EEAEA ©BUS DRIVER REQUIREMENTS, TRAINING,
AND RESPONSIBILITIES
EEAEA ©Bus drivers employed by the District or employed by contractors who provide transportation services to the District shall comply with applicable provisions of the Commercial Motor Vehicle Safety Act of 1986 and all applicable requirements of the state of Arizona.
Requirements:
A. Bus drivers shall submit an Identity Verified Fingerprint Card as described in A.R.S. 15-106 that the Department of Public Safety shall use to process the fingerprint clearance card as outlined in A.R.S. 15-106. A person who is issued a school bus driver certificate shall maintain a valid Identity Verified Fingerprint Clearance Card for the duration of any school bus driver certification period.
B. Bus driver applicants are required to possess a commercial driver license issued by the Department of Public Safety except that the applicant may possess a commercial driver license issued by another state if the applicant will be driving a school bus for a school district that is adjacent to that state.
C. Bus drivers are required to possess a bus endorsement that is issued by the Department of Transportation and a school bus certificate that is issued by the Department of Public Safety.
Vehicles Described in A.R.S. 15-925
A person shall not operate a vehicle described in A.R.S. 15-925 to transport school children unless the person possesses the appropriate license class for the size of the vehicle being operated, a school bus driver certificate that is issued by the Department of Public Safety and a valid fingerprint clearance card.
Certification and Training
For vehicles designed for sixteen
or more passengers:
A. Meet and maintain the minimum standards prescribed by A.R.S. 28-3228 and rules adopted by the Department of Public Safety in consultation with the Student Transportation Advisory Council established by A.R.S. 28-3053.
B. Complete an initial instructional course on school bus driver safety and training, including behind-the-wheel training and complete any trainings as required by federal law.
C. Complete school transportation safety and training courses as required by the Department of Public Safety.
Drivers of Other Vehicles as
Described in A.R.S. 15-925:
A. Meet and maintain the minimum standards prescribed by A.R.S. 28-3228 and rules adopted by the Department of Public Safety in consultation with the Student Transportation Advisory Council established by A.R.S. 28-3053.
B. Complete school Transportation safety and training courses as required by the Department of Public Safety.
Costs
The District will assume the cost of required physical examinations for all drivers, and the drivers will assume the cost of obtaining valid commercial driver's licenses as required by law.
Transportation Employees:
Prohibitions and Alcohol and
Controlled Substances Testing
The District is committed to the establishment of an alcohol and controlled substances misuse prevention program that meets or exceeds all applicable requirements of the Omnibus Transportation Employee Testing Act of 1991 (Omnibus Act). All statements in this document will be interpreted so as to conform to the Department of Transportation (DOT) rules.
Prohibitions:
Each employee of the District who is required to have a commercial driver's license (CDL) for performance of job functions shall be prohibited from:
1. Reporting for duty or remaining on duty to perform safety-sensitive functions as defined in 49 CFR 382.107 while having an alcohol concentration of 0.04 or greater. [49 CFR 382.201]
2. Being on duty or operating a commercial motor vehicle (school bus) while the driver possesses alcohol, unless the alcohol is manifested and transported as part of a shipment. This includes the possession of medicines containing alcohol (prescription or over-the-counter), unless the packaging seal is unbroken. [49 CFR 382.204]
3. Using alcohol while performing safety-sensitive functions. [49 CFR 382.205]
4. Performing safety-sensitive functions within eight (8) hours after using alcohol. [49 CFR 382.207 and R13-13-104]
5. Using alcohol within eight (8) hours following an accident or prior to undergoing a post-accident alcohol test, whichever comes first. [49 CFR 382.299]
6. Refusing to submit to an alcohol or controlled substance test as required under post-accident, random, reasonable suspicion or follow-up testing requirements in DOT rules. [49 CFR 382.211]
7. Reporting for duty or remaining on duty, requiring the performance of safety-sensitive functions, when the driver uses any controlled substance, except when the use is pursuant to the instructions of a physician who has advised the driver that the substance does not adversely affect the driver's ability to safely operate a commercial motor vehicle. [49 CFR 382.213]
8. Reporting for duty, remaining on duty, or performing a safety-sensitive function if the driver tests positive for controlled substances. [49 CFR 382.215]
Results of Engagement in
Prohibited Conduct
Each driver who engages in the conduct prohibited herein shall:
A. Be advised of resources available to the driver in evaluating and resolving problems associated with alcohol or controlled substances use, including the names, addresses, and telephone numbers of substance abuse professionals and counseling and treatment programs.
B. Be evaluated by a substance abuse professional, who shall determine what assistance, if any, the employee needs to resolve alcohol or controlled substance problems.
C. Before returning to duty in a safety-sensitive position, undergo a return-to-duty alcohol test with a result indicating less than 0.02 or a substance test with a verified negative result.
D. If identified as needing assistance by a substance abuse professional, be evaluated by a substance abuse professional to determine if that driver has properly followed any rehabilitation program prescribed and be subject to unannounced follow-up tests following return to duty in accord with federal regulations. [49 CFR 382.605]
Costs
The District shall assume the cost for the initial evaluation by a substance abuse professional to determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse and controlled substances use. Evaluation and rehabilitation of the employee, if the employee is allowed to return to work in any position, shall be in accordance with 49 CFR 382.605 and by a substance abuse professional paid by the employee.
The School District shall assume the costs of the alcohol and controlled substances testing of a transportation employee. If the results of the test are positive, the School District may charge the costs of the test to the tested employee. The cost charged to the employee is limited to the actual costs incurred as a result of testing. If the results of a test are negative, the School District shall not charge the costs of testing to the tested employee. [A.R.S. 15-513]
Alcohol and Controlled
Substances Testing
A driver will inform the supervising administrator of any therapeutic controlled substances use. [49 CFR 382.213]
Controlled Substances as used in this policy refers to controlled substances as covered by the Omnibus Act and to drugs circumscribed by the Arizona Revised Statutes, Title 13, Chapter 34.
All drivers shall be subject to preemployment/preduty alcohol and controlled substances testing, including reasonable suspicion, random, and post-accident testing in accord with the regulations of the Omnibus Act. If applicable, return to duty and follow up testing shall be required in accord with regulations of the Omnibus Act. [49 CFR 382.301 et seq.]
All offers of employment with the District for drivers will be made contingent upon preemployment test results. An applicant testing positive for alcohol or controlled substances will not be employed. [49 CFR 382.505]
A transportation employee who refuses to submit to alcohol and controlled substance testing or whose test results are positive may be disciplined in accordance with District policy up to and including being terminated from employment. [A.R.S. 15-513]
Responsibility
The Superintendent is responsible for supervision of the District alcohol and controlled substances misuse prevention program. The Superintendent will develop procedures for the implementation of the program in compliance with the applicable provisions and regulations of the Omnibus Transportation Employee Testing Act of 1991 and Arizona Revised Statutes.
Adopted: November 20, 2005
LEGAL REF.:
A.R.S.
13-3401
15-106
15-513
15-925
28-3228
Title 13, Chapter 13
49 U.S.C. 31306, (Omnibus Transportation Employee Testing Act of 1991)
49 CFR Part 40
CROSS REF.:
EEAEB - Bus Inspection and Maintenance
GBEC - Drug-Free Workplace
GBECA - Nonmedical Use or Abuse of Drugs or Alcohol
GBEFA - Staff Use of Digital Wireless Communications or
Electronic Devices While Operating a Motor Vehicle
GDFA - Support Staff Qualifications and Requirements
(fingerprinting requirements)