The most recent changes to the Nebraska Department of Education's Rule 91, which governs driver qualifications and operational procedures for pupil transportation vehicles, became effective on February 5th. The Department’s summary of the major revisions can be found here. If you feel like you’re experiencing déjà vu, it's probably because Rule 91 was last changed effective July 1, 2019. In fact, the most recent revisions were intended to ease the heightened training requirements imposed by the July 2019 changes.
“Drivers of Small Vehicles for Activity Trips Only”
For the last several months, Rule 91 required that all new drivers complete “Behind the Wheel” training, a Level 1 instruction course, and a physical examination to qualify to drive a pupil transportation vehicle. These requirements made it difficult to arrange transportation for activity trips. To its credit, the Department was responsive to the resulting issues and initiated the process to revise the rules.
Those revisions affected sections 003.02C and 003.03 of Rule 91. As of February 5th, drivers of small vehicles for activity trips only are no longer required to complete “Behind the Wheel” training, the Level 1 instruction course, or a physical examination. However, all drivers are still required to complete the two-hour in-service training provided by the employer school.
So. . . What’s Required Now?
Under Rule 91, all drivers are now required to complete the district’s two-hour in-service training. This is the only requirement applicable to drivers of small vehicles who drive for activity trips only. All other drivers must also meet the more robust qualification requirements.
For drivers who have never before held a school bus permit, or have never met the requirements to qualify to drive a pupil transportation driver, Rule 91 requires that the individual:
Complete “Behind the Wheel” training and a pre-service evaluation administered by a qualified driver. (This training and evaluation requires that the individual hold a CLP Learner’s Permit for commercial vehicles.)
Successfully complete a Level I Instructional Course by receiving at least the minimum score on the Level I Instructional Course Exam.
Pass a prescribed physical examination administered by an approved medical examiner as documented by a valid Medical Examiner’s Certificate. Each examination is valid for up to two years from the date of the exam.
For a driver to maintain their status as a qualified pupil transportation driver, Rule 91 requires that the individual:
Pass a prescribed physical examination administered by an approved medical examiner as documented by a valid Medical Examiner’s Certificate.
Complete, within five years of completing a Level I Instructional Course and within each subsequent five year period, a Level II Instructional Course. If more than five years have passed since the individual last completed a Level I or Level II Instructional Course, the individual must again complete a Level I Instructional Course.
We thought it might be most useful to Nebraska educators if we summarized the various requirements in a table:
Conclusion
With these changes, scheduling drivers for activity trips became a little easier again. To summarize, drivers of small vehicles for activity trips only may now transport students after receiving the two-hour inservice training and instruction in emergency evacuation procedures, first aid, and other areas applicable to the relevant student group. If you have any questions about driver qualifications under Rule 91, or any other issue, we recommend you contact your school’s attorney, or call Karen, Steve, Bobby, Coady, or Jordan.
P.S. P.S.A. on the FMCSA
While we’re talking transportation, you should be aware that the Federal Motor Carrier Safety Administration (FMCSA) is heightening its focus and enforcement on the policies and materials provided to drivers regarding drug and alcohol testing. Over the last year, the FMCSA has begun to take the position that the school’s policy itself should include the entire laundry list of information required to be provided to drivers pursuant to 49 CFR § 382.601.
While we do not think that this is technically required by the regulations (which permit the information be included in materials provided to the drivers, such as by your testing agencies), our policy service subscribers can expect to see an update to Policy 4003 Drug Testing of Drivers when we release our annual updates this spring. Our updated policy will ease compliance and conform with the FMCSA’s expectation that all information contemplated by the regulations be included in the policy itself. If you’re not a subscriber, you should review your policies on drug testing of drivers and your practices related to distributing those policies. If you would like our assistance in reviewing and updating your policy in light of the recent enforcement activities, we would be happy to help.