N.H. Admin. Code § Saf-C 1304.03

Current through Register No. 36, September 5, 2024

Section Saf-C 1304.03 - Disqualification of Applicant

(a) A person who is denied a school bus driver's certificate shall not drive a school bus. An owner, manager, or supervisor of a school bus company shall not permit a disqualified person to drive a school bus.

(b) Pursuant to RSA 263:29, each applicant for a school bus driver's certificate shall be denied certification in the event the department receives information showing good cause.

(c) Good cause shall include the following:

(1) Arrest, conviction or indictment involving the commission of a crime in which the applicant used a motor vehicle to commit said crime;

(2) Arrest, conviction or indictment for deviate behavior such as rape, deviate sexual relations or sexual assault;

(3) Arrest, conviction or indictment for an offense resulting in the corruption or delinquency of a minor child;

(4) Arrest or indictment for driving a motor vehicle under the influence of alcohol or chemical substances, leaving the scene of a motor vehicle accident, reckless driving or driving to endanger;

(5) A conviction within the preceding 10 years for:

a. Driving a motor vehicle under the influence of alcohol or chemical substances;

b. Leaving the scene of a motor vehicle accident;

c. Reckless driving; or

d. Driving to endanger, unless in the judgment of the commissioner, the applicant's reputation is such that the conviction is unlikely to adversely affect the applicant's physical, mental or moral fitness to drive a school bus;

(6) Arrest, conviction or indictment involving the manufacture, illegal transportation, possession, sale or use of a controlled drug;

(7) Arrest, conviction or indictment of New Hampshire motor vehicle or criminal law or law of any other jurisdiction, that has a direct bearing on the applicant's fitness to hold a school bus driver's certificate;

(8) Involvement in a motor vehicle accident that has a direct bearing on the applicant's fitness to drive;

(9) Credible evidence that the applicant has refused a random drug screening from an employer or prospective employer within the preceding 10 years or that the applicant is an abuser of alcohol, prescription drugs or chemical substances;

(10) Financial responsibility is required and is not on file with the department, if applicable; or

(11) Credible evidence received by the pupil transportation supervisor that the applicant is a danger to him/herself or to a child.

(d) Each applicant for a school bus driver's certificate shall not be eligible for a certificate for one year, if his/her driver record report has sufficient convictions. For the purposes of this rule, "sufficient convictions" means 3 accidents with findings of fault, 3 motor vehicle convictions or a combination of 3 accidents and motor vehicle convictions, within the 24 month period preceding the date the driver record report is generated.

(e) For the purposes of (d) above, motor vehicle convictions which shall be considered for disqualification include the following:

(1)RSA 263:1-a, allowing an improper person to drive a motor vehicle;

(2)RSA 263:2, failure to display or produce driver license for inspection by an officer;

(3)RSA 263:85, allowing an improper person to drive a commercial motor vehicle;

(4)RSA 263:13, failure to abide by driver license restrictions;

(5)RSA 263:92, driving a motor vehicle with the improper class of commercial driver license;

(6)RSA 263:30, driving without a motorcycle license, endorsement or learner's permit;

(7)RSA 265:3, obedience to a police officer;

(8)RSA 265:9, obedience to any required traffic control device;

(9)RSA 265:25, following too closely;

(10)RSA 265:26-a, driving on a sidewalk;

(11)RSA 265:28, failure to yield the right of way;

(12)RSA 265:30, failure to obey a yield sign;

(13)RSA 265:31, failure to obey a stop or a yield sign;

(14)RSA 265:37, RSA 265:41, failure to use due care;

(15)RSA 265:45, failure to signal turn;

(16)RSA 265:48-51, RSA 265:52-a, improper conduct at a railroad crossing;

(17)RSA 265:94, illegal backing;

(18)RSA 265:95, obstruction of driver's view;

(19)RSA 265:96, improperly opening and closing vehicle doors;

(20)RSA 265:99, coasting;

(21)RSA 265:100, following fire apparatus too closely;

(22)RSA 265:106, prohibited carrying of passengers in truck;

(23)RSA 265:60-67, speeding;

(24)RSA 261:75, RSA 261:77, knowing misuse of plates;

(25)RSA 261:76, knowing failure to display plates;

(26)RSA 265:16, failure to drive on right hand side of the road;

(27)RSA 265:18-20, improper passing;

(28)RSA 265:22, crossing yellow line;

(29)RSA 261:61, knowing misuse of registration or title;

(30)RSA 262:3, false report of theft;

(31)RSA 262:7, RSA 262:10, changing or removing vehicle identification;

(32)RSA 262:16, modifying or forging an inspection sticker or registration decal;

(33)RSA 265:54, overtaking and passing a school bus;

(34)RSA 262:1, alteration of title;

(35)RSA 262:12, taking without owner's consent;

(36)RSA 262:17, odometer tampering;

(37)RSA 263:63, driving without proof of financial responsibility;

(38)RSA 263:64, driving after revocation or suspension;

(39)RSA 264:25, conduct after an accident;

(40)RSA 265:4, disobeying a police officer;

(41)RSA 265:75, racing on highway;

(42)RSA 265:79, reckless driving;

(43)RSA 265:79-b, negligent driving; and

(44)RSA 265:105-a, prohibited text messages and device usage while operating a motor vehicle.

(f) The applicant shall be denied a school bus driver's certificate pending further investigation in the event the applicant fails to reveal information pertaining to any formal action in any other jurisdiction, including:

(1) Suspension;

(2) Revocation;

(3) Default; or

(4) Fine requirements.

(g) The applicant and his/her employer or superintendent shall be notified immediately of any denial of certification in this section.

(h) Each applicant whose school bus driver's certificate is denied shall be afforded notice and the opportunity for an administrative hearing.

(i) Each person requesting a hearing shall present a written request to the bureau of hearings in accordance with the provisions of Saf-C 200.

(j) The scope of the hearing shall include the following:

(1) Review of the evidence submitted, pursuant to (b) and (c) above, which supports the denial of a school bus driver's certificate;

(2) Applicant's age;

(3) Number of years of driving experience;

(4) Type(s) of conviction, moving or non-moving;

(5) Past history as it relates to current convictions;

(6) Mitigating circumstances;

(7) Evidence of any alcohol related convictions or violations within the preceding 10 years;

(8) Evidence of a physical, mental or emotional impairment that would preclude safe operation of a motor vehicle;

(9) Evidence that the person is on any medication that would preclude safe operation of a motor vehicle; and

(10) Any other evidence indicating the applicant's fitness to safely drive a school bus.

(k) The division shall notify the applicant's employer of any decision from the bureau of hearings.

N.H. Admin. Code § Saf-C 1304.03

#4873, eff 07-24-90; ss by #6297, eff 7-23-96; ss by #8122, INTERIM, eff 7-17-04, EXPIRES: 1-13-05; ss by #8248, eff 1-4-05

Ss by #10439, eff 10/11/2013 (See Revision Note at chapter heading for Saf-C 1300).