PROPOSED RULEMAKING
DEPARTMENT OF TRANSPORTATION
[67 PA. CODE CHS. 71 AND 171]
School Buses
[32 Pa.B. 1396] The Department of Transportation (Department), Bureau of Driver Licensing, under the authority contained in 75 Pa.C.S. §§ 1504, 1508, 1509, 4551--4553 and 6103, proposes to amend Chapters 71 and 171 (relating to school bus drivers; and school buses and school vehicles) to read as set forth in Annex A.
Purpose
The purpose of Chapter 71 is to set forth the course instruction and physical examination requirements for school bus drivers under 75 Pa.C.S. § 1509 (relating to qualifications for school bus driver endorsement). The purpose of Chapter 171 is to set forth equipment and safety requirements for school buses as provided for in 75 Pa.C.S. § 4552 (relating to general requirements for school buses) and for other vehicles transporting school children as provided for in 75 Pa.C.S. § 4553 (relating to general requirements for other vehicles transporting school children).
Purpose of the Proposed Amendments
The purpose of the proposed amendments to Chapter 71 is to establish criteria under which individuals with certain medical conditions may nevertheless qualify to be issued a school bus driver endorsement to their licenses. The purpose of the proposed amendments to Chapter 171 is to: 1) conform the regulations in this chapter to the provisions of 75 Pa.C.S. § 4552; 2) clarify existing provisions of the regulations; and 3) address concerns raised by the Pupil Transportation Advisory Committee (PTAC). The 27 members of the PTAC represent various groups and associations responsible for, or concerned with, pupil transportation.
The Department proposes to amend § 71.3 (relating to physical examination) by adding explicit criteria under which an individual diagnosed with a missing limb, diabetes, heart disease or a seizure disorder may nevertheless qualify for a waiver and receive the school bus driver endorsement. The proposed amendment clarifies that these medical conditions need not be an absolute bar to qualification to drive a school bus and sets forth in considerable detail the conditions under which an individual with these medical conditions may be granted the school bus driver endorsement.
The Department proposes changes to nine sections within Chapter 171.
Section 171.21(i) (relating to exhaust system) has been amended to specify that school bus exhaust systems shall discharge at the outside edge of the school bus body. This proposed amendment is appropriate to guard against the possibility of exhaust fumes discharging under the bus body and entering the school bus.
Section 171.47 (relating to color) has been amended by adding language that will permit the school bus roof to be painted white to reflect the sun, reducing heat and providing more comfortable transportation for the occupants. Limitation of the use of white to the roof area preserves the overall standard yellow color of the bus and raises no safety concerns. In addition, the proposed amendment creates additional options when using reflective tape. In the current regulation, the use of reflective tape is optional. However, if it is used in any of the listed locations on the bus, the regulation requires that it be used in all of the locations. The cost of applying and maintaining reflective tape in all the listed locations on the bus has dissuaded many from using any reflective tape. It is believed that with deletion of the mandate that tape be used in all locations, more school districts and contractors will use reflective tape in some of the listed locations.
Section 171.50(a)(9) (relating to doors and emergency exits) has been eliminated. The language regarding supplemental security locks on service doors is unnecessary. The same language was added to mandate the use of an audiovisual alarm on the emergency exits in § 171.50(b)(1)(xii). An audiovisual alarm must be installed on the supplemental security locks on the emergency exits. The alarm must be in the driver's compartment.
Sections 171.52(b), 171.123(b) and 171.133(b) (relating to first aid) have been amended to adjust the amount and types of materials the kits must contain. The size of the kits have been adjusted to be consistent with the National Standards for School Transportation (National standards). The inclusion of latex surgical gloves and adhesive tape has been eliminated because some children have violent allergic reactions to latex materials. Additionally §§ 171.52(d), 171.123(d) and 171.133(d) have been added to allow the surgical gloves and mouth barrier to be placed in either the first aid or body fluid clean-up kit. Some school transportation directors have had difficulty fitting these items into the first aid kit.
Section 171.55 (relating to identification) has been amended to permit yellow identification numbers to be used on the black bumpers of school buses with rounded fronts, to increase the lettering height, and to clarify the meaning of ''below the window line'' for school district or contractor identification, as well as to comply with 49 CFR 390.21 (relating to marking of CMVs), concerning interstate travel for PUC-regulated commercial vehicles. It is difficult for school buses with rounded fronts to display the required identification numbers. By allowing them to display a yellow number on their black bumpers, the identification number will be easier to place and see. The proposed amendment to § 171.55(c) clarifies how far ''below the window line'' the school district or contractor identification may be placed. The new language states the identification should be as close as practical to the bottom ledge of the bottom window sash. Additionally, some school districts and contractors requested the allowance of larger identification lettering. The permitted height of the letters will be increased from 6 to 8 inches. Section 171.55(c) is amended to require that school buses must display any other markings required of a commercial vehicle. This will allow them to conform to 49 CFR 390.21.
Section 171.59(b)(2)(x) (relating to lamps and signals) has been amended for clarification. This section will now read clearly that an audio alarm must be activated when the device installed to prevent the automatic extension of the stop arm when the bus is not being used for pupil transportation is engaged.
Section 171.74a (relating to crossing control arm) has been added to regulate the type and use of crossing control arms which were mandated in the act of December 21, 1998 (P. L. 1126, No. 151). This device, which extends approximately 6 feet from the front of the school bus, will force children to walk at least 6 feet in front of the front bumper where the school bus driver is able to see the children and know when they are safely across the street. Over the past 20 years, 243 children have died after being hit by their own school bus. This device greatly enhances the safety of school children entering and exiting the school bus.
Section 171.104(1) (relating to the special service entrance doors) has been amended to conform to the language used in the National standards. This language, allowing either a single or double door, simplifies the current language without changing the meaning.
Persons and Entities Affected
The proposed amendments affect persons and entities responsible for the transportation of school children. This includes all 501 school districts and any organization they may contract to provide pupil transportation. In addition, the State Police will be affected when conducting school bus vehicle inspections.
Fiscal Impact
The proposed amendments will not impose any increased costs on private persons, State or local governments. The proposed amendments will not occasion the development of any additional reports or other paperwork requirements.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on March 5, 2002, the Department submitted a copy of this proposed rulemaking to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House and Senate Transportation Committees. In addition to submitting the proposed rulemaking, the Department has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Department in compliance with Executive Order 1996-1, ''Regulatory Review and Promulgation.'' A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, if IRRC has objections to any portion of the proposed rulemaking, it will notify the Department by May 16, 2002. The notification shall specify the regulatory review criteria that have not been met by the portion of the proposed rulemaking to which an objection is made. 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 objections raised.
Sunset Date
The Department is not establishing a sunset date for these proposed amendments since these regulations are needed to administer provisions required under the 75 Pa.C.S. (relating to Vehicle Code). The Department will, however, continue to closely monitor these regulations for their effectiveness.
Public Comments
Interested persons are invited to submit written comments, suggestions or objections regarding the proposed amendments to Rebecca L. Bickley, Director, Bureau of Driver Licensing, Riverfront Office Center, 1101 South Front Street, 4th Floor, Harrisburg, PA 17104, within 30 days of publication of this notice in the Pennsylvania Bulletin.
Contact Person
The contact person for technical questions related to the proposed amendments is Chris Ann Miller, Manager, Special Driver Programs, Department of Transportation, Bureau of Driver Licensing, Riverfront Office Center, 1101 South Front Street, 3rd Floor, Harrisburg, PA 17104, (717) 772-2117.
BRADLEY L. MALLORY,
SecretaryFiscal Note: 18-372. 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 § 71.1. Scope and application.
This chapter applies to the course of instruction and physical examination for school bus drivers required by 75 Pa.C.S. § 1509 (relating to qualifications for [class 4 license] school bus driver endorsement).
§ 71.3. Physical examination.
* * * * * (b) Requirements of physical examination. A person is physically qualified to drive a school bus if the person:
* * * * * (2) Has no loss of a foot, a leg, a hand, or an arm; or has been granted a waiver by the Department after competency has been demonstrated through a driving examination.
* * * * * (4) Has no established medical history or clinical diagnosis of diabetes mellitus currently requiring use of insulin or other hypoglycemic medication.
(i) A waiver may be granted to an individual requiring the use of oral hypoglycemic medication provided:
(A) The individual's physician verifies in writing that there has been no incident of hypoglycemic reaction for the preceding 2 years.
(B) The individual submits to a diabetic examination every 6 months and submits the results of the examination on a form provided by the Department.
(ii) A waiver may be granted to a person requiring the use of insulin provided:
(A) The person's physician verifies in writing to the Department that there has been no incident of hypoglycemic or hyperglycemic reaction and the person has been free from insulin reaction (including loss of consciousness, attention or awareness) or the requirement of assistance from another person, for the preceding 2 years.
(B) The person submits to a diabetic examination every 6 months, including a Hemoglobin A1C, and to a review of the prior 6-month history of blood glucose monitoring. The physician conducting the diabetic examination shall be familiar with the person's past diabetic history for 24 months or have access to that history.
(C) The person, upon hire by a school district to drive a school bus, shall demonstrate his willingness to manage his diabetes by complying with the following requirements:
(I) Self-monitoring blood glucose 1 hour before driving, and at least every 4 hours while driving or while otherwise on duty, by using a portable blood glucose monitoring device with a computerized memory. If blood glucose is below 80 or above 350 the person may not drive until he takes appropriate measures and retests within this acceptable range.
(II) Monthly submitting the results of blood glucose self-monitoring for review by a physician, certified nurse practitioner, physician's assistant, registered nurse or other health care provider selected by the school district. The results also shall be submitted to the physician conducting the 6-month diabetic examination required by subclause (B).
(III) Maintaining a manual blood glucose monitoring log and submitting it, together with the glucose monitoring device's computerized log, every 6 months to the physician conducting the person's 6-month diabetic examination.
(IV) Having in his possession a source of rapidly absorbable glucose at all times while driving a school bus.
(iii) A reviewing physician finding that a person previously qualified for a waiver is not complying with the requirements listed in subparagraph (ii)(C) or is otherwise no longer qualified for the waiver shall report these findings to the Department and the waiver will be rescinded.
(iv) If a person requiring the use of oral hypoglycemic medication or a person requiring the use of insulin does not qualify for a waiver, that person may request an independent review of his medical records. The review will be conducted by a member of the Medical Advisory Board or by another physician designated by the Department.
(v) Submissions to the Department by physicians or other health care providers, including physician verifications and the results of diabetic examinations, shall be made on forms provided by the Department.
(5) Has no established medical history or clinical diagnosis of myocardial infarction, angina pectoris, coronary insufficiency[,] or pacemaker insertion.
(i) Waivers may be granted to those individuals with a history of coronary artery disease, previous myocardial infarction, congenital heart defects, cardiomyopathy, pericarditis, myocarditis, chronic atrial flutter/fibrillation or valvular heart disease, and individuals who have undergone corrective surgery for congenital heart defects, coronary angioplasty, valve repair/replacement, coronary artery bypass graft surgery, or ablative surgery for paroxysmal supraventricular arrhythmias, if the individual annually meets the following criteria:
(A) The individual is asymptomatic from the disorder or is receiving medication used to treat the disorder and is asymptomatic on medication.
(B) The individual completes 7 METS on a treadmill stress EKG test preferably following the Bruce or Balke Protocols and achieves 85% of the predicted maximal heart rate without symptoms or EKG changes. If the resting EKG is abnormal, or the individual is on digoxin, then a stress thallium test should be performed.
(C) An echo, gated blood pool scan or left ventriculogram performed on the individual measures a left ventricular ejection fraction of 40% or greater.
(ii) In the case of a permanent pacemaker insertion, the individual shall be 2 months post insertion, asymptomatic and demonstrate that he is undergoing regular pacemaker follow up.
(iii) In the case of chronic atrial flutter/fibrillation, the individual shall be on anticoagulant therapy with aspirin or Coumadin and demonstrate adequate rate control when exercising on a treadmill as listed in subparagraph (i)(B).
(iv) No waivers may be granted to individuals:
(A) Diagnosed with symptomatic coronary artery disease (angina), cardiomyopathy, pericarditis, myocarditis, congenital or valvular heart disease.
(B) Within 2 months of a myocardial infarction, open heart surgery or pacemaker insertion.
(C) Implanted with an automatic cardioverter/defibrillators or antitachycardic device.
(D) With any history of ventricular tachycardia (excluding couplets and triplets), ventricular fibrillation or sudden cardiac death with successful resuscitation.
(E) With any history of paroxysmal supraventricular tachycardia.
(F) With any history of carotid sinus hypersensitivity, sick sinus syndrome, second degree heart block or third degree heart block unless a pacemaker has been inserted.
* * * * * (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.
(i) A waiver may be granted to persons described in this paragraph provided:
(A) 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) 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.
* * * * *
ARTICLE VII. VEHICLE CHARACTERISTICS
CHAPTER 171. SCHOOL BUS AND SCHOOL VEHICLES
Subchapter B. SCHOOL BUS CHASSIS STANDARDS § 171.21. Exhaust system.
* * * * * (i) Exhaust system and discharge location. Exhaust systems are not permitted to discharge to the atmosphere at a location immediately below the fuel tank or the fuel tank filler pipe. Exhaust systems shall also extend and discharge completely to the outside edge of the vehicle body.
Subchapter C. SCHOOL BUS BODY STANDARDS § 171.47. Color.
The requirements for the color of school bus bodies are as follows:
* * * * * (2) The roof of the school bus may be painted white.
(3) The body exterior trim may be painted black. The bumper and exterior mirrors shall be painted black.
[(3)] (4) If a school bus is equipped with reflective material, other than that required under §§ 171.50 and 171.59 (relating to doors and emergency exits; and lamps and signals), the reflective material shall be of automotive engineering grade or better. If additional reflective materials and markings are used, they [shall] may be applied as follows:
* * * * * § 171.50. Doors and emergency exits.
(a) Service doors. The requirements for service doors are as follows:
* * * * * [(9) Supplemental security locks installed on service doors shall be equipped with an ignition interlock system or an audiovisual alarm located in the driver's compartment.]
(b) Emergency exits. Each school bus shall comply with FMVSS No. 217. See Appendix A. The area of square centimeters of the unobstructed openings for emergency exits shall collectively amount to at least 432 times the number of designated seating positions in the bus. The area of an opening equipped with a wheel chair lift is counted toward meeting additional emergency exit area requirements only if the lift is designed to be folded or stored so that the area is available for use by persons not needing the lift.
(1) The requirements for emergency exit doors are as follows:
* * * * * (xii) Supplemental security locks installed on emergency doors shall be equipped with an audiovisual alarm located in the driver's compartment.
* * * * * § 171.52. First aid.
(a) First aid kit. Every school bus shall have a removable moisture and [dustproof] dust proof first aid kit, mounted in an accessible place within the driver's compartment. The first aid kit shall be mounted as directed by the manufacturer. The first aid kit shall be labeled and visible to the driver or its location shall be marked.
(b) Content. The first aid kit shall contain, at a minimum, the following items:
(1) Two 1 inch × 2-1/2-yards rolls of nonlatex adhesive tape [rolls].
* * * * * (4) [Twelve] Eight 2-inch bandage compresses.
(5) [Twelve] Ten 3-inch bandage compresses.
* * * * * [(11) One pair latex gloves.
(12) One mouth barrier.]
* * * * * (d) Surgical gloves and mouth barriers. Either the first aid kit or the body fluid cleanup kit shall contain:
(1) One pair of nonlatex surgical gloves.
(2) One mouth barrier.
§ 171.55. Identification.
* * * * * (b) Identification number. Every school bus shall display an identification number consisting of no more than 4 black numbers, letters or a combination of numbers and letters. The numbers or letters shall be a minimum 5 inches in height and shall be displayed in a prominent location on the front, rear and on both sides of the bus. On a school bus with a rounded front, the identification number displayed on the front of the bus may be displayed on the front bumper in yellow numbers, letters, or a combination of numbers and letters, in lieu of black numbers, letters, or a combination of numbers and letters on the front of the bus body.
(c) Additional markings. School buses shall have the name of the school district, private or parochial school, or school bus contractor clearly visible, lettered on each side of the school bus body[, below the window line] in the upper body belt band area as close as practical to the bottom ledge of the bottom window sash in letters of not less than 4 inches, and not more than [6] 8 inches in height. Lettering shall be in black or National School Bus Yellow, depending on the contrasting background color. See Appendix B. Other signs or lettering are not permitted, except the bus contractor may have his name or the name of the company in letters no larger than 3 inches in height, or the dealer identification insignia may be displayed in an area not to exceed 6 inches in height by 12 inches in width to the rear of the front entrance at the lowest possible point. Pennsylvania Public Utility Commission and Interstate Commerce Commission certification numbers, and any other required commercial vehicle markings may be displayed.
* * * * * § 171.59. Lamps and signals.
* * * * * (b) Flashing signal lamps and stop signal arm devices. The requirements for flashing signal lamps and stop signal arm devices are as follows:
* * * * * (2) Stop signal arm devices. Stop signal arm devices on school buses shall comply with FMVSS No. 131--See Appendix A--and the following requirements:
* * * * * (x) The stop signal arm shall be automatically extended so that it complies with subparagraph (viii), at a minimum, whenever the red signal lamps required by FMVSS No. 108, S 5.1.4--See Appendix A--are activated; except that a device may be installed that prevents the automatic extension of a stop signal arm. The mechanism for activating the device shall be within the reach of the driver. While the device preventing automatic extension is activated, a continuous or intermittent signal audible to the driver shall sound. The audible signal may be equipped with a timing device [requiring] but shall require the signal to sound for at least 60 seconds. If a timing device is used, it shall automatically recycle each time the service entry door is opened while the engine is running and the manual override is engaged.
* * * * * § 171.74a. Crossing control arm.
School buses shall be equipped with a crossing control arm.
(1) The crossing control arm shall meet or exceed SAE Standard J1133.
(2) The crossing control arm shall be mounted on the right side of the front bumper and may not open more than 90°.
(3) The crossing control arm shall extend approximately 72 inches from the front bumper when in the extended position.
(4) The crossing control arm shall extend simultaneously with the stop arm by means of the stop arm controls.
(5) The crossing control arm shall incorporate system connectors (electrical, vacuum or air) at the gate and shall be easily removable to allow for towing of the school bus.
(6) All components of the crossing control arm and all connections shall be waterproofed.
(7) If the crossing control arm is not constructed of noncorrosive or nonferrous material, it shall be zinc-coated or aluminum-coated or treated by equivalent process.
(8) There may not be sharp edges or projections on the crossing control arm that could cause hazard or injury to students.
Subchapter D. SPECIALLY EQUIPPED SCHOOL BUS STANDARDS § 171.104. Special service entrance doors.
The requirements for special service entrance doors are as follows:
(1) [A single door may be used if the width of the door opening does not exceed 40 inches.
(2) Two doors shall be used if a single door opening exceeds 40 inches.] Either a single door or double doors may be used for the special service entrance.
[(3)] (2) * * *
[(4)] (3) * * *
[(5)] (4) * * *
[(6)] (5) * * *
[(7)] (6) * * *
[(8)] (7) * * *
[(9)] (8) * * *
[(10)] (9) * * *
[(11)] (10) * * *
[(12)] (11) * * *
Subchapter E. SCHOOL VEHICLE STANDARDS § 171.123. First aid.
(a) Required. Every vehicle shall have a removable moisture and [dustproof] dust proof first aid kit mounted in an accessible place within the driver's compartment. The first aid kit shall be mounted as directed by the manufacturer. The first aid kit shall be labeled and securely placed or mounted in an easily accessible location.
(b) Content. The first aid kit shall contain, at a minimum, the following items:
(1) [Two] One 1 inch × 2-1/2 yards rolls of non-latex adhesive tape [rolls].
(2) [Twenty-four] One package sterile gauze pads, 3 inches × 3 inches.
(3) [One hundred] One package 3/4-inch × 3 inches adhesive bandages.
(4) [Twelve] One package 2 inch bandage compresses.
(5) [Twelve] One package 3 inch bandage compresses.
(6) [Two] One 2 inch × 6 yards sterile gauze roller [bandages] bandage.
(7) [Two] One nonsterile triangular bandage approximately 40 inches × 36 inches × 54 inches with [2] two safety pins.
(8) [Three] One package sterile gauze pads, 36 inches × 36 inches (U.S.P. 2423 count).
(9) [Three] One sterile eye [pads] pad.
* * * * * [(11) One pair latex gloves.
(12) One mouth barrier.]
* * * * * (d) Surgical gloves and mouth barriers. Either the first aid kit or the body fluid cleanup kit shall contain:
(1) One pair of nonlatex surgical gloves.
(2) One mouth barrier.
Subchapter F. MASS TRANSIT PUPIL TRANSPORTATION BUS STANDARDS § 171.133. First aid.
(a) First aid kit. Every mass transit pupil transportation bus shall have a removable moisture and [dustproof] dust proof first aid kit mounted in an accessible place within the driver's compartment. The first aid kit shall be mounted as directed by the manufacturer. The first aid kit shall be labeled and visible to the driver or its location shall be marked.
(b) Content. The first aid kit shall contain, at a minimum, the following items:
(1) Two 1 inch × 2-1/2 yards rolls of nonlatex adhesive tape [rolls].
* * * * * (4) [Twelve] Eight 2 inch bandage compresses.
(5) [Twelve] Ten 3 inch bandage compresses.
* * * * * [(11) One pair latex gloves.
(12) One mouth barrier.]
* * * * * (d) Surgical gloves and mouth barriers. Either the first aid kit or the body fluid cleanup kit shall contain:
(1) One pair of nonlatex surgical gloves.
(2) One mouth barrier.
[Pa.B. Doc. No. 02-419. Filed for public inspection March 15, 2002, 9:00 a.m.]
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