Md. Code Regs. 13A.06.07.12

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

Section 13A.06.07.12 - General Standards

A. A school vehicle or school charter vehicle may not be used to transport students unless a vehicle acceptance sheet as required by the Department has been completed by the supervisor of transportation and is on file in the local transportation office.

B. Type I or Type II school vehicles shall be used to transport students to and from school and school related activities when local school system sponsored transportation services are provided.

C. Vehicles other than Type I or Type II school vehicles and MFSAB vehicles may be used to transport students to and from school if:

(1) The vehicle is a taxicab;

(2) Only one student is transported;

(3) The vehicle used is a commercial motor coach; or

(4) A local board of education determines that it is necessary to own, operate, or contract the use of an alternative school vehicle for student transportation.

D. Alternative School Vehicles.

(1) Local boards of education that use alternative school vehicles shall:

(a) Develop written policies and procedures to utilize their alternative school vehicles;

(b) Require that the use of alternative school vehicles not expressly permitted by Education Article, § 7-801(c), Annotated Code of Maryland and this chapter must be approved in writing by the local school board of education and must specify the length of time that the approved use of the vehicles will remain in effect;

(c) Carryout the requirements of Transportation Article, § 11-154(b)(2), Annotated Code of Maryland;

(d) Require that three-point safety belts and other age-appropriate safety belts and equipment be worn by all passengers and students while in motion;

(e) Require that the designated areas for loading and unloading follow COMAR 11.19.06.05B; and

(f) Have insurance coverage be the same as for other school system-owned Class A, Class M, and contractor-owned vehicles.

E. Alternative School Vehicle Standards.

(1) Unless the vehicle is a MFSAB, the vehicle shall:

(a) Have a Gross Vehicle Weight rating of less than 10,000 lbs. and

(b) Have a seating capacity of no more than ten passengers not including the driver.

(2) Alternative school vehicles and MFSABs shall have the name of the school district, contractor's name, or other contact information lettered on each side of the body of the vehicle in letters of not less than 2 inches in height and not more than 4 inches in height. Decals are permitted.

(3) Alternative school vehicles and MFSABs may have the words "School Students" in black lettering at least 6 inches in height on a background of National School Bus Yellow located on both sides of the vehicle. Decals or magnetic signs are permitted. Lettering shall conform to Series B of Standard Alphabets for Highway Signs.

(4) Alternative school vehicles and MFSABs shall have an audible back up warning alarm, installed behind the rear axle, that meets the standard under COMAR 11.19.02.24

(5) Alternative school vehicles and MFSABs shall have a first aid kit, fluid clean up kit, and a fire extinguisher located in the storage area, all of which meets the standards under COMAR 11.19.02.25.T he vehicle shall have a seat belt cutter that is accessible to the driver.

(6) Video cameras may be installed in alternative school vehicles and MFSABs in line with COMAR 11.19.02.39.

F. Alternative School Vehicle Inspections.

(1) Alternative school vehicles and MFSABs shall undergo two inspections each school year in line with COMAR 11.14.02.01-.26. The two inspections shall be conducted more than 120 calendar days apart.

(2) Inspections shall be conducted by the local school system and records of each inspection shall be maintained in the transportation office of the local school system.

(3) Pre/post-trip inspections may be conducted and retained at the local level.

G. A Type I or Type II charter vehicle shall meet the Motor Vehicle Administration requirements for such vehicles.

H. This regulation does not prohibit the transportation of students by commercial motor vehicles that are not exclusively engaged in the transportation of school students or by entities subject to this chapter which own or operate these vehicles.

I. Vehicles used to transport students on regular routes shall be:

(1) New; or

(2) Previously registered school vehicles originally used to transport Maryland public school students.

J. Spare Vehicles.

(1) Spare vehicles shall be available during the time route vehicles are in operation.

(2) Spare vehicles shall be:

(a) New;

(b) Previously registered regular route vehicles; or

(c) Vehicles purchased new and verified in writing by the Motor Vehicle Administration as originally used in Maryland to transport private or parochial school students.

K. An electric-powered wheelchair may be transported in a school vehicle if it meets all of the following conditions:

(1) The battery is not of the liquid-acid type;

(2) The battery is encased in an impact-resistant container;

(3) The battery container is securely fastened to the wheelchair;

(4) The battery container lid is securely fastened to the battery container; and

(5) All electrical terminals not inside the battery container are protected from accidental contact.

L. Evacuations. School vehicle evacuations shall be conducted twice each school year.

M. Vehicle Modification. A local school system may not permit an individual to operate a school vehicle if the individual is unable to operate the vehicle without modification of the original manufacturer's design and construction standards, unless the modification is approved in writing by the motor vehicle administration.

Md. Code Regs. 13A.06.07.12

Regulations Regulation .10 amended and recodified as .12 July 1, 1989 (16:9 Md. R. 995)
Regulations .12 adopted effective August 31, 1992 (19:17 Md. R. 1608)
Regulations .12 adopted effective October 1, 2001 (28:19 Md. R. 1686); amended and recodified from .11 effective 49:4 Md. R. 301, eff. 2/21/2022; amended effective 50:14 Md. R. 594, eff. 7/24/2023