Pupil Transportation in Vehicles Other Than School Buses

PURPOSE: Section 304.060, RSMo, authorizes vehicles other than approved school buses to be used for transportation of students. This rule establishes standards for transportation in other than approved school buses. (1) Requirements for transportation of students in vehicles designed for transporting more than ten (10) passengers including the driver. (A) After July 1, 2001, newly purchased, newly leased, newly placed into service, newly contracted vehicles, or vehicles re-placed under contracted services with a rated capacity, as defined by the manufacturer, to carry more than ten (10) passengers including the driver that are used to transport students to or from school or to transport students to or from any place for educational purposes or school purposes shall meet state and federal specification and safety standards applicable to school buses. Contract common carriers meeting federal Department of Transportation standards may be used for field trips as outlined in section (3) of this rule. (2) Requirements for transportation of students in vehicles designed for transporting ten (10) passengers or fewer including the driver. (A) The number of passengers, including students and driver, that may be transported at any one (1) time shall be limited to the number the manufacturer suggests as appropriate for that vehicle in accordance with section 304.060, RSMo, or if not posted in the vehicle, then limited to the number of seat belts in the vehicle. (B) The driver and each passenger shall be properly secured with the appropriate seat restraint at all times while the vehicle is in motion. (C) Motor vehicles designed for enclosed passenger transportation may be used subject to approval by the local board of education. (D) Motor vehicles shall be licensed according to law and shall display a current state safety inspection sticker. (E) The driver of a district-owned or district-contracted vehicle shall have a valid Missouri operator’s license for the motor vehicle. (F) The driver of a privately owned vehicle transporting students to and from school or school-related events on the school district’s behalf shall have a valid Missouri operator’s license for the vehicle operated. (G) Motor vehicles shall have liability insurance coverage in accordance with section 537.610, RSMo, and as required by the local board of education. (H) When transportation service in motor vehicles other than those licensed as school buses is contracted, there shall be a written contract between the district and the individual or firm providing the service. (3) Requirements for Transportation of Students in Authorized Common Carriers. (A) Authorized common carriers shall only be used to transport students to and from field trips or other special trips for educational purposes and shall not be used to transport students to and from school. Authorized common carriers, as used in this rule, are over-the-road intercity-type coaches equipped with reclining seats and air conditioning. Authorized common carriers must also hold authority from the Missouri Department of Transportation, Motor Carrier Services, or the Federal Motor Carrier Safety Administration. (B) There shall be a written contract between the district and individual or firm providing the vehicle. (C) All contracts with authorized common carriers shall include: 1. Proof of liability insurance in the amount of five (5) million dollars per accident; and 2. Proof of safety inspection and compliance with applicable Federal Motor Carrier Safety Regulations. (D) The driver of an authorized common carrier shall hold a valid Missouri commercial driver’s license or a similar license valid in any other state and shall comply with all applicable driver qualifications of the Federal Motor Carrier Safety Regulations. AUTHORITY: section 161.092, RSMo 2016, and section 304.060, RSMo Supp. 2022.* This rule was previously filed as 5 CSR 40261.045. Original rule filed Sept. 15, 1977, effective Jan. 16, 1978. Amended: Filed July 23, 1987, effective Oct. 25, 1987. Amended: Filed May 23, 1991, effective Dec. 9, 1991. Amended: Filed Aug. 31, 1992, effective April 8, 1993. Emergency rule filed June 26, 1996, effective July 6, 1996, expired Jan. 1, 1997. Amended: Filed July 9, 1996, effective Feb. 28, 1997. Rescinded and readopted: Filed March 22, 2000, effective Oct. 30, 2000. Amended: Filed March 20, 2020, AND SECONDARY EDUCATION effective Oct. 30, 2020. Amended: Filed Dec. 28, 2022, effective Aug. 30, 2023. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014, and 304.060, RSMo 1949, amended 1977, 1987, 1992, 2018.