Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 91 - REGULATIONS GOVERNING DRIVER QUALIFICATIONS & OPERATIONAL PROCEDURES FOR PUPIL TRANSPORTATION VEHICLES › Section 92-91-002 - Definitions

Current through June 17, 2024
002.01
Activity Bus
means a motor vehicle with motive power, except a trailer, designed or modified
				by the manufacturer, distributor or dealer for carrying eleven (11) or more
				passengers, excluding the driver, which at any time would be used to carry
				school children and school personnel exclusively on a school activity trip from
				a given location to a second location without stopping to load or unload
				children or control traffic on public highways, provided that such
				transportation service is sponsored and approved by the local school governing
				board. This includes Multi-Function School Activity Bus as defined in
				49
				CFR 571.3 and does not preclude the use of a
				school bus as an activity bus.
002.02
Activity Trip
means the transportation of children, pupils, and school personnel to and from
				a given location to a second or subsequent location or locations without
				stopping to load or unload the passengers on the public highways for the
				purpose of transporting the passengers to any activity or event sanctioned,
				authorized or sponsored by the school district or the local school's governing
				board.
002.03
"Behind
				the Wheel" Training and Pre-Service Evaluation
means an
				orientation prescribed by the Commissioner of Education and conducted by any
				driver holding a current school bus permit or who is qualified to drive a pupil
				transportation vehicle.
002.04
Motor Coach Bus
means a vehicle not designed primarily
				for the transportation of school children to and from school and school related
				activities, but as a commercial motor vehicle as a part of the operation of a
				common or contract carrier, as those terms are defined in Section
				75-302
				R.R.S., with a Gross Vehicle Weight of greater than 33,000 lbs., with a
				semi-monocoque/monocogue unitized body construction and which has only high
				back seats, under-the-floor storage, and is designed to seat at least 32
				passengers. For purposes of this Section, monocogue means a design where the
				skin or shell of the vehicle acts as a single unit with the supporting frame
				and semi-monocogue means a design where the skin or shell of the vehicle acts,
				to some extent, as a single unit with the supporting frame. Such buses are also
				commonly known as "over-the-road coaches."
002.05
Level I Instructional
				Course
means a minimum of an eleven (11) instructional program for
				individuals who will be operating school buses and a minimum of three (3) hour
				instructional program for drivers of small vehicles on routes, prescribed by
				the Commissioner of Education, conducted by an instructor approved by the
				Commissioner. The course and is valid for five (5) years.
002.06
Level I Waiver
				Examination
means an examination ee approved by the Commissioner
				of Education that may be taken prior to attending the Level I Instructional
				Course for which a passing score on the waiver examination temporarily fulfills
				the Level I requirement for an individual to drive a pupil transportation
				vehicle for the first time. Sixty (60) days after being issued, the waiver
				expires.
002.07
Level
				II Instructional Course
means a minimum of a three (3) hour
				in-class instructional program, that is prescribed by the Commissioner of
				Education conducted by an instructor approved by the Commissioner and is valid
				for five (5) years.
002.08
Level II Waiver Examination
means an examination
				approved by the Commissioner of Education that may be taken prior to attending
				the Level II Instructional Course for which a passing score on the waiver
				examination temporarily fulfills the Level II requirement for an individual to
				drive a pupil transportation vehicle. The applicant must complete the entire
				Level II Instructional Course within sixty (60) days of passing the Level II
				Waiver Examination.
002.09
Students
means school students, pupils and children
				and will be used interchangeably throughout this Chapter.
002.10
School Bus
means a motor vehicle with motive power, except a trailer, designed or modified
				by the manufacturer, distributor or dealer for carrying eleven (11) or more
				passengers, excluding the driver, meeting or exceeding Nebraska Pupil Vehicle
				Minimum Standards (92 NAC 92); which at any time is used to carry school
				children and school personnel exclusively that is sponsored and approved by the
				local school governing board. School bus includes an Activity Bus (as defined
				in this Chapter) and a Multi-Function School Activity Bus (MFSAB) as defined in
				49
				CFR 571.3 except where otherwise provided in
				92 NAC 92. Vehicles that only carry school children along with other passengers
				as a part of the operation of a common carrier under the jurisdiction of the
				United States Department of Transportation, Nebraska Public Services
				Commission, Nebraska State Patrol Carrier Enforcement, or the Nebraska
				Department of Motor Vehicles Division of Motor Carrier Services are not
				included with the definition of school bus.
002.11
Small Vehicle
means a motor vehicle with motive power, except a trailer, designed or modified
				by the manufacturer, distributor or dealer for carrying ten (10) or fewer
				passengers, excluding the driver, meeting or exceeding Nebraska Department of
				Education minimum standards for small vehicles which at any time would be used
				to carry students exclusively that is sponsored and approved by the local
				school governing board. If the seating capacity of the vehicle has been reduced
				to meet the definition of a small vehicle, the manufacturer, distributor, or
				dealer shall recertify the vehicle if required by
				49 CFR
				567.7. The capacity of the vehicle shall be
				posted inside the vehicle in a conspicuous location. The preceding definition
				is not intended to include private motor vehicles used exclusively to carry
				members of the owner's household.
002.11A
				Vehicles that have an original manufacturer's vehicle type classification label
				under
				49 CFR
				567.4 of "bus" and that have an original
				manufacturer's designated seating capacity of 15 persons maximum (e.g.
				15-passenger vans) shall not qualify as a small vehicle.