§ 39877. — 39877. (Added by Stats. 2023, Ch. 380, Sec. 2.)

California § 39877.

• Jurisdiction: California
• Code EDC: Education Code - EDC
• Div.: 3.
• Title 2.: DIVISION 3. LOCAL ADMINISTRATION
• Part 23.5.: PART 23.5. TRANSPORTATION
• Ch. 1.: CHAPTER 1. Transportation Services
• Art. 5.: ARTICLE 5. Compensated Driver Requirements

Text

(a)
A driver who provides transportation services for pupils in a vehicle with a maximum capacity of 10 or fewer persons, including the driver, shall:
(1)
Hold a valid California driver’s license for the appropriate class of vehicle.
(2)
Be at least 18 years of age.
(3)
Pass a criminal background check, including fingerprint clearance consistent with Section 45125 for employees and Section 45125.1 for all other compensated drivers.
(4)
Have a satisfactory driving record that includes
none of the
following:
(A)
Within three years, has committed any violation that results in a conviction assigned a violation point count of two or more, as defined in Sections 12810 and 12810.5 of the Vehicle Code.
(B)
Within three years, has had their driving privilege suspended, revoked, or on probation for any reason involving the unsafe operation of a motor vehicle.
(C)
Has been determined by the Department of Motor Vehicles to be a negligent or incompetent operator.
(5)
Not have demonstrated irrational behavior to the extent that a reasonable and prudent person would have reasonable cause to believe that the driver’s ability to perform the duties of a
driver may be impaired.
(6)
Not have been convicted of an offense listed in paragraph (1) of subdivision (a) of Section 13370 of the Vehicle Code, paragraph (5) of subdivision (a) of Section 13370 of the Vehicle Code, or subdivision (b) of Section 13370 of the Vehicle Code.
(7)
Provide their employer or the private entity contracting with the local educational agency a report showing the driver’s current public record as recorded by the Department of Motor Vehicles and participate in the Department of Motor Vehicles’ pull-notice system.
(8)
Be subjected to and comply with drug and alcohol testing
consistent with Section 34520.3 of the Vehicle Code, subject to the cannabis discrimination limitations described in Section 12954 of the Government Code.
(9)
(A)
Complete a medical examination not more than two years prior to the driver performing pupil transportation by a physician licensed to practice medicine, a licensed advanced practice registered nurse qualified to perform a medical examination, a licensed physician assistant, or a licensed doctor of chiropractic listed on the most current National Registry of Certified Medical Examiners, as adopted by the United States Department of Transportation. The driver shall provide a copy of the Medical Examiner’s Certificate, Form MCSA-5876, or the medical examiner’s certificate of clearance to their employer or the private entity contracting with the
local educational agency. Neither the driver nor the medical examiner need to submit this examination result to the Department of Motor Vehicles.
(B)
The driver shall complete a medical examination pursuant to this paragraph every two years after the initial examination and provide a copy of the Medical Examiner’s Certificate, Form MCSA-5876, or the medical examiner’s certificate of clearance to their employer or the private entity contracting with the local educational agency.
(C)
Within the same month of reaching 65 years of age and each 12th month thereafter, the driver shall undergo a medical examination pursuant to this paragraph and provide a copy of the Medical Examiner’s Certificate, Form
MCSA-5876, or the medical examiner’s certificate of clearance to their employer or the private entity contracting with the local educational agency.
(10)
Submit and clear a tuberculosis risk assessment consistent with Section 49406.
(11)
Not drive for more than 10 hours within a work period, or after the end of the 16th hour after coming on duty following eight consecutive hours off duty.
(12)
Complete initial training and
subsequent required training sufficient to gain proficiency in all of the following:
(A)
Pretrip vehicle inspections.
(B)
Safe loading and unloading of passengers.
(C)
Proper use of seatbelts and child safety restraints.
(D)
Handling accidents, incidents, and emergency situations.
(E)
Providing proper accommodations for pupils with disabilities.
(F)
Defensive driving.
(G)
Operations in inclement weather.
(H)
Operations at night or under impaired visibility conditions.
(13)
Maintain a daily log sheet and complete the daily pretrip inspection of the vehicle being driven that day, which shall include all of the following:
(A)
A check of the operability of all lights, initialed by the driver before the vehicle is first driven in service that day.
(B)
A check for fluid leaks, initialed by the driver before the vehicle is first driven in service that day.
(C)
A check for the operability of the brakes, initialed by the driver before the vehicle is driven in service that day.
(14)
Complete training at
least equivalent to the American Red Cross first aid training program, or hold a valid and current first aid certificate issued by the American Red Cross or by an organization whose first aid training program is at least equivalent to the American Red Cross’ first aid training program, as determined by the Emergency Medical Services Authority.
(b)
For vehicles with a maximum capacity of eight or fewer passengers, excluding the driver, only street-legal coupes, sedans, or light-duty vehicles, including vans, minivans, sport utility vehicles, and pickup trucks, shall be used for pupil transportation.
(c)
Nothing in this article shall limit any additional safety or training requirements that may be imposed by the Public Utilities Commission, a local educational agency, or any government
agency.

Legislative History

Added by Stats. 2023, Ch. 380, Sec. 2. (SB 88) Effective January 1, 2024. Operative on July 1, 2025, pursuant to Section 39882.