Section Trans 300.16 - Driver requirements(1) Prior to the start of any trip, the driver, or employer designee, shall check the condition of the bus, giving particular attention to brakes, tires, lights, emergency equipment, mirrors, windows, and interior cleanliness of the bus. Defects shall be reported in writing, or electronic file, to the person in charge of bus maintenance by completing a pre-trip report. In addition to completing a pre-trip report when a defect or unsafe condition is found, an inspection log indicating the date, time, and identification of who completed the inspection must be completed prior to the start of any trip. It is the driver's responsibility to ensure that the pre-trip inspection has been completed prior to the start of any trip. The driver shall be responsible for the cleanliness of the interior of the bus and shall ensure that the windshield and mirrors are clean before each school bus operation and that the strobe light is actuated whenever the bus is in operation on a highway for purposes specified in s. 340.01(56) (a) and (am), Stats.(2) Articles may not be transported within the bus body if there is or may be interference with the safe transportation of pupils or with the driver or if the articles obstruct the aisle, stepwell, or steps. No animal, firearm, or other weapon of any sort, or articles not associated with school activity shall be permitted on a bus without the express, written authorization of the appropriate school administrator. The bus driver shall refuse admittance to any student not presenting the required written authorization. The driver shall designate where all such articles shall be carried in the bus. The provisions of this subsection do not apply to animals specially trained to aid individuals with disabilities which may be permitted in accord with s. 106.52(3) (am), Stats.(3) The driver may not smoke or permit smoking aboard the school bus.(4) A driver may not operate a school bus while under the influence of alcohol or a controlled substance or a combination of alcohol and a controlled substance or permit the use of alcohol or a controlled substance on any school bus. The driver may not operate a school bus if the driver is under any medication, or combination of medication and alcohol, which may affect the safe operation of the bus.(5) Drivers operating a school bus that meets the definition of a commercial motor vehicle shall comply with ss. 346.63(5) and 346.63(7) (a), Stats.(6) Drivers operating a school bus not meeting the definition of a commercial motor vehicle shall comply with the following: (a) A driver may not consume an intoxicating beverage regardless of its alcoholic content within 4 hours before going on duty, or operating, or having physical control of, a school bus.(b) A driver may not consume an intoxicating beverage regardless of its alcoholic content while on duty, or operating, or in physical control of, a school bus.(c) A driver may not have in the driver's possession any alcoholic beverage regardless of its alcoholic content while on duty or operating a school bus.(d) A driver may not operate a school bus while having any measured alcohol concentration above 0.0.(7) The driver shall maintain order among passengers being transported and shall promptly report any misconduct to the proper authority. The driver may assign a seating order.(8) Loading stations or points shall be selected with due regard for traffic and pedestrian safety and shall be approved by school authorities. Flashing warning lights shall be used as required by s. 346.48(2), Stats. The stop arm shall be used in conjunction with the flashing red warning lights and shall be extended only after the bus comes to a stop. Except where there are special loading zones where the bus is entirely off the traveled portion of the highway, the bus shall be stopped on the traveled portion of the highway in the lane farthest to the right which is improved, designed or ordinarily used for vehicular travel, excluding the berm or shoulder. The flashing red warning lights may not be extinguished until loading or unloading is completed and persons who must cross the highway are safely across. The stop arm shall be retracted before putting the bus in motion.(9) A school bus may not be stopped on any portion of a highway for the loading or discharge of pupils or other persons unless the bus is painted the yellow and black school bus color combination, is equipped with a stop signal arm and alternating flashing red or flashing red and amber lights and is identified by a school bus sign. This subsection does not apply to a vehicle which is operating within a municipality and which is not readily identifiable as a school bus. When loading or discharging pupils in a rural area, a vehicle not identifiable as a school bus shall do so off the highway and in such a manner that the pupils do not have to cross the highway.(10) The driver shall make sure that there is no traffic danger before allowing pupils to cross the highway. Pupils obliged to cross the highway shall be required to cross from a point at least 10 feet forward of the standing bus only after receiving a signal from the driver. When discharging passengers the driver may not proceed until all persons are at a safe distance away from the bus or, if crossing the roadways, they are safely across the street or highway. This subsection applies only where alternating flashing red or flashing red and amber lights are required by s. 346.48, Stats., or authorized by s. 349.21, Stats.(11) A driver may not leave the bus unattended with the engine running or the key in the ignition when pupils are in the bus or in the immediate area of the bus.(12) Except as provided in sub. (15), the doors of a bus shall be closed securely before starting and shall remain closed while the bus is in motion. Abrupt starts and stops or sudden maneuvers are prohibited, except in an emergency.(13) The driver may not require nor permit any passenger to stand while the vehicle is in motion except while a passenger is going to a door or seat just prior to stopping or immediately after loading. This does not apply to chaperones or monitors in the performance of their duties. The driver may not permit any passenger to sit anywhere on the bus except in seats provided.(14) The driver may not operate a school bus beyond the legal posted speed limits on any town, county, municipal, state or federal highway.(15) The driver of a school bus required to stop at a railroad crossing by s. 346.45, Stats., shall come to a full stop at a distance of not less than 15 feet nor more than 50 feet before crossing at grade any track of a railroad. The vehicle hazard warning lamps shall be used when the bus is slowing for the stop and shall remain on until the bus has resumed normal speed. While the bus is so stopped, the driver shall open the service door and listen and look in both directions along the track for any approaching train and for signals indicating the approach of a train. After stopping and upon proceeding when it is safe to do so, the driver of the bus shall cross only in the gear of the bus that will make it unnecessary to manually shift gears while traversing the crossing, and the driver may not shift gears while traversing the crossing. The service door shall remain open until the front wheels of the bus have cleared the first set of tracks for each required stop, but shall be closed before shifting.(16) In case of an accident or a breakdown, when practicable, the driver shall remain with the bus and may send 2 responsible pupils or other passengers to the nearest place for help unless aid has been secured by means of 2-way communication.(17) The use of audio headsets by drivers shall be prohibited.(18) Drivers shall check the entire interior of the school bus following each trip to assure all passengers are off the bus.(19) Drivers, school boards, transportation supervisors, and bus owners shall cooperate at all times with authorized division of state patrol personnel in carrying out the inspection of school buses and equipment.(20) No persons except pupils, school employees, chaperones and other persons approved by the school or department authorities shall be permitted to ride in a school bus subject to this chapter, provided that school board members or an authorized department official conducting an inspection of the vehicle or examination of the driver's ability shall be given such privilege. Transportation of passengers in excess of the number posted in the bus is prohibited.Wis. Admin. Code Department of Transportation Trans 300.16
Cr. Register, February, 1983, No. 326, eff. 3-1-83; am. (2), (3), renum. (5) to (15) to be (7) to (16) and (19) and am. (7) to (10), (12), (14) to (16), Cr. (5), (6), (17), (18), (20), Register, February, 1995, No. 470, eff. 3-1-95; am. (2) to (4), (6) (a) to (d), (8) to (11), (13) and (15), Register, December, 1997, No. 504, eff. 1-1-98; am. (1), Register, April, 1999, No. 520, eff. 5-1-99; correction in (2) made under s. 13.92(4) (b) 7, Stats., Register March 2012 No. 675.CR 15-069: am. (1), (8) to (10) Register April 2016 No. 724, eff.5/1/2016Amended by, CR 22-048: am. (2), (4), (6) (c) Register July 2023 No. 811, eff. 8/1/2023