New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 41 - TRANSPORTATION - SCHOOL BUS SAFETY › Part 4 - STANDARD FOR PROVIDING TRANSPORTATION FOR ELIGIBLE STUDENTS › Section 6.41.4.14 - USING SPORT UTILITY VEHICLES (SUVS) FOR TO-AND-FROM TRANSPORTATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General
				requirements. An LEA electing to transport students in an SUV on a to-and-from
				route shall:
(1) be limited to
				transport up to six students who are enrolled in the LEA;
(2) only transport students whose residence
				is within the boundaries of the LEA, with the exception of those students in
				foster care or homeless children and youth as required as part of the best
				interest determination;
(3) only
				transport students who live five or more miles from the student's or students'
				school, with the exception of those students in foster care or homeless
				children and youth as required as part of the best interest
				determination;
(4) require that the
				SUV driver be an LEA employee certified as a school-owned activity vehicle
				driver;
(5) require that the driver
				meet all federal, state, and department qualifications and licensing
				requirements. The driver shall:
(a) allow the
				LEA to obtain the driver's driving record through the New Mexico motor vehicle
				division, or the national driver register or other states' motor vehicle
				divisions;
(b) satisfactorily
				complete a physical examination using the current DOT physical examination
				form:
(i) physical examination shall be
				renewed every 24 months from the date of the last examination or before as
				specified by a licensed medical professional;
(ii) additional physical examinations shall
				be required at any other time at the request of the LEA or the department's
				transportation bureau;
(iii) all
				physical examinations shall be conducted by a licensed medical
				professional;
(c) meet
				the requirements of the Controlled Substances and Alcohol Use and Testing in
				accordance with 49 CFR Part 382;
(6) require that the driver complete
				pre-service training as outlined in department guidance. The pre-service
				training shall be provided only by a school bus driver instructor that has
				activity vehicle certification or an activity vehicle instructor that has been
				certified by the department;
(7)
				require the SUV driver transporting students on to-and-from routes to obtain
				two hours of in-service training per semester;
(8) be required to insure both the SUV and
				SUV driver through the public school insurance authority;
(9) establish written procedures for an
				immediate substitute SUV or school bus should an SUV fail to meet pre-trip
				inspection requirements; the substitute SUV or school bus shall meet all
				pre-trip requirements;
(10) require
				the SUV driver to immediately report in writing on the appropriate form(s)
				signed by the SUV driver any faulty or improperly functioning equipment to the
				transportation administrator or their designee;
(11) require all passengers to enter and exit
				on the passenger side of the SUV;
(12) require the SUV driver to ensure that no
				student remains in the SUV at the conclusion of the route;
(13) be required to have the vehicle
				inspected semi-annually by an authorized dealer including the manufacturer's
				recommended multi-point inspection. An inspection shall not occur within 90
				days from the prior inspection. All inspections shall occur during the school
				year. Any defects found by the dealer shall be repaired prior to the vehicle
				being used to transport students. The vehicle shall be considered out of
				service until all defects are repaired by the dealer. The semi-annual
				inspections shall be submitted to the department's transportation bureau along
				with the documentation of all repaired defects;
(14) require the SUV driver to conduct a
				daily, thorough pre-trip operational check of the SUV and equipment; the
				pre-trip shall be documented and shall cover at a minimum:
(a) wheels, tires, lug bolts, and nuts for
				serviceability;
(b) all exterior
				lights for serviceability and operation;
(c) all glass, mirrors, windshields (clean,
				unbroken and mirrors adjusted for the driver);
(d) exhaust system for leaks and looseness of
				connections;
(e) fluid leaks under
				and in the front (oil, water, power steering, transmission, brakes) and in the
				rear (brakes and differential);
(f)
				engine compartment for serviceability (battery, belts, wiring, hoses,
				fan);
(g) engine compartment for
				fluid levels (oil, engine coolant, power steering, brake, windshield washer,
				transmission);
(h) fuel filler
				cap;
(i) all gauges, seats, and
				interior lights;
(j) horn and
				windshield wipers;
(k) emergency
				equipment;
(l) cleanliness of
				SUV;
(m) electronic locks;
				and
(n) heaters and
				defrosters;
(15) not
				allow the SUV driver to operate the SUV if it does not meet the pre-trip
				inspection requirements;
(16) not
				allow an employee to operate an SUV for to-and-from transportation if the
				person's driving record shows:
(a) a
				conviction for driving a vehicle while intoxicated (DWI) or driving under the
				influence of intoxicating liquor or drugs (DUI) within the previous three
				years;
(b) a conviction for DWI or
				DUI between three years and 20 years prior to the date of application for
				employment unless a written verification from a licensed counselor or physician
				has been provided that the person has successfully completed an alcohol or drug
				abuse program. On-line programs are not acceptable;
(c) a conviction two or more times for DWI or
				DUI;
(d) their driver's license has
				been suspended or revoked within the previous five years for any serious
				traffic offense;
(e) a conviction
				of more than three serious traffic offenses within the previous three
				years;
(f) a conviction of any
				felony within the previous 10 years, or there exist other reasonable grounds
				related to the services of transporting students rendering the applicant
				ineligible;
(17) not
				allow an employee to operate an SUV for to-and-from transportation if the
				person's fingerprint-based background check shows:
(a) a conviction for any violation of the
				Controlled Substances Act;
(b) a
				conviction of child abuse pursuant to Section 30-6, NMSA 1978, Crimes Against
				Children and Dependents; or
(c)
				conviction of any other criminal offense in which a child was a victim as
				required by the offense; and
(18) ensure all SUVs shall be alcohol, drug
				and tobacco free areas. Prior to or during work periods, all SUV drivers shall
				not use alcoholic beverages, illegal substances, or legal substances which
				would impair the driver's ability to perform required duties.
(19) ensure that student evacuation drills or
				adequate alternate instruction are conducted pursuant to Paragraph (3) of
				Subsection C of
				6.41.4.9
				NMAC.
(20) adopt a policy defining
				the replacement cycle for SUVs.