equipment Standards 42 Additional Required Equipment for Vehicles Used with Mobile Seating Devices 44 Safety Inspection Process for Pupil Transportation Vehicles 51 Minimum Safety Inspection Criteria for School and Activity Buses 51 Minimum Safety Inspection Criteria for Small Vehicles 51 Minimum Safety Inspection Criteria for Vehicles for Transporting Children in Mobile Seating Devices 52 iv TITLE 92 - NEBRASKA DEPARTMENT OF EDUCATION CHAPTER 92 - REGULATIONS GOVERNING THE MINIMUM EQUIPMENT STANDARDS AND SAFETY INSPECTION CRITERIA FOR PUPIL TRANSPORTATION VEHICLES Table of Contents for Appendices Appendix Title Page A Description of National School Bus Yellow 54 B Contents of a First Aid Kit 55 C Contents of a Body Fluid Clean-up Kit 56 D School Bus Seat Upholstery Fire Block Test 57 E Noise Test Procedures 62 F Retro Reflective Sheeting 64 G Reference List 67 H Minimum Inspection Criteria for School Buses 69 I Mechanic’s Pupil Transportation Vehicle Inspection Report 87 J Wheelchair or Mobility and Envelope 89 v TITLE 92 CHAPTER 92 001 General Information 001.01 Statutory Authority. This Chapter is adopted pursuant to Sections 79- 318(12) and 79-602 of the Revised Statutes of Nebraska (R.R.S.). 001.02 Scope and Application. This Chapter presents: 001.02A The minimum equipment standards required on all vehicles utilized to transport public and nonpublic school students. The following regulations, when addressing subject matter regulated by the Federal Motor Vehicle Safety Standards, (FMVSS), 49 Code of Federal Regulations (CFR) 571.101 et seq., are identical to or additional requirements beyond what is addressed in the FMVSS. Should conflicts be found or arise between the following regulations and the FMVSS, as to the same aspect of performance of a motor vehicle or motor vehicle equipment, the FMVSS or any other applicable provision of federal law or regulation shall supersede these regulations; and 001.02B The safety inspection criteria required for all vehicles utilized to transport public and non-public school students. 001.03 Related Regulation. An additional regulation promulgated by the Nebraska Department of Education dealing with pupil transportation is Rule 91, Regulations Governing Driver Qualifications and Operational Procedures for Pupil Transportation Vehicles. 001.04 Penalty Provisions. Sections 79-603 and 79-607 of the Revised Statutes of Nebraska (R.R.S.) provide for Misdemeanor criminal penalties for violation of statutory requirements for inspections of pupil transportation vehicles, safety features, or traffic rules or regulations which relate to school bus transportation. 001.05 Effective date and Implementation Date. Regardless of the effective date of this Chapter, the implementation (operative) date will be 180 days after its effective date. Prior to that date, the provisions of 92 NAC 92 effective July 7, 2015 shall remain in effect. School buses and activity buses manufactured on or after this Chapter’s implementation date shall meet or exceed the equipment standards in Section 005. See also “Vehicle Purchase and Use” at subsection 003.01. Regulations concerning small vehicle equipment (Section 006), additional required equipment for vehicles used with mobile seating devices (Section 007), and vehicle inspection criteria (Sections 008–011) apply as of the implementation date regardless of the date of manufacture of such vehicles. 1 TITLE 92 CHAPTER 92 002 Definitions. 002.01 Activity Bus means a motor vehicle with motive power, except a trailer, designed or modified by the manufacturer, distributor or dealer for carrying eleven (11) or more passengers, excluding the driver, meeting or exceeding this Chapter (except as provided in to subsection 003.02 of this Chapter) which at any time would be used to carry school children and school personnel exclusively on a school activity trip from a given location to a second location without stopping to load or unload children or control traffic on public highways, provided that such transportation service is sponsored and approved by the local school governing board. This includes Multi- Function School Activity Bus as defined in 49 CFR 571.3 and does not preclude the use of a school bus as an activity bus. 002.02 Activity Trip means the transportation of children, pupils and school personnel to and from a given location to a second or subsequent location or locations without stopping to load or unload the passengers on the public highways for the purpose of transporting the passengers to any activity or event sanctioned, authorized or sponsored by the school district or the local school’s governing board. 002.03 Motor Coach Bus means a vehicle not designed primarily for the transportation of school children to and from school and school related activities, but as a commercial motor vehicle as a part of the operation of a common or contract carrier, as those terms are defined in Section 75-302 R.R.S., with a Gross Vehicle Weight of greater than 33,000 lbs., with a semi-monocoque/monocoque unitized body construction and which has high back seats, under-the-floor storage, and is designed to seat at least 32 passengers. For purposes of this Section, monocoque means a design where the skin or shell of the vehicle acts as a single unit with the supporting frame and semi- monocoque means a design where the skin or shell of the vehicle acts, to some extent, as a single unit with the supporting frame. Such buses are also commonly known as “over-the-road coaches.” 002.04 Federal Motor Vehicles Safety Standards (FMVSS) means the construction standards developed and enforced by the National Highway Traffic Safety Administration (NHTSA) that apply to all new motor vehicles and items of motor vehicle safety equipment and must conform with 49 CFR Part 571. 002.05 Route means a designated course regularly traveled by a pupil transportation vehicle to pick up students from home or pickup