§ 14-276a — School bus operators and operators of student transportation vehicles: Regulations; qualifications; training; drug testing.

Connecticut § 14-276a

• Jurisdiction: Connecticut
• Title 14: Motor Vehicles. Use of the Highway By Vehicles. Gasoline
• Ch. 248: Vehicle Highway Use

Text

(a) The Commissioner of Motor Vehicles shall adopt regulations, in accordance with the provisions of chapter 54, establishing a procedure for the safety training of school bus operators and operators of student transportation vehicles. Such regulations shall provide for minimum proficiency requirements for school bus operators. The safety training administered by the commissioner shall conform to the minimum requirements of number 17 of the National Highway Safety Standards. Such safety training shall include instruction relative to the location, contents and use of the first aid kit in the motor vehicle. A class or classroom instruction may be offered in person in a congregate setting, through distance learning or through a combination of both in-person and distance learning, provided such distance learning has interactive components such as mandatory interactions, participation or testing. (b) No person shall operate a school bus, as defined in section 14-275 , or a student transportation vehicle, as defined in section 14-212 , for the purpose of transporting school children unless such person has, prior to the issuance or renewal of such person's license endorsement: (1) Furnished evidence to the satisfaction of the commissioner that such person meets the physical qualification standards established in 49 CFR 391, as amended from time to time; and (2) successfully completed a course in safety training and, in the case of school bus operators, passed an examination in proficiency in school bus operation given by the commissioner. Such proficiency examination shall include a road test administered in the appropriate type of school bus based on the public passenger endorsement that such person seeks to hold or renew. Any person who is administered a road test in a school bus with a gross vehicle weight rating not exceeding twenty-six thousand pounds shall not be eligible for a license to operate a school bus with a gross vehicle weight rating exceeding twenty-six thousand pounds. The commissioner shall prioritize scheduling a road test for persons seeking or renewing a public passenger endorsement to operate a school bus. Any person who violates any provision of this subsection shall be deemed to have committed an infraction. (c) Any town or regional school district may require its school bus operators to have completed a safety training course in the operation of school buses, consisting of a minimum of ten hours of behind-the-wheel instruction and three hours of classroom instruction. Classroom instruction shall include instruction offered in person in a congregate setting, through distance learning or through a combination of both in-person and distance learning, provided such distance learning has interactive components such as mandatory interactions, participation or testing. (d) A carrier shall require each person whom it intends to employ to operate a school bus, as defined in section 14-275 , or a student transportation vehicle, as defined in section 14-212 , to submit to a urinalysis drug test in accordance with the provisions of sections 31-51v and 31-51w and shall require each person it employs to operate such vehicles to submit to a urinalysis drug test on a random basis in accordance with the provisions of section 31-51x and the standards set forth in 49 CFR Parts 382 and 391. No carrier may employ any person who has received a positive test result for such test which was confirmed as provided in subdivision (2) of subsection (a) of section 31-51u . No carrier may continue to employ as a driver, for two years, any person who has received a positive test result for such test which was confirmed as provided in subdivision (2) of subsection (a) of section 31-51u . No carrier may continue to employ as a driver, permanently, any person who has received a second positive test result for such test which was confirmed as provided in subdivision (2) of subsection (a) of section 31-51u . The commissioner may, after notice and hearing, impose a civil penalty of not more than one thousand dollars for the first offense and two thousand five hundred dollars for each subsequent offense on any carrier which violates any provision of this subsection.

Legislative History

(P.A. 73-503, S. 1, 2; P.A. 79-302, S. 1; P.A. 80-277, S. 1; P.A. 82-223, S. 22; P.A. 83-577, S. 27; P.A. 87-585, S. 2, 3; P.A. 88-317, S. 61, 107; P.A. 89-320, S. 6, 7, 12; P.A. 90-112, S. 5, 14; 90-263, S. 71, 74; P.A. 93-341, S. 28, 38; P.A. 96-167, S. 38; P.A. 07-224, S. 2; P.A. 08-150, S. 23; P.A. 19-119, S. 9; P.A. 21-106, S. 27, 28; P.A. 23-40, S. 38; P.A. 24-20, S. 11.) History: P.A. 79-302 deleted Subsec. (d) re appropriation to carry out purposes of section; P.A. 80-277 inserted new Subsec. (c) re safety training courses and relettered former Subsec. (c) as Subsec. (d); P.A. 82-223 amended Subsec. (d) by specifying that violation of the section constituted an infraction, establishing a minimum fine of $25 and lowering the maximum fine from $100 to $90; P.A. 83-577 amended Subsec. (d) by deleting the provision specifying a fine of not less than $25 nor more than $90; P.A. 87-585 amended Subsec. (b), requiring examination re school bus operation to include a road test administered in either a type I or type II school bus; P.A. 88-317 amended reference to Secs. 4-166 to 4-174 in Subsec. (a) to include new section added to Ch. 54, effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date; P.A. 89-320 amended Subsec. (a) to require that commissioner to adopt regulations re physical examination and safety training of operators of motor vehicles owned by or under contract to towns, regional school districts and schools and that safety training to include instruction re location, contents and use of first aid kit, and amended Subsec. (b) to prohibit persons from operating other school transportation vehicles unless such persons have satisfied the requirements in Subdivs. (1) and (2) prior to issuance or renewal of their public service operators' licenses, and to delete the definition of “school year”, making technical changes as necessary, effective July 1, 1990; P.A. 90-112 amended Subsecs. (a) and (b) to substitute “student transportation vehicles” for references to motor vehicles owned by or under contract to a town, regional school district, public, private or religious school and used to transport students to and from school and inserted new Subsec. (d) requiring preemployment drug testing for prospective school bus operators and operators of student transportation vehicles, relettering former Subsec. (d) accordingly; P.A. 90-263 amended Subsec. (b) to substitute public passenger transportation permit for public service operator's license; P.A. 93-341 amended Subsec. (b) to replace reference to public passenger transportation permits and with reference to license endorsements, effective July 1, 1994; P.A. 96-167 eliminated Subsec. (e), imposing infraction as penalty for violation of any provision of section, and added in Subsec. (b) infraction as penalty and in Subsec. (d) provision authorizing commissioner to impose civil penalty of not more than $1,000 for each offense on any carrier which violates provision of subsection; P.A. 07-224 amended Subsec. (d) by adding provisions re random drug testing of persons employed to operate school buses or student transportation vehicles and requirements applicable upon receipt of positive test results, making existing civil penalty applicable for the first offense and adding civil penalty of $2,500 for each subsequent offense, effective July 1, 2007; P.A. 08-150 amended Subsec. (d) to provide that random drug test also be in accordance with “the standards set forth in 49 CFR Parts 382 and 391”; P.A. 19-119 amended Subsec. (a) by deleting provisions re procedures for physical examination and regulations re minimum physical requirements, amended Subsec. (b) by replacing provision re minimum physical requirements established by commissioner with provision re physical qualification standards established in 49 CFR 391, deleting provision re commissioner to administer course in safety training, amended Subsec. (d) by deleting references to Sec. 31-51u(a)(3) and made technical changes, effective July 1, 2019; P.A. 21-106 amended Subsecs. (a) and (c) to add provision re offering of instruction in-person, through distance learning or combination of in-person and distance learning, effective June 30, 2021; P.A. 23-40 amended Subsec. (b) to add provision re prioritizing road test for persons seeking or renewing public passenger endorsement to operate school bus and make a technical change, effective July 1, 2023; P.A. 24-20 amended Subsec. (b) to replace provision re road test in type I school bus or type II school bus with provision re road test in appropriate type of school bus based on public passenger endorsement and replace provision re ineligibility for license to operate type I school bus with provision re ineligibility for license to operate school bus with gross vehicle weight rating exceeding 26,000 pounds, effective July 1, 2024.