W. Va. Code R. § 126-92-12

Current through Register Vol. XLI, No. 19, May 10, 2024

Section 126-92-12 - Loading and Unloading of Student Passengers and Railroad Crossings

12.1. Approaching the stop.

12.1.a. The operator shall not change the location of a bus stop without written approval from the county director.

12.1.b. When approaching the stop, the operator shall:

12.1.b.1. approach cautiously at a slow rate of speed. Look for pedestrians, traffic, or other objects before, during, and after coming to a stop. Continuously check all mirrors.

12.1.b.2. activate alternating flashing amber warning lights at least 200 feet or approximately five to ten seconds before the bus stop or in accordance with state law.

12.1.b.2.A. If the alternating flashing amber warning lights have been activated during student loading, the operator shall come to a complete stop and activate alternating flashing red lights regardless if students can be seen to ensure no student may be approaching the bus from a blind spot.

12.1.b.3. continuously check mirrors to monitor the danger zones for students, traffic, and other objects.

12.1.b.4. move as far as possible to the right on the traveled portion of the roadway.

12.1.b.5. bring the bus to a full stop with the front bumper at least ten feet away from students at the designated stop. This action forces the students to walk to the bus so the operator has a better view of their movements.

12.1.b.6. place transmission in Park, or if there is no Park shift point, in Neutral and set the parking brake at each stop.

12.1.b.7. open service door, if possible, enough to activate alternating red lights when traffic is a safe distance from the bus.

12.1.b.8. make a final check to see that all traffic has stopped before completely opening the door and signaling students to approach.

12.2. Loading procedures.

12.2.a. Perform a safe stop as described in section 12.1.b.

12.2.b. Students should wait in a designated location for the bus, facing the bus as it approaches. Students should board the bus only when signaled by the operator. The signal shall consist of the "thumbs up" method that is recognized by students and does not create a hazard. External public address (PA) systems shall be an acceptable alternative.

12.2.c. The operator shall:

12.2.c.1. monitor all mirrors continuously.

12.2.c.2. instruct the students in safe loading and unloading procedures.

12.2.c.3. count the number of students at the bus stop and be sure all students board the bus. If possible, know names of students at each stop.

12.2.c.4. ask the other students where the student is if there is a missing student.

12.2.c.5. have the students board the bus slowly, in single file using the handrail.

12.2.c.6. make sure all dome lights are on while loading in the dark.

12.2.c.7. wait until students are seated and facing forward before moving the bus.

12.2.c.8. check all mirrors. Make certain no one is running to catch the bus. If the operator cannot account for a student outside, the operator is to secure the bus, take the key, and check around and underneath the bus. Ensure the red loading lights stay activated and traffic remains stopped while checking outside the bus.

12.2.c.9. prepare to leave when all students are accounted for by:

12.2.c.9.A. closing the door.

12.2.c.9.B. fastening the seat belt.

12.2.c.9.C. starting the engine.

12.2.c.9.D. engaging the transmission.

12.2.c.9.E. releasing the parking brake.

12.2.c.9.F. turning off alternating flashing red lights.

12.2.c.9.G. checking all mirrors again.

12.2.c.9.H. allowing congested traffic to disperse.

12.2.d. When it is safe, the operator shall move the bus to enter traffic flow and continue the route.

12.2.e The loading procedure is essentially the same wherever students are loaded, but there are slight differences. When students are loading at the school campus, the operator should:

12.2.e.1. turn off the ignition switch.

12.2.e.2. remove key if leaving the operator's compartment. The operator's compartment shall be defined as the area directly adjacent to the operator's seat and forward of the front seat barrier.

12.2.e.3. position himself/herself to supervise loading as required or recommended by local regulations.

12.3. Unloading Procedures on the Route.

12.3.a. When unloading students on the route, the operator shall:

12.3.a.1. perform a safe stop at designated unloading areas as described in section 12.1.b.

12.3.a.2. have the students remain seated until told to exit.

12.3.a.3. check all mirrors.

12.3.a.4. count the number of students while unloading to confirm the location of all students before pulling away from the stop.

12.3.a.5. assure that all exiting students are at their authorized stop. Tell students to exit the bus and walk at least ten feet away from the side of the bus to a position where the operator can plainly see all students.

12.3.a.6. check all mirrors again. Make sure no students are around or returning to the bus.

12.3.b. If the operator cannot account for a student outside the bus, the operator shall secure the bus and check around and underneath the bus. Ensure the red loading lights stay activated and traffic remains stopped while checking outside the bus.

12.3.c. When all students are accounted for, the operator shall prepare to leave by:

12.3.c.1. closing the door.

12.3.c.2. starting the engine.

12.3.c.3. fastening the seat belt.

12.3.c.4. engaging transmission.

12.3.c.5. releasing parking brake.

12.3.c.6. turning off alternating flashing red lights.

12.3.c.7. checking all mirrors again.

12.3.c.8. allowing congested traffic to disperse.

12.3.d. When it is safe, the operator shall move the bus, enter the traffic flow, and continue the route.

12.3.e. If an operator has missed a student's unloading stop, he/she shall not back up. The operator shall be sure to follow local procedures.

12.4. Additional Procedures for Students Who Must Cross the Roadway.

12.4.a. If a student or students must cross the roadway, they shall follow these procedures:

12.4.a.1. students shall walk approximately ten feet away from the side of the bus to a position where the operator can see them.

12.4.a.2. students shall walk to a location at least ten feet in front of the right corner of the bumper, but still remaining away from the front of the bus.

12.4.a.3. students shall stop at the right edge of the roadway. The operator should be able to see the student's feet.

12.4.a.4. when students reach the edge of the roadway, they shall:

12.4.a.4.A. stop and look in all directions, making sure the roadway is clear and safe.

12.4.a.4.B. check to see if the red flashing lights on the bus are still flashing.

12.4.a.4.C. wait for the operator's signal before crossing the roadway. The signal shall consist of the "thumbs up" method. External PA shall be an acceptable alternative.

12.4.a.4.D. upon the operator's signal, cross far enough in front of the bus to be in view of the operator.

12.4.a.4.E. stop at the left edge of the bus stop and look again for the operator's signal to continue to cross the roadway.

12.4.a.5.F. look for traffic in both directions, making sure roadway is clear.

12.4.a.6.G. students shall proceed across the roadway, continuing to look in all directions.

12.5. Unloading Procedures at School.

12.5.a. When unloading at the school, the operator shall follow these procedures:

12.5.a.1. perform a safe stop at designated unloading areas as described in section 12.1.b.

12.5.a.2. secure the bus by:

12.5.a.2.A. turning off the ignition switch.

12.5.a.2.B. removing key if leaving operator's compartment with students on board.

12.5.a.2.C. having the students remain seated until told to exit.

12.5.a.2.D. positioning himself/herself to supervise unloading as required or recommended by state or local regulations.

12.5.a.2.E. having students exit in orderly fashion.

12.5.a.2.F. observing students as they step from bus to see that all move promptly away from the unloading area.

12.5.a.2.G. walking through the bus and checking for hiding/sleeping students and items left by students.

12.5.a.2.H. checking all mirrors.

12.5.a.2.I. making certain no students are returning to the bus.

12.5.a.2.J. checking around and underneath the bus if the operator cannot account for a student outside the bus and the bus is secure.

12.5.a.3. when all students are accounted for, the operator will prepare to leave by:

12.5.a.3.A. closing the door.

12.5.a.3.B. fastening the seat belt.

12.5.a.3.C. starting engine.

12.5.a.3.D. engaging the transmission.

12.5.a.3.E. releasing the parking brake.

12.5.a.3.F. turning off alternating flashing red lights.

12.5.a.3.G. turning on left turn signal.

12.5.a.3.H. checking all mirrors again.

12.5.a.3.I. allowing congested traffic to disperse.

12.5.a.4. when it is safe, the operator will pull away from the unloading area.

12.6. Special Dangers of Loading and Unloading.

12.6.a. Dropped or Forgotten Objects. The operator shall always focus on students as they approach and leave the bus and watch for any who disappear from sight.

12.6.b. Handrail Hang-ups. Clothing, accessories, or parts of students' bodies can get caught in the handrail or door as they enter or exit the bus. Closely observe all students exiting the bus to confirm that they are in a safe location prior to moving the bus.

12.6.c. The operator shall report to the appropriate law enforcement official any motorist who violates the state law regarding the stopping of motor vehicles when a bus is loading and unloading in accordance with W.Va. Code § 17C-12-7 and 17C-12-9.

12.7. Railroad-highway Crossing Procedures (Per W.Va. Code § 17C-12-3 certain vehicles must stop at all railroad grade crossings).

12.7.a. When approaching the crossing, the operator shall:

12.7.a.1. slow down, including shifting to a lower gear in a manual transmission bus and testing the brakes.

12.7.a.2. activate hazard lights approximately 200 feet before the crossing. Make sure his/her intentions are known.

12.7.a.3. scan the surroundings and check for traffic behind the bus.

12.7.a.4. stay to the right of the roadway if possible.

12.7.a.5. choose an escape route in the event of a brake failure or problems behind the bus.

12.7.b. At the crossing, the operator shall:

12.7.b.1. stop no closer than 15 feet and no farther than 50 feet from the nearest rail, where the operator has the best view of the tracks.

12.7.b.2. place the transmission in Park, or if there is no Park shift point, in Neutral and press down on the service brake or set the parking brake.

12.7.b.3. turn off all radios and noisy equipment and silence the passengers.

12.7.b.4. open the service door and operator's window. Look and listen for an approaching train. If a train is present, close door, set park brake and wait for train to pass.

12.7.c. Crossing the track, the operator shall:

12.7.c.1. check the crossing signals again before proceeding. Close the entrance door.

12.7.c.2. stop only before the first set of tracks if at a multiple track crossing. When certain no train is approaching on any track, proceed across all of the tracks until the bus has completely cleared them. Close the operator's window, turn the emergency flashers off, and continue the route.

12.7.c.3. cross the tracks in a low gear. Do not change gears while crossing.

12.7.c.4. drive through the gate if it comes down after the bus has started across even if it means the bus will break the gate.

12.7.d. Special situations.

12.7.d.1. Bus stalls or trapped on tracks.

12.7.d.1.A. If the bus stalls or is trapped on the tracks, the operator shall get all passengers out of the bus and off the tracks immediately.

12.7.d.1.B. The operator shall move everyone far from the bus at an angle, which is both away from the tracks and toward the train.

12.7.d.2. Police officer at the crossing.

12.7.d.2.A. If a police officer is at the crossing, the operator shall obey directions.

12.7.d.2.B. If there is no police officer and the operator believes the signal is malfunctioning, the operator shall call his/her dispatcher to report the situation and ask for instructions on how to proceed.

12.7.d.3. Obstructed view of tracks.

12.7.d.3.A. The operator shall not attempt to cross the tracks unless he/she can see far enough down the track to know for certain that no trains are approaching.

12.7.d.3.B. Operators are to be especially careful at "passive" crossings. Passive crossings are those that do not have any type of traffic control device.

12.7.d.3.C. Even if there are active railroad signals that indicate the tracks are clear, the operator must look and listen to be sure it is safe to proceed.

12.7.d.4. Containment or storage areas.

12.7.d.4.A. Operators shall know the length of their buses and the size of the containment area at highway-rail crossings on the bus route, as well as any crossings the buses encounter in the course of a school activity trip.

12.7.d.4.B. The operator shall add 15 feet to the length of the bus to determine an acceptable amount of containment or storage area.

12.7.d.4.C. When approaching a crossing with a signal or stop sign on the opposite side, the operator shall pay attention to the amount of room there.

12.7.d.4.D. The operator shall be certain the bus has enough containment or storage area to completely clear the railroad tracks on the other side if there is a need to stop.

W. Va. Code R. § 126-92-12