PROPOSED RULEMAKING
DEPARTMENT OF TRANSPORTATION
[ 67 PA. CODE CH. 71 ]
School Bus Drivers
[45 Pa.B. 2716]
[Saturday, June 6, 2015]The Department of Transportation, under the authority in 75 Pa.C.S. §§ 1504, 1508, 1508.1, 1509, 1517, 1518 and 6103, proposes to amend §§ 71.2 and 71.3 (relating to definitions; and physical examination) to read as set forth in Annex A.
Purpose of Chapter
The purpose of Chapter 71 (relating to school bus drivers) is to define more fully the requirements of 75 Pa.C.S. § 1509 (relating to qualifications for school bus driver endorsement) by listing minimum medical requirements for school bus drivers.
Purpose of the Proposed Amendments
The purpose of the proposed amendments to §§ 71.2 and 71.3 is to: 1) separate two medical conditions (seizure and loss of consciousness) that are currently linked in the school bus driver medical regulations; and 2) update the medical requirements and standards for school bus drivers to ensure they meet the field of vision standards established in accordance with the most current recommendations from the Department's Medical Advisory Board (Board). These proposed amendments will ensure that only school bus drivers who meet appropriate medical standards, established in accordance with the most current medical research as communicated to the Department by the Board, are transporting school children on school buses in this Commonwealth.
Summary of Significant Amendments
Proposed amendments to § 71.2 add definitions for ''seizure'' and ''seizure disorder.'' These definitions mirror the definitions of these terms in Chapter 83 (relating to physical and mental criteria, including vision standards relating to the licensing of drivers).
Section 71.3(b)(1)(iv) is proposed to be amended to disqualify individuals who have a binocular visual field defect of 30 contiguous degrees or more. The Department will make an exception to this disqualification if the individual's health care provider verifies in writing that the individual's otherwise disqualifying condition does not pose a risk to the individual's ability to safely drive a school bus and the individual also demonstrates appropriate visual compensation through a knowledge and driving skills evaluation administered by the Department.
Section 71.3(b)(10) is proposed to be amended to specifically address seizure disorders and delete the reference to ''another condition likely to cause loss or impairment of consciousness or loss of ability to drive a school bus safely'' because proposed § 71.3(b)(15) specifically addresses an episode of loss of consciousness.
Proposed § 71.3(b)(15) adds criteria regarding loss of consciousness. Current § 71.3(b)(15) is renumbered as proposed § 71.3(b)(16).
Persons and Entities Affected
This proposed rulemaking will affect licensed school bus drivers and individuals interested in being licensed to be a school bus driver, as these individuals will have to meet amended field of vision and loss of consciousness standards based on the most current recommendations from the Board.
Fiscal Impact
Implementation of this proposed rulemaking will not require the expenditure of additional funds by the Commonwealth or local municipalities. This proposed rulemaking will not impose additional costs on the medical community. Individuals intending to obtain or maintain a school bus driver's license will be required to submit to a field of vision test as part of their annual vision testing.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on May 21, 2015, the Department submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Transportation Committees. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Department, the General Assembly and the Governor of comments, recommendations or objections raised.
Effective Date
This proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin following the appropriate evaluation of comments, suggestions or objections received during the public comment period.
Sunset Date
The Department is not establishing a sunset date for these regulations, as the regulations are needed to administer provisions required under 75 Pa.C.S. (relating to Vehicle Code). The Department will continue to closely monitor these regulations for their effectiveness, in coordination with the Board.
Public Comments
Interested persons are invited to submit written comments, suggestions or objections regarding this proposed rulemaking to Kara N. Templeton, Director, Bureau of Driver Licensing, P. O. Box 68676, Harrisburg, PA 17106-8676, ktempleton@pa.gov within 30 days of the publication of this proposed rulemaking in the Pennsylvania Bulletin.
Contact Person
The contact person for technical questions about this proposed rulemaking is Laura Krol, Acting Manager, Driver Safety Division, Department of Transportation, Bureau of Driver Licensing, P. O. Box 68676, Harrisburg, PA 17106-8676, (717) 787-2977, lkrol@pa.gov.
LESLIE S. RICHARDS,
SecretaryFiscal Note: 18-435. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 67. TRANSPORTATION
PART I. DEPARTMENT OF TRANSPORTATION
Subpart A. VEHICLE CODE PROVISIONS
ARTICLE IV. LICENSING
CHAPTER 71. SCHOOL BUS DRIVERS § 71.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * School transportation medical practitioner—A licensed physician, physician assistant, certified registered nurse practitioner or chiropractor appointed or approved by a school board, or by the authorities responsible for operation of a private or parochial school. The same person may be appointed or approved as both school transportation medical practitioner and school medical practitioner.
Seizure—A paroxysmal disruption of cerebral function characterized by altered consciousness, altered motor activity or behavior identified by a licensed physician as inappropriate for the individual.
Seizure disorder—A condition in which an individual has experienced either of the following:
(i) A single seizure of electrically diagnosed epilepsy.
(ii) More than one seizure not including seizures resulting from an acute illness, intoxication, metabolic disorder or trauma.
Symptomatic hyperglycemia—High glucose levels in the blood that have caused a loss of consciousness or an altered state of perception, including, but not limited to, decreased reaction time, impaired vision or hearing, or both, or confusion.
* * * * * § 71.3. Physical examination.
* * * * * (b) Requirements of physical examination. [A person] An individual is physically qualified to drive a school bus if the [person] individual:
(1) Meets the following visual requirements without the aid of telescopic and prism lenses:
(i) Has distant visual acuity of at least 20/40 in the better eye without corrective lenses or visual acuity corrected to 20/40 or better.
(ii) Has at least 20/50 in the poorer eye without corrective lenses or visual acuity corrected to 20/50 or better.
(iii) Has distant binocular acuity of at least 20/40 in both eyes with or without corrective lenses.
(iv) Has a combined field of vision of at least 160[° in] degrees in extent along the horizontal meridian, [excepting the normal blind spots.] provided that an individual who has a binocular visual field defect of 30 contiguous degrees or more may not drive unless the following conditions are satisfied:
(A) The individual's health care provider verifies in writing that the individual's condition does not pose a risk to the individual's ability to safely drive.
(B) The individual demonstrates appropriate visual compensation through a knowledge and driving skills evaluation administered by the Department.
(v) Has the ability to determine the colors used in traffic signals and devices showing standard red, green, or amber.
* * * * * (10) Has no established medical history or clinical diagnosis of seizure disorders [or another condition likely to cause loss or impairment of consciousness or loss of ability to drive a school bus safely]. A waiver may be granted to an individual provided:
[(i) A waiver may be granted to these persons provided:
(A)] (i) There has been no more than a single, nonrecurring episode of altered consciousness or loss of bodily control, occurring at least 2 years preceding application, which did not require treatment.
[(B)] (ii) A seizure disorder has been diagnosed, but the person has been episode-free for at least 5 years preceding application and has not required treatment for at least 5 years preceding application.
* * * * * (14) Has no type of tuberculosis in a transmittable stage and has taken the tuberculin test every 2 years as required by section 1418(b) of the Public School Code of 1949 (24 P. S. § 14-1418(b)).
(15) Has not had an episode of loss of consciousness, which is of unknown etiology or not otherwise categorized, within the previous 12 months.
[(15)] (16) Has no other condition which in the opinion of the examining physician is likely to impair the ability to drive a school bus safely.
(c) Physical examination certificate. The examining school transportation medical practitioner, physician, chiropractor, CRNP or physician assistant shall issue a certificate, valid for the ensuing year, to every driver who passes a physical examination.
* * * * *
[Pa.B. Doc. No. 15-1052. Filed for public inspection June 5, 2015, 9:00 a.m.]
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