Md. Code Regs. 13A.06.07.01

Current through Register Vol. 51, No. 12, June 14, 2024

Section 13A.06.07.01 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) Accident.

(a) "Accident" means an occurrence or action involving a driver of a school vehicle operated by or under contract to a local school system, which results in an injury or fatality to an individual or damage to a motor vehicle or property, except as otherwise provided in 49 CFR § 382.303, which is incorporated by reference, for the purpose of post-accident testing for alcohol and controlled substances.

(b) "Accident" does not include an occurrence or action involving a driver of a vehicle not registered as a school vehicle or a school charter vehicle.

(2) "Adulterated specimen" means a specimen that contains a substance that:

(a) Is not expected to be present in human urine; or

(b) Is expected to be present in human urine but is at a concentration so high that it is not consistent with human urine.

(3) "Alternative school vehicle" means a vehicle that is used to transport pupils from home to school or school to home as well as to and from school related activities that is neither a Type I nor a Type II school vehicle as stated in Transportation Article, § 11-154, Annotated Code of Maryland.

(4) "Alternative school vehicle driver" means a driver who is seeking or has been exclusively certified at the local level to operate an alternative school vehicle.

(5) "Appreciable damage" means property damage in excess of $3,000.

(6) "Appropriate medical examination" has the meaning stated in COMAR 11.19.05.01E.

(7) "Assistant supervisor of transportation" means an individual with high level management responsibilities who reports directly to the supervisor of transportation.

(8) "Behind-the-wheel instruction" means time spent driving a school vehicle during preservice or in-service instruction.

(9) "Commercial motor coach" means a bus that:

(a) Is at least 26,000 pounds gross vehicle weight;

(b) Has a minimum of three axles;

(c) Carries a minimum of 16 passengers, including the driver; and

(d) May be equipped with a restroom.

(10) "Department" means the Maryland State Department of Education.

(11) "External observation" means a school bus driver observation conducted from another vehicle while the school bus driver is on an established route.

(12) "Incapacitating injury" means an injury, other than fatal, that prevents the injured individual from walking, driving, or normally continuing the activities that the individual was capable of performing before the accident.

(13) "Insubordination" means violating a lawful order or failing to obey a lawful order given by a superior.

(14) "Loading zone" has the meaning stated in Transportation Article, § 22-228(f)(1), Annotated Code of Maryland.

(15) "Medical review officer" means a doctor of medicine or osteopathy who:

(a) Is responsible for receiving laboratory results generated by this Program;

(b) Has knowledge of substance abuse disorders;

(c) Has appropriate training to interpret and evaluate a donor's confirmed laboratory positive or "unsuitable" drug test results, together with the donor's medical history and any other relevant biomedical information; and

(d) Is required to have a working knowledge of the U.S. Department of Transportation Federal Motor Carrier Safety Administration regulations applicable to the employer for which drug test results are evaluated.

(16) "Misfeasance" means performing a proper act in a wrongful or injurious manner or the improper performance of an act which might have been lawfully done.

(17) Multifunction School Activity Bus (MFSAB).

(a) "Multifunction School Activity Bus (MFSAB)" means an alternative school vehicle that meets school bus construction standards.

(b) "Multifunction School Activity Bus (MFSAB)" does not include a bus:

(i) Used to transport students to and from home or school bus stops;

(ii) That has traffic control equipment; or

(iii) That is painted school bus yellow.

(18) "Nonpublic school" means nursery school, elementary school, and secondary school as stated in COMAR 13A.09.10.02B.

(19) Off-Highway Loading Zone.

(a) "Off-highway loading zone" has the meaning stated in Transportation Article, § 22-228(f)(2)(ii), Annotated Code of Maryland.

(b) "Off-highway loading zone" includes a parking lot and school grounds.

(20) "On-highway loading zone" means a stop made completely off the travel portion of the roadway on a shoulder that is at least 81/2 feet wide.

(21) "On-roadway stopping" means a stop made on the travel portion of the highway, not to include the shoulder.

(22) "Personal injury" means an injury treated by a physician, dentist, or nurse, or in a hospital.

(23) "Preventable accident" means an accident in which the driver failed to do everything the driver reasonably could have done to prevent it, according to accepted standards of the National Safety Council.

(24) "Property damage" means injury to real or personal property, the amount of which is established by evidence of replacement values and cost of repairs.

(25) "Safety-sensitive function" has the meaning stated in 49 CFR § 382.107, which is incorporated by reference.

(26) "School charter vehicle" has the meaning stated in Transportation Article, § 13 - 420(c), Annotated Code of Maryland.

(27) "School vehicle" has the meaning stated in transportation Article, § 11-154, Annotated Code of Maryland.

(28) "School vehicle attendant" means an individual who:

(a) Has applied for employment with a local school system or an entity contracting with a local school system as a school vehicle attendant;

(b) Is employed by a local school system or an entity contracting with a local school system as a school vehicle attendant; and

(c) Is certified and verified by the local school system as having met all local and state requirements to be a school vehicle attendant.

(29) "School vehicle driver" means an individual who:

(a) Has applied for employment with a local school system or an entity contracting with a school system as a school vehicle driver;

(b) Is employed by a school system or an entity contracting with a school system as a school vehicle driver; or

(c) Is an owner-operator of a school vehicle; and

(d) Is certified and verified by the local school system as having met all local, state, and federal requirements to be a school vehicle driver.

(30) "School vehicle driver trainee" means an individual who has applied for employment with a local school system or an entity contracting with a school system and is seeking Department-required certification as a school vehicle driver.

(31) "Seat belt" has the meaning stated in Transportation Article, § 22-412, Annotated Code of Maryland.

(32) "Shy bladder" means a donor is unable to provide a sufficient quantity of urine for a drug test.

(33) "Student with a disability" has the meaning stated in COMAR 13A.05.01.03B.

(34) "Substance abuse professional" means a person who meets the credentials, basic knowledge, qualifications, and training requirements in 49 CFR Part 40 ; Subpart O § 40.281 to:

(a) Evaluate individuals who have violated a U.S. Department of Transportation controlled substance or alcohol regulation; and

(b) Make recommendations concerning education, treatment, follow-up testing, and aftercare.

(35) "Substituted specimen" means a specimen that is not consistent with human urine that has been submitted by the individual being tested for a controlled substance in place of the individual's own urine.

(36) "Supervisor of transportation" means the individual designated to be responsible for the administration of the student transportation program in a local school system, or a designee.

(37) "Taxicab" has the meaning stated in COMAR 20.90.02.04

(38) "Type I school vehicle" has the meaning stated in Transportation Article, § 11-173, Annotated Code of Maryland.

(39) "Type II school vehicle" has the meaning stated in Transportation Article, § 11-174, Annotated Code of Maryland.

(40) "Unsafe actions" means misfeasance, incompetence, insubordination, or any act or omission that adversely affects transportation or safety.

(41) "U.S. Department of Transportation" means an agency or operating administration of the U.S. Department of Transportation administering regulations requiring alcohol testing, drug testing, or both.

Md. Code Regs. 13A.06.07.01

Regulations .01A amended effective August 3, 1977 (4:16 Md. R. 1214)
Regulation .01B amended effective February 20, 1981 (8:4 Md. R. 344)
Regulation .01D amended effective October 31, 1980 (7:22 Md. R. 2075)
Regulation .01 amended effective October 16, 1989 (16:20 Md. R. 2182)
Regulations .01 adopted effective August 31, 1992 (19:17 Md. R. 1608)
Regulation .01B amended effective November 6, 1995 (22:22 Md. R. 1668)
Regulations .01 adopted effective October 1, 2001 (28:19 Md. R. 1686); amended effective 44:6 Md. R. 326, eff. 3/27/2017; amended effective 45:26 Md. R. 1248, eff. 12/31/2018; amended effective 49:4 Md. R. 301, eff. 2/21/2022