Licensing of Operators of School Buses and Operators of School Pupil Transport Vehicles

(1) Purpose, Scope and Applicability. 540 CMR 2.15 establishes uniform standards and requirements for the issuance of a Registry of Motor Vehicles license to operate a school bus pursuant to M.G.L. c. 6C, § 56 and c. 90, § 8A. Such license to operate a school bus is also referred to as a school bus operator’s certificate. (2A) General Qualifications for School Bus Operators. A person seeking a school bus operator’s certificate shall submit such application and additional information as maybe required by the Registrar of Motor Vehicles. In addition to satisfying all requirements established by M.G.L. c. 90, § 8A, in order to obtain and retain a school bus operator’s certificate, a person must: (a) be the holder of a valid driver’s license; (b) be competent by reason of driving performance and experience or training, to operate properly and safely the type of school bus which the person will be required to operate; (c) be familiar with the law, rules and regulations pertaining to the operation of motor vehicles as well as the laws, rules, regulations, policies and procedures for the type of bus they are driving; (d) be able to read, write and speak the English Language; (e) pass a skills test in which the person operates a school bus, equipped as provided in M.G.L. c. 90, § 7B and 540 CMR 7.00: Minimum Standards for Construction and Equipment of School Buses, over a definite course or courses designated by the Registrar of Motor Vehicles, or his or her designee. As part of the test, the operator shall be required to demonstrate his or her ability to operate the school bus and the safety equipment and devices with which said bus is equipped; and the ability to start, stop, back, park the bus and to turn the bus around in a safe and proper manner, or perform any other movement as required by the Registrar of Motor Vehicles, or his or her designee; (f) satisfy the medical qualifications in 540 CMR 2.15(3A) and (3B); and (g) establish lawful presence in the United States, as defined in M.G.L. c. 90, § 1, for the entire period covered by the certificate. (2B) General Qualifications for School Pupil Transport Operators. (a) A person seeking a school pupil operator’s certificate pursuant to M.G.L. c. 90, § 8A½ shall submit such application and additional information as may be required by the Registrar of Motor Vehicles, and shall: 1. be the holder of a valid driver’s license issued under authority of M.G.L. c. 90, § 8. 2. be competent by reason of driving performance and experience or training, to operate properly and safely the type of vehicle which the person will be required to operate; 3. be familiar with the law, rules and regulations pertaining to the operation of motor vehicles; 4. satisfy the medical qualifications in 540 CMR 2.15(3A) and (3B); 5. complete a minimum of two hours of pre-service training prior to receiving the certificate, which pre service training must be given by a Trainer or Certified School Bus Instructor and records relating thereto must be prepared and maintained by the company; and 6. establish lawful presence in the United States, as defined in M.G.L. c. 90, § 1, for the entire period covered by the certificate. (b) The holder of a school pupil transport operator's certificate must also complete a minimum of eight hours of in service training per year (ten hours in the first year). (3A) Medical Qualifications for Licensing of Operators of School Buses and Operators of 7D School Pupil Transport Vehicles. The provisions of 540 CMR 2.15(3A) shall apply to all applicants for a school bus operator certificate or 7D school pupil transport vehicle certificate. The terms used in 540 CMR 2.15(3A) shall have the same meaning as defined in 540 CMR 24.00. In order to be eligible for a school bus operator’s certificate and school pupil transport vehicle 7D certificate, a person shall: (a) have a distant visual acuity of at least 20/40 (Snellen) in each eye, with or without corrective lenses (excluding bioptic telescopic lenses); a combined horizontal peripheral field of vision of not less than 120; and the ability to distinguish the colors red, green, and amber. Persons requiring corrective lenses shall wear properly prescribed lenses at all times when operating a school bus or school pupil transport vehicle; (b) first perceive a forced whispered voice in the better ear at not less than five feet with or without the use of a hearing aid or, if tested by use of an audiometric device, does not have an average hearing loss in the better ear greater than 40 decibels at 500 Hz, 1000 Hz, and 2000 Hz, with or without a hearing aid, when the audiometric device is calibrated to American National Standard (formerly ASA standard); (c) have an O2 saturation rate of greater than 88%, at rest or with minimal exertion, with or without supplemental oxygen; (d) have no current diagnosis of epilepsy subject to the following exception; Exceptions: Licensees or applicants who have had a diagnosis of epilepsyor seizure disorder may be eligible to receive a school bus operator certificate or class 7D or 7D½ school pupil transport vehicle learner’s permit, or license upon meeting the following conditions: 1. the individual possesses a current valid operator’s driver license; 2. the individual has been off of all anti-seizure medication for five years; 3. the individual has not had a seizure for five years as certified by a board certified neurologist; 4. the individual provides a board certified neurologist licensed to practice in Massachusetts with a complete written medical history including, but not limited to, all hospitalization reports, consultation notes for diagnostic examinations, all results of Electroencephalograms (EEGs) performed; 5. the individual is examined annually by a board certified neurologist licensed to practice in Massachusetts and a complete School Pupil Transport Epilepsy Medical Evaluation Form, issued by the Registry of Motor Vehicles, is: a. certified by the examining neurologist; b. signed by the license applicant; and c. submitted to the RMV annually. 6. the individual has an Electroencephalogram (EEG) performed, with no epileptiform discharges, after anti-seizure medications have been stopped; (e) not be classified according to the American Heart Association (AHA) functional classification system as an AHA functional Class III or IV heart patient or shall not have had an implanted cardiac defibrillator (AICD) placed for a “sudden death event”. Such applicants shall not be eligible for an active school bus operator’s certificate or a 7D school pupil transport vehicle learner’s permit or license until a six-month period has elapsed during which there is documentation of no episodes of appropriate device firing. Individuals for whom the AICD is placed purely for prophylactic reason will not be subject to this “waiting” period. However, if such individuals are determined to have an AICD that appropriately “fires”, they will be considered the same as an individual who has had a “sudden death event” and be subject to the six-month period during which there is documentation of no episodes of appropriate device firing; (f) have no loss of foot, leg, hand, or arm likely to interfere with safe driving; have no impairment of use of foot, leg, fingers, hand, or arm likely to interfere with safe driving; or have no other physical condition or limitation likely to interfere with safe driving; (g) have no mental, nervous, organic, or functional disease likely to interfere with safe driving; (h) have no contagious or communicable disease; (i) not be addicted to the use of narcotics or habit forming drugs or tranquilizers or stimulants or the excessive use of alcoholic beverages or liquors; (j) if currently diagnosed as having diabetes mellitus, have never had a hypoglycemic episode or spell, as certified by a physician, and not be insulin dependent, subject to the specific exceptions identified in 540 CMR 2.15(3A)(j): Exceptions. Exceptions: Diabetic licensees or applicants who use insulin to control their diabetes or who have had a serious hypoglycemic event are eligible to receive a school bus operator certificate or class 7D school pupil transport vehicle learner’s permit or license upon meeting the following conditions: 1. The individual possesses a current valid operator’s driver license; 2. The individual is not diagnosed with “hypoglycemic unawareness”, defined as the inability to recognize the early symptoms of hypoglycemia such as sweating, anxiety, forceful heartbeat, light-headedness, and/or confusion; 3. The individual has not had within the last three years a “serious hypoglycemic event”, defined as a hypoglycemic episode or event so severe that it interfered with on-going activities or it required the assistance or aid of another person, as certified by a Massachusetts board certified or board eligible endocrinologist. 4. The individual provides a Massachusetts certified or board eligible endocrinologist with a complete written medical history including, but not limited to, the date insulin use began, all hospitalization reports, consultation notes for diagnostic examinations, all results of studies conducted for diabetes, and follow-up reports and reports of any hypoglycemic insulin reactions within the last three years. 5. The individual is examined by a Massachusetts board certified or board eligible endocrinologist every six months and a complete School Pupil Transport Diabetes Medical Evaluation Form, issued by the Registry of Motor Vehicles, is: a. certified by the examining endocrinologist; b. signed by the license applicant; and c. submitted to the RMV every six months. 6. The endocrinologist signed statement on the School Pupil Transport Diabetes Medical Evaluation Form certifies the following medical determinations: a. The endocrinologist is familiar with the applicant’s medical history for the past three years either through actual treatment over that time or through consultation with a physician, physician’s assistant, or nurse practitioner who has treated the applicant during that time. Review of a complete written medical history for the past three years may be substituted for actual consultation with the other physician; b. If applicable, the applicant has been on a stable insulin regimen to control his or her diabetes on the date of application; c. The applicant does not have severe hypoglycemic episodes, events or altered consciousness that interfered with on-going activities or required assistance of another person to regain control; d. The applicant does not have hypoglycemic unawareness or the inability to recognize the early symptoms of hypoglycemia such as sweating, anxiety, forceful heartbeat, and light-headedness and/or confusion; e. Within the past three years, the applicant has not had an hypoglycemic reaction, at any time, that resulted in any change in mental status that would have been, in the examining endocrinologist’s opinion, detrimental to the safe operation of a school bus or school pupil transport vehicle; f. Complications of the applicant’s diabetic condition, such as neuropathy, visual impairment or cognitive impairment will not adversely affect his or her ability to operate a school bus or school pupil transport vehicle; g. The applicant has been educated in diabetes and its management, thoroughly informed of and understands the procedures which must be followed to monitor and manage his or her diabetes and the procedures that should be followed if complications arise bya National Standard for Diabetes Self-Management Education Program; and h. The applicant has the ability and has demonstrated willingness to properly monitor and manage his or her diabetes including signing the School Pupil Transport Diabetes Medical Evaluation Form, as witnessed by the treating endocrinologist, that the applicant understands his or her medical regime and agrees to comply with all criteria concerning eligibility for the 7D license or School Bus Certificate. 7. The following special conditions are required for the issuance of a 7D license or School Bus Certificate to any driver who uses insulin to control their diabetes. Each driver must: a. Carry, use, and record, in a log, the readings from a portable self-monitoring blood-glucose device (SMBG) that is equipped with a computerized memory, including date and time of test. Blood glucose monitoring must be performed immediately prior to driving and every four hours thereafter while on duty. Paper tapes generated by SMBGs having a printing capability may be used in lieu of a log prepared by the driver. Log records of blood glucose values (with time and date) must be available to law enforcement or authorized registry personnel upon request. Log records must also be submitted to the certifying endocrinologist for each renewal application; b. Carry upon your person at all times and use, as necessary, a source of rapidly absorbable glucose; c. Not operate a school bus or a school pupil transport vehicle, unless blood glucose measures within the target parameters of 80 and 350; i. If blood glucose measures between 60 and 79 then operator cannot operate a school bus or school pupil transport vehicle until blood glucose measure is within the target parameters defined in 540 CMR 2.15(3A)(j)7.c.; ii. If blood glucose measures below 60 then the operator cannot operate a school bus or school pupil transport vehicle until certified as “safe to operate” by a Massachusetts board certified or board eligible endocrinologist; iii. If blood glucose measures 350 or more then the operator cannot operate a school bus or school pupil transport vehicle until certified as “safe to operate” by a Massachusetts board certified or board eligible endocrinologist; d. Report and surrender his or her 7D license, permit or School Bus Certificate immediately to the Registry of Motor Vehicles if a serious hypoglycemic event should occur; e. Submit a glucose log within 15 days of a serious hypoglycemic event to the treating endocrinologist; f. Acknowledge every six months through signature and in the presence of their treating endocrinologist that he or she understands and will adhere to the special conditions of his or her 7D license, permit or School Bus Operator Certificate. The Registrar of Motor Vehicles, or his or her designee, may require such evidence of satisfaction of the medical qualification criteria as he or she deems appropriate, or may modify these standards as an individual case may require. (3B) Medical Qualifications Applicable to Existing School Bus Operator’s and School Pupil Transport Operator’s Licenses. Except for those applicants or licensees who are diagnosed as diabetic and who use insulin to control their diabetes and except for those applicants or licensees who have had a serious hypoglycemic event as defined in 540 CMR 2.15(3A)(j), an individual who is unable to meet the medical qualification standards of 540 CMR 2.15(3A), but who held a valid school bus operator certificate or class 7D school pupil transport license as of the effective date of 540 CMR 2.15(3A), shall be eligible to retain or renew such certificate or license, provided: (a) he or she satisfies the following medical qualification standards: 1. In order to be eligible for a school bus operator’s certificate, a person shall: a. have no loss of foot, leg, hand, or arm or impairment of use of foot, leg, fingers, hand, or arm, or other physical condition or limitation likely to interfere with safe driving; b. have no mental, nervous, organic, or functional disease nor any heart disease likely to interfere with safe driving; c. have no contagious or communicable disease; d. have visual acuity, either without lenses or by correction, of at least 20/40 (Snellen) in one eye and 20/100 in the other eye; form field of vision in the horizontal meridian of not less than a total of 140; reading ability with both eyes together of at least 20/40 corrected; and the ability to distinguish the colors red, green, and yellow. Persons requiring correction by lenses shall wear properly prescribed lenses at all times when operating a school bus. e. have hearing of not less than 10/20 in the better ear, for conversational tones without a hearing aid; and f. not be addicted to the use of narcotics or habit forming drugs, or tranquilizers or stimulants or the excessive use of alcoholic beverages or liquors. The Registrar of Motor Vehicles, or his or her designee, may require such evidence of satisfaction of the medical qualification criteria as he or she deems appropriate. 2. In order to be eligible to operate a class 7D school pupil transport vehicle, an individual must: a. have the ability to hear normal conversational sounds; b. not have a loss of foot, leg, hand, or arm, or other physical defect or limitation likely to interfere with safe driving; c. be free from any mental, nervous, heart, organic or functional disease likely to interfere with safe driving; d. be free from addiction to use of narcotics, or habit forming drugs, alcoholic beverages or liquors; e. not have a “G” restriction (limit to daylight only) on the driver’s license. (b) he or she provides a certification from his or her physician, physician assistant, or nurse practitioner, that, to a reasonable degree of medical certainty, the individual is medically qualified to safely operate a school bus or school pupil transport vehicle, as the case may be, and perform the other functions associated with such operation; and (c) the Registry has no other cause to believe, based upon the individual’s driving history or otherwise, that the individual cannot safely operate such motor vehicle. (4) Evidence of Certification; Suspension, Revocation of Certificate. (a) While operating a school bus, operators shall have on their person, or in some easily accessible place, their school bus operator’s certificate, in addition to their motor vehicle operator’s license. On the request of a police officer or other person authorized by the Registrar of Motor Vehicles, a school bus operator shall permit such officer or person to examine the school bus operator’s certificate in hand, and shall sign his or her name if requested to do so by such officer or person. (b) The Registrar of Motor Vehicles may suspend or revoke a school bus operator’s certificate in accordance with the provisions of M.G.L. c. 90, § 8A. He or she may also suspend or revoke a school pupil transport operator’s certificate in accordance with the provisions of M.G.L. c. 90, § 8A ½. The suspension or revocation of the motor vehicle operator’s license of any holder of a school bus operator’s certificate or a school pupil transport certificate shall result in the automatic revocation of the school bus operator’s certificate or a school pupil transport certificate, as applicable. Anyperson whose school bus operator’s certificate or school pupil transport certificate is suspended or revoked shall immediately surrender the certificate to the Registrar of Motor Vehicles, or his or her designee. (c) When the Registrar receives notice that the holder of a school bus operator’s certificate or school pupil transport operator’s certificate has been criminally charged with an offense involving a threat to the public safety, or has been the subject of a report to the Department of Children and Families pursuant to M.G.L. c. 119, § 51A, the Registrar shall immediately suspend such certificate(s) pending the resolution of said proceedings. The Registrar shall not restore said certificate(s) unless the M.G.L. c. 119, § 51A report is dismissed or any criminal prosecution has terminated in the defendant’s favor.