BEGINNING SCHOOL
BUS DRIVER
CURRICULUM
UNIT I
DRIVER ROLE
AND
RESPONSIBILITY
Revised 07/10
Revised 05/12
Revised 10/13 (Instructional Content)
Michigan Department of Education
UNIT I DRIVER ROLE AND RESPONSIBILITY
Unit I 1
He takes to school the children small
A service done for us
And he watches over one and all
The person who drives the bus.
He shares the children’s chatter gay,
To them his name is known.
He guards them safely day by day
As though they were his own.
Not lightly can his task be faced,
Fair days, or snow or rain,
In him the parents’ trust is placed
To bring them home again.
Oh, school bus drivers, one and all,
Be heartening it must
To have the care of children small
And know so great a trust.
Edgar A. Guest
Michigan Department of Education
UNIT I DRIVER ROLE AND RESPONSIBILITY
TABLE OF CONTENTS
A Poem ………………………………………………………………………………………………………….. 1
Table of Contents …………………………………………………………………………………………. 2
Instructional Content…………………………………………………………………………………….. 4
Introduction ………………………………………………………………………………………………….. 5
Laws, Rules and Regulations, Policies, and Recommendations …………………. 6
A Law
Rules and Regulations
A Policy
A Recommendation
Driver Role and Responsibility ……………………………….……………………………………. 8
The Professional School Bus Driver ……………………………………………………………… 8
Sample Job Description ………………………………………………………………………………… 9
School Bus Driver
Personal Qualifications
Legal Requirements
Performance Abilities
Responsibilities
The Transportation Team ……………………………………………………………………………. 11
The Customer Concept ……………………………………………………………………………….. 13
Customer Creed
Local District Responsibilities ……………………………..……………………………….……… 14
Federal Drug and Alcohol Testing ………………………………………………………………. 16
School Bus Driver ……………………………………………………………………………………….. 16
How Do I Obtain A CDL?
What Type of CDL (Commercial Driver’s License) Do I Need?
When is a Chauffeur’s License Required?
What Knowledge and Skills Tests Must I Take?
What Endorsements Do I Need?
Notification of Loss of License ……………………………………………………………………. 19
Unit I 2
Michigan Department of Education
Michigan Department of Education Eligibility Requirements …………………… 20
Physical Exam and Diabetic Condition
Michigan State Police …………………………………………………………………………………. 21
State Police Criminal Conviction Background Check
Fingerprinting Requirement of All School Employees
Michigan Department of State (Secretary of State) …………………………………. 22
Licensing Requirements
Penalties ….………………………………………………………………………………………………..…. 23
For 60 days
For 120 days
Serious traffic violation
For 1 year
Felony
For life
CDL Repeat Road Skills Test
Serious Traffic Violation (Definition) ………………………………………………………….. 25
Felony (Definition) ……………………………………………………………………………………… 26
Alcohol and Substance Abuse Issues ………………………………………………………… 27
Commercial Driver License Skills Test (Retake) Required ……………………….. 27
CDL Self-Certification………………………………………………………………………………….. 28
School Bus Fatality Case ………………………..……………………………………………………. 29
Court Findings …………………………………………………………….…………………………….…. 30
School Bus Driver’s Responsibilities
School District Responsibilities
Unit I 3
Michigan Department of Education
UNIT I DRIVER ROLE AND RESPONSIBILITY
Instructional Content
The driver will be provided instruction with the following concepts:
The differences between laws, rules, regulations, policies and
recommendations.
The basic responsibilities of the pupil transportation team members.
The requirements for becoming and remaining a school bus driver.
How to gain and maintain professional status.
Unit I 4
Michigan Department of Education
Introduction
The transportation of pupils to and from school is a necessary part of a sound
educational program. Competent school bus drivers and uniformity in operation
of buses throughout the State of Michigan must be realized if a safe, efficient
and economical transportation program is to be realized.
Learning to drive a vehicle the size of a school bus is an extremely difficult task,
involving knowledge of related information, visual skills, judgments, decisions
and accurate responses. Successful completion of the school bus driver training
is an essential first step in becoming an asset to your school district.
1. School Bus Driver Role
Every school bus driver plays an essential part in our educational system.
In many instances, the school bus driver is the first representative of the
school system to meet the children in the morning and the last to see
them at night. While the children are on the bus, their safety is the
driver’s responsibility.
2. Responsibility
Like the captain of a ship, the school bus driver is responsible for the
efficient and economical operation of the bus and for the safety of its
passengers, including good order and discipline. A well-trained school
bus driver successfully accomplishes his/her assignment and is respected
and appreciated as a person who performs a difficult and necessary
service.
Unit I 5
Michigan Department of Education
Laws, Rules, Regulations, Policies and
Recommendations
A Law is a requirement that has been passed by a legislative body and signed
by the chief executive.
Rules and Regulations are synonymous terms to describe a requirement
adopted by an executive department.
A Policy is a course of action or guiding principle adopted by an authoritative
body, such as a school board.
A Recommendation is a statement giving advice or counsel.
Bus drivers are confronted with a number of laws, rules, regulations, policies
and recommendations which govern their conduct. Throughout this course, a
number of them will be referred to in the particular units where they have
application. It is essential that drivers know the differences among these terms
as some are requirements that must be followed, whereas others are merely
advisory.
A law is a requirement that has been passed by a legislative body and signed
by the chief executive. At the Federal level the legislative body is the Congress.
At the State level it is the state legislature. Laws are requirements that must
be obeyed.
The “National Traffic and Motor Vehicle Safety Act” and the “Motor Vehicle and
School Bus Safety Amendments of 1974” are examples of Federal laws. These
laws authorize and require the National Highway Traffic Safety Administration to
officially announce rules on safety performance requirements in the
manufacture of school buses.
The requirements that must be met to become a school bus driver and all the
other laws contained within the Michigan Vehicle Code are examples of state
laws.
Rules and regulations are synonymous terms to describe a requirement
adopted by an executive department with the authority to establish rules for
carrying out the program. A definite procedure must be followed when
adopting administrative rules. When adopted, the rules have the same effect
as though they were laws. They are requirements that must be obeyed.
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Michigan Department of Education
At the Federal level, the U.S. Department of Transportation, and at the State
level, the Superintendent of Public Instruction and the Michigan Department of
State Police have been given the authority by law to establish administrative
rules to carry out pupil transportation programs.
The school bus Federal Motor Vehicle Safety Standards promulgated by the
National Highway Traffic Safety Administration are examples of federal rules.
A policy is a course of action, guiding principle or procedure adopted by any
authoritative body that is considered to be expedient, prudent, or
advantageous. Policies are principles or procedures that one is expected to
follow, and should follow, but it is not absolutely mandated as a law or rule.
School boards may have policies and procedures at the local school district level
related to the pupil transportation program.
Local school districts may have policies on:
Wearing seat belts
Checking the bus after each run for sleeping students
Avoiding backing the bus whenever possible
Reporting in writing all bus conditions requiring adjustment or repair
Reporting all accidents to bus supervisor
A recommendation is a statement giving advice or counsel. Any organization
or individual might recommend some type of action. It is strictly advisory. It is
not required.
The local transportation supervisor could also have a number of
recommendations. These would vary by school district and could range from
manner of operation of the bus to how drivers are to dress.
Law: A requirement established by a legislative body that must be
followed.
Rule/Regulation: A requirement established by an administrative
department that must be followed.
Policy: A guideline established by an authoritative body that is
expected, but not absolutely required to be followed.
Recommendation: A guideline that should be followed.
It is important for school bus drivers to understand these differences; but it is
most important that they develop a positive attitude in accepting and obeying
all laws, rules/regulations, policies and recommendations as a mandatory part
of their support as part of the pupil transportation team.
Unit I 7
Michigan Department of Education
Driver Role and Responsibility
The role and responsibility of the school bus driver are many and
varied. In the role as a professional driver, drivers must wear many
different hats to effectively deal with other members of the pupil
transportation team.
Physically driving a vehicle on a designated route is certainly a vital
and important part of the driver’s role; however, it is just a part of the
total area of influence for the truly professional driver.
Responsibilities of each driver are numerous and vary from seemingly
insignificant tasks to very critical decisions that may involve the well
being of a passenger or legal status of the school district.
The Professional School Bus Driver
A commercial driver’s license (CDL) provides every school bus driver
appropriate on-the-road training. In addition to the CDL license, other
requirements include drug/alcohol testing, physical examination, school bus
driver certification class, and a criminal background check. Training must also
include the ability of the school bus driver to work successfully with students.
Every school bus driver has immeasurable influence on students through
attitude, ethics, respect, and personality.
School bus drivers are well-trained. The school bus driver profession is unique
in comparison to the usual CDL driver. Every driver has immense responsibility
to passengers, parents, community, school administrators, teachers, and peers.
The professional school bus driver:
Always respects and receives respect from pupils
Enjoys the diversity of student riders
Seeks workable solutions to daily challenges with pupils, parents and
others
Determines fair and indiscriminate actions in resolving bus conduct
problems
Leads his/her passengers with a positive start and/or end to every school
day
Expects pupils to assist one another in an enjoyable and a safe ride
Finally, believe in yourself! Take care of yourself; always be on the top of your
game! It is important for you to realize the significance a school bus driver’s
role plays in each and every contact made throughout your career. A school
bus driver should never compromise his/her best job performance!
Unit I 8
Michigan Department of Education
Sample Job Description
School Bus Driver
The following sample job description shows the expectations that a school
district/company is likely to expect from their school bus drivers. Please read
carefully and try to understand each of the qualifications and requirements.
Personal Qualifications
Enjoy working with children of all ages and be sensitive to their needs
Excellent moral character and personal habits
Dependable
Possess qualities of initiative, self-reliance and leadership
Neat, clean and presentable
Free from adverse effects of medication, alcohol, and drugs
Good physical condition (physical examination)
Use respectable language at all times
Emotionally stable
High school graduate or equivalent
Legal Requirements
Ability to meet school bus driver certification requirements:
Michigan School Bus Driver Education course
Commercial Driver License (C.D.L.) Examination
Commercial Driver License with appropriate group designations:
C and/or B
“P” for Passenger
“S” for school bus
Unit I 9
Michigan Department of Education
Pass Michigan Department of Education physical examination
requirements
Meet District/Michigan Department of Education competency levels of
driving skills
Clear Federal criminal check; includes finger printing
Meet Federal DOT drug/alcohol testing requirements
Performance Abilities
Operate varying sizes and types of school buses used to transport pupils
Familiarity with the geographic service area of district
Knowledge of local, state, and federal rules, regulations, ordinances, and
laws regarding school bus operation
Alert with ability to exercise good judgment concerning emergencies,
disabled vehicles, and abnormal driving
Responsibilities
Follow established schedules/routes
Maintain appropriate fuel level of vehicle
Maintain an acceptable standard of cleanliness of vehicle
Monitor mechanical condition by performing daily inspections (pre-
trip, in-between and post trips). Report deficiencies to mechanic
using Daily Inspection Report
Drive safely and defensively at all times
Be prepared to conduct emergency evacuation drills
Report bus and/or student accidents/injuries to transportation
supervisor or his/her designee
Administer first aid as necessary
Uphold district school bus passenger rules and regulations
Maintain behavior logs as directed by transportation supervisor or
his/her designee
Prepare and submit Bus Conduct Reports to the transportation
supervisor or his/her designee
May be requested to attend parent meetings by the transportation
supervisor or his/her designee
Maintain acceptable communications with transportation supervisor,
staff, and the public
Exhibit a positive image as a representative of the school district
Unit I 10
Michigan Department of Education
The Transportation Team
Each team member involved in safe pupil transportation is important. Knowing
the role and responsibility of each team member will better equip the driver to
become a supportive member.
There are many occasions when bus drivers must interact with other team
members. A proper understanding of their relationship to a problem is
important to the driver’s subsequent action.
A successful pupil transportation team can be compared to a winning football
team. All team members must know their assigned task, carry it out to the
best of their ability and work together for the good of the team. A football
team could hardly win if each player ran a different play than the one called by
the quarterback.
All team players should have only one single play: “A safe ride for the pupils.”
Pupil Transportation Team Members
U.S. Department of Transportation: Enact appropriate rules to regulate the
safety performance of school buses and state pupil transportation programs.
Michigan State Board of Education/Superintendent of Public
Instruction: Regulate pupil transportation and promulgate rules.
Sec. 257.1809. The state board of education shall regulate pupil
transportation. The state board or its authorized representative may
review, confirm, set aside, or amend the action, order, or decision of a
school with reference to the routes over which pupils shall be
transported, and the suitability and number of the vehicles and
equipment for the transportation of the pupils. The superintendent of
public instruction shall promulgate rules as necessary to implement this
act except that the department of state police, in cooperation with
superintendent of public instruction, may promulgate rules related to
vehicle and equipment standards.
Intermediate School District: Serves as an intermediary between the state
and local school district. The ISD can provide a number of services such as
data processing, coordinating transportation for special education students, and
arrange/conduct the mandated beginning and continuing education school bus
safety courses.
Unit I 11
Michigan Department of Education
Universities and Training Consortiums: Conduct/teach the mandated
beginning and continuing education school bus driver safety courses.
State Police: Promulgate rules for safety specifications and operational
procedures for school buses and to annually inspect each pupil transportation
fleet for compliance and safety.
School District: Provide and administer the pupil transportation system for
eligible pupils living within the school district.
School Board: Administer school board policies.
Principals: Key person(s) to report to in a particular school building. The
principal may handle problems that arise on the bus which involves pupil(s)
from their building.
Teacher: Serve as a resource for pupil(s) exhibiting behavior problems. The
teacher may help younger children get on the bus and provide school bus
passenger safety education.
Transportation Supervisor: Provide direct administration and supervision to
all pupil transportation personnel.
Mechanics: Keep all transportation vehicles in safe mechanical condition.
Bus Driver: Roles and responsibilities are many and varied. They include:
Drive only when in good physical and mental condition
Deliver pupils to and from school in a safe and efficient manner
Obey all laws, rules, regulations and policies
Complete appropriate bus inspections
o Pre, In-between, Post
Report bus safety hazards and defects
Report hazards along the route
Administer first aid when necessary
Represent the school district in an acceptable manner
Be a positive influence on the pupils
Take appropriate disciplinary action when necessary
Radio Dispatcher: Relay important information between the driver and the
bus supervisor.
Pupils: Obey all school district policies. Follow all school bus driver
instructions. Conduct themselves in an acceptable manner so the bus driver can
carry out their tasks in a safe and efficient manner.
Parents: Insure that their children arrive at the bus stop on time. Provide
support by expecting that each child conduct him/herself in an appropriate
manner while on the bus.
Unit I 12
Michigan Department of Education
Chaperons: Assist the driver in maintaining order and discipline on the bus.
Coaches: Assist the driver in maintaining order and discipline with all team
members.
Customer Concept
What is My Job?
If you had to list the three most important tasks of your job, what would you
list?
1.
2.
3.
Your job is one of great public contact. You drive a vehicle with the name of
your school district/company displayed in bold letters. The school bus is like a
moving billboard. If something goes wrong on the route, it is likely that your
supervisor will receive a phone call before you return to the bus garage.
As a professional school bus driver, you offer a safe transportation service to
many different and challenging customers. Who are your customers? The
customers riding school buses will include students, who may be very young
and may also include young adults, through age 26. Other customers may
include supervisors, teachers, parents, coaches.
Listed below is a typical customer creed used by many business organizations.
School districts, including transportation of pupils operate a business and must
consider the customers and the service element.
What is My Job: (Answers to above)
(1) Safety; (2) Rider relationships; (3) Inspected and safe vehicle
Customer Creed
The Customer is the reason for our being here.
It takes months to find a customer; seconds to lose one.
Always be courteous and polite during each customer contact.
Always do more than is expected when you handle a customer’s problem.
Never promise more than you can deliver.
Continually look for ways to improve quality and add value and safety to
our product.
Unit I 13
Michigan Department of Education
Local District Responsibilities
Driver Interview and Screening
When applying for employment as a commercial motor vehicle operator, an
applicant must provide and the potential employer must request at the time of
application the following:
49 CFR 383.35
a. The following employment history information for the 10 years preceding
the date the application is submitted and shall be presented to the
prospective employer by applicant:
1) A list of the names and addresses of the applicant’s previous
employers for which the applicant was an operator of a commercial
motor vehicle;
2) The dates the applicant was employed by these employers; and
3) The reason for leaving such employment.
b. The applicant shall certify that all information furnished is true and
complete.
c. An employer may require an applicant to provide additional information.
d. Before an application is submitted, the employer shall inform the
applicant that the information he/she provides in accordance with
paragraph (c) of this section may be used, and the applicant’s previous
employers may be contacted for the purpose of investigating the
applicant’s work history.
The employer must inform the applicant before an application is submitted
that the applicant’s previous employers may be contacted.
Unit I 14
Michigan Department of Education
Post Interview and Screening Phase:
District must guide the potential driver through each of the following steps:
Physical examination requirements
Pre-employment drug and alcohol test
Driver record check for proper driving clearance
Temporary instruction permit (TIP) at a Secretary of State Office
Prerequisite and Behind The Wheel Training by a licensed CDL
driver
Directed to a local Secretary of State Office to complete required
knowledge tests
Enrolled and successfully complete the Beginning School Bus
Driver Course
Complete all of the above requirements proving to be a competent
and safe school bus driver, after which he/she will be scheduled for a
road test by an authorized third party examiner
Submit the certificate from the third party examiner to the Secretary
of State Office to secure his/her commercial driver’s license
Each new CDL driver will receive a temporary operator’s
permit (TOP) followed by the permanent driver’s license
Complete a Continuing Education course every two years
Every district should provide periodic in-service training for each
certified school bus driver within the organization. This is essential to
maintain and emphasize safety standards. Law updates, district and
departmental changes need to the addressed. This is an excellent time
to discuss consumer satisfaction.
Unit I 15
Michigan Department of Education
Federal Requirements (Drug and Alcohol Testing)
Drug and Alcohol Testing for All CDL Employees
Alcohol and Drug Rules
o What alcohol tests are required?
Post-Accident
Reasonable Suspicion
Random Selection
Return-to-duty
Follow-up
o What drug tests are required?
Pre-Employment
Reasonable Suspicion
Post-Accident
Random Selection
Return-to-duty
Follow-up
School Bus Driver
How Do I Obtain A CDL?
Study the CDL manual carefully. The manual can be obtained at any
Secretary of State Branch office or on the website at:
http://www.michigan.gov/sos under publications.
Apply for your first CDL at the local Secretary of State Branch Office. You
must:
1. Show your driver’s license.
2. Show proof of Social Security number (Social Security card, payroll
check stub, W-2 Form).
3. Fill out the application which includes a statement certifying that you
meet medical and driver qualifications.
4. Meet driver record eligibility requirements.
Unit I 16
Michigan Department of Education
5. Pass the required knowledge and vision tests.
You must pass all required knowledge tests to obtain a CDL
Temporary Instruction Permit (TIP). This allows you to practice
driving under supervision of a CDL driver in the type of vehicle you
wish to drive.
Drivers may also need to take additional CDL skills tests if
upgrading their group designation, removing restrictions or adding
a passenger (P) or school bus (S) endorsement to their CDL.
Pay your CDL group designation and endorsement fees.
6. Schedule and pay for your CDL skills test through an approved third
party driver skills test organization authorized to administer the CDL
skills test. These organizations are public and private agencies
authorized by the state to conduct driver skills tests.
7. After passing your CDL skills test, you will:
Receive a Michigan Department of State Driver Skills Test
Certificate only from the approved third party driver skills test
organization.
Take the skills test certificate directly to a Secretary of State (SOS)
branch office to receive your full privilege CDL.
Pay a correction fee to add the CDL privileges to your license and
obtain your temporary CDL.
Receive your photo CDL in the mail within about ten (10) business
days.
Your CDL certificate is valid for one (1) year from date of
issuance. After one year; you must repeat all CDL tests.
What Type of CDL Do I Need?
A Michigan resident needs a CDL with the appropriate group designation to
operate the following vehicles:
Group A:
Any combination of vehicles with a gross combination weight rating (GCWR)
of 26,001 pounds or more, provided the gross vehicle weight rating (GVWR)
of the vehicle(s) being towed is 10,001 pounds or more.
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Michigan Department of Education
Group B:
Any single vehicle with a gross vehicle weight rating (GVWR) of 26,001
pounds or more, or, any such vehicle, towing a vehicle with a gross vehicle
weight rating (GVWR) of 10,000 pounds or less.
Group C:
Any single vehicle with a GVWR of 26,001 pounds or less, or combination of
vehicles and the GVWR of the vehicle being towed is 10,000 pounds or less
designated to:
Transport 16 or more persons (including the driver).
Transport hazardous materials in amounts requiring placards.
A chauffeur’s license is required when you:
o Are employed for the principal purpose of operating a motor vehicle
with a GVWR of 10,000 pounds or more;
o Operate a motor vehicle as a carrier of passengers or as a common or
contract carrier of property; or
o Operate a bus, school bus, taxi or limousine.
What Endorsements Do I Need?
In addition to the appropriate CDL group designation, endorsements are
required to operate the following:
T - Double or Triple Trailers: (Triple trailer combinations are not
permitted in Michigan.)
P - Passenger: For vehicles designed to carry 16 or more people
(including the driver).
N - Tank Vehicles: For vehicles designed to haul liquids or liquefied
gases in bulk in permanently mounted cargo tanks rated at 119
gallons or more or portable cargo tanks rated at 1,000 gallons or
more.
H - Hazardous Materials: To carry hazardous materials in amounts
requiring placards.
S - School Bus: For commercial motor vehicles used to transport
pre-primary, primary, or secondary school students from home to
school, school to home, or to and from school sponsored events.
X - Combined Tank and Hazardous Material Endorsements:
When an applicant adds both the tank and hazardous materials
endorsements to their driver license.
Unit I 18
Michigan Department of Education
Notification for Loss of License
Sec. 383.37. No employer shall knowingly allow, require, permit, or
authorize an employee to operate a commercial vehicle in the United States
during any period
In which the employee has a commercial motor vehicle driver’s license
suspended, revoked, or canceled by a State, has lost the right to operate
a commercial motor vehicle in a State, or has been disqualified from
operating a commercial motor vehicle; or
In which the employee has more than one commercial motor vehicle
driver’s license, except during the time the employee’s driver’s license is
being produced and mailed he/she will be in possession of a temporary
driver license permit attached to the previous driver’s license that has
been invalidated.
The Federal Legislation establishing the commercial driver licensing system
requires all states to be connected to one computerized system to share
information about commercial motor vehicle drivers. States will be checking
on driver’s accident records and checking to be sure that drivers don’t get
more than one commercial driver’s license. Sec. 257.319c
School bus drivers must:
Notify employer of a suspension, revocation, or cancellation of their drivers
license and/or lost privilege, or disqualification to operate a commercial
vehicle.
Notify employer by the end of the business day following the day the
employee received notice for any of the following:
o Has been involved in an accident, where convicted at fault; either
commercial vehicle or non-commercial vehicle
o Driver’s license been suspended, revoked or canceled by a state
o Has lost the right to operate a commercial vehicle in a state for any
period
o Is disqualified from operating a commercial motor vehicle for any
period
o Notification within 30 days of any conviction in any motor vehicle
violation
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Michigan Department of Education
Michigan Department of Education Eligibility
Requirements
Course enrollment and completion within 90 days (Entry level)
Continuing Education every two years (Advanced level)
Sec. 257.1851 (1)
A driver of a school bus transporting passengers shall have in his or her
possession a certificate stating that he or she has enrolled in the entry
level school bus safety education course or has successfully completed a
course in school bus safety education within the immediately preceding
two (2) years.
A driver who fails to successfully complete the entry level course within
90 days after enrollment or to meet the continuing education
requirements shall not be permitted to drive a school bus transporting
passengers.
Physical Examination for School Bus Drivers (DOT physical)
Sec. 257.1853
A driver of a school bus shall, at a minimum, meet the following
qualifications:
a. The requirements to ensure that a person is qualified to operate a
school bus is found in 49 CFR 391.41 to 391.49, including the
appendices of each section, except that the requirement of 49 CFR
391.41 (B)(3) does not apply if either of the following is true:
b. A school bus driver with diabetes employed prior to this
amendment is exempt from the requirements. Those permitted
this exemption will remain under the MDE blue physical
examination protocols.
c. An employer who has reason to believe that a driver is not
physically qualified to drive may require a physical examination for
that driver at more frequent intervals. If an employer requests a
physical examination under this subdivision, the employer shall
indicate in writing what physical impairment the driver is to be
examined for and shall only be entitled to that portion of the
examination results which pertain to that impairment. An
examination requested by the employer under this subdivision
shall be paid for by the employer.
d. A copy of the medical certificate for a driver shall be carried by
that driver while he or she is operating a school bus.
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Michigan Department of Education
Additional Medical Information Concerning Diabetic Condition
The following criterion applies to the operator with a diabetic condition of a
school bus transporting pupils to and from home and school:
o For a school bus driver with diabetes to be exempt from the
requirements of 49 CFR 391.41(b)(3), many requirements apply:
The driver has been evaluated and treated for diabetes by a
physician and has visited the physician at least 2 times in the year
before the physician completes a survey as required.
The physician has completed the appropriate information survey.
The physician’s survey indicates that the driver understands all of
the requirements needed to meet exemption.
o Individuals who are unable to manage their insulin or oral medications
adequately should not be permitted to drive a school bus.
o Both the school bus driver and physician must complete the
supplementary information concerning prospective/current school bus
driver’s management of diabetes. This form can be downloaded on the
Michigan Department of Education (MDE) website. Go to Pupil
Transportation, Medical Examination Information; Diabetic Condition.
This documentation shall be attached to a copy of the School Bus Driver
Certificate of Medical Fitness (blue card) (SM 2934) in the driver’s
personnel file.
o The original blue physical card remains in the driver’s possession.
Michigan State Police
State Police Criminal Conviction Background Check
Sec. 257.1853
4) Upon receipt of an application from a person for the position of school
bus driver, a school shall request from the department of state police a
background check to determine whether the person was convicted of any
of the following offenses:
a. Criminal sexual conduct in any degree
b. Assault with intent to commit criminal sexual conduct
c. An attempt to commit criminal sexual conduct in any degree
d. Felonious assault on a child, child abuse, or cruelty, torture, or
indecent exposure involving a child
e. A violation of section 145c of the Michigan penal code, Act No. 328
of the Public Acts of 1931, being section 750.145c of the Michigan
Compiled Laws
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Michigan Department of Education
Fingerprinting Requirement of all Employees
Revised School Code Act 451 380.1230 Offer of full-time, part-time, or
contract employment; criminal history check; employment as
conditional employee; conditions; voiding contract and terminating
employment; position as substitute teacher or substitute bus drivers…
1) Except as otherwise provided in this section, upon an offer of initial
employment being made by the board of a school district or intermediate
school district or the governing body of a public school academy or
nonpublic school to an individual for any full-time or part-time employment
or when school officials learn that an individual is being assigned to regularly
and continuously work under contract in any of its schools, the district,
public school academy, or nonpublic school shall request from the criminal
records division of the department of state police a criminal history check on
the individual and, before employing the individual as a regular employee or
allowing the individual to regularly and continuously work under contract in
any of its schools, shall have received from the department of state police
the report described in subsection (8).
Michigan Department of State (Secretary of State)
Licensing Requirements
School Bus Driver Licensing Requirements
18 years of age intrastate drivers (in Michigan). Must be 21 years to drive
interstate (across state lines).
Possess a valid chauffeur’s license, the appropriate vehicle group
designation, passenger vehicle endorsement (P), and a school bus (S)
endorsement for school bus drivers.
Group B for vehicles with a gross vehicle weight rating of 26,001 pounds or
more.
Group C for vehicles with a gross vehicle weight rating of less than 26,001
pounds.
The requirements for becoming and remaining a school bus driver are specified
by Michigan law.
Sec. 257.1849
1. A person, whether or not licensed under the Michigan vehicle code Act
No. 300 of the Public Acts of 1949, being sections 257.1 to 257.923 of
the Michigan Compiled Laws, who is 17 years of age or less, shall not
drive a school bus.
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2. A person shall not operate a school bus unless that person possesses
a commercial driver’s license (CDL) with appropriate vehicle group
designation, a valid chauffeur’s license, a passenger vehicle
endorsement, and a school bus endorsement as required under
section 312e of 1949 PA 300 (MCL 257.312c).
Sec. 257.312e
Except as otherwise provided in this section, a person, before operating a
commercial motor vehicle, shall obtain the required vehicle group
designation. [Refer to the Commercial Driver’s License Manual (CDL)]
Penalties
Refer to “Notification for Loss of License” in this unit with detailed
description of reporting driver violations to employer.
Michigan law also provides for the suspension of the vehicle group
designation if drivers are convicted, found responsible for a civil
infraction, or forfeit a bond for certain offenses while operating a
commercial motor vehicle. This suspension will occur regardless of
whether the violation was committed in this state or another state.
Sec. 257.319b Suspension or revocation of vehicle group designations on
operator’s or chauffeur’s license; notice of conviction, bond forfeiture, civil
infraction determination, violation of law, or refusal to submit to chemical
test…
1. The secretary of state shall immediately suspend or revoke all vehicle
group designations on the operator’s or chauffeur’s license of a person
for a violation while operating a commercial motor vehicle upon notice
that the person has refused to submit to a chemical test of his or her
blood, breath, or urine for the purpose of determining the amount of
alcohol or presence of a controlled substance or both while the person
was operating a commercial motor vehicle in this or another state.
The period of suspension or revocation is as follows:
a. Suspension for 60 days if the person is convicted of or found
responsible for 1 of the following while operating a commercial
motor vehicle;
Two serious traffic violations arising from separate incidents
within 36 months.
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Michigan Department of Education
A first conviction for a railroad-highway grade crossing
offense by a person required to have a license to operate a
commercial motor vehicle and a holder of a commercial
driver’s license.
b. Suspension for 120 days if the person is convicted or found
responsible for 1 of the following arising from separate
incidents within 36 months while operating a commercial motor
vehicle:
Three serious traffic violations.
Any second conviction of any combination of railroad-
highway grade crossing offenses within a 3-year period by a
person required to have a license to operate a commercial
motor vehicle and a holder of a commercial driver’s license.
c. Suspension for 1 year if the person is convicted or found
responsible for 1 of the following:
Leaving the scene of an accident involving a commercial or
noncommercial motor vehicle operated by the person.
A felony in which a commercial or noncommercial motor
vehicle was used.
A refusal of a police officer’s request to submit to a chemical
test of his or her blood, breath, or urine to determine the
amount of alcohol or presence of a controlled substance
while he or she was operating a commercial or
noncommercial motor vehicle in this state or another state.
Operating a commercial motor vehicle in violation of a
suspension, revocation, denial, or cancellation that was
imposed for previous violations committed while operating a
commercial motor vehicle.
Causing a fatality through the negligent or criminal
operation of a commercial motor vehicle, including, but not
limited to, the crimes of motor vehicle manslaughter, motor
vehicle homicide, and negligent homicide.
6-point violation as provided in section 320a while operating
a commercial motor vehicle.
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Michigan Department of Education
Any combination of 3 or more convictions for railroad-
highway grade crossing offenses within a 3-year period by a
person required to have a license to operate a commercial
motor vehicle and holder of a commercial driver’s license.
d. Suspension for 3 years if the person is convicted of or found
responsible for an offense enumerated in subdivision (c)(i) to
(vii) in which a commercial motor vehicle was used if the
vehicle was carrying hazardous material required to have a
placard under 49 CFR parts 100 to 199.
e. Revocation for life, but with eligibility for reissue of a group
vehicle designation after not less than 10 years and after
approval by the secretary of state, if the person is convicted or
found responsible for 2 violations or a combination of any 2
violations arising from 2 or more separate incidents.
A “serious traffic violation” by definition includes:
Traffic violation occurs in connection with an accident in
which a person died.
Careless driving.
Excessive speeding. [Federal regulations established 15
mph over the speed limit as a serious traffic violation]
Improper lane use.
Following too closely.
Driving a commercial motor vehicle without obtaining any
vehicle group designation on the person’s license.
Driving a commercial motor vehicle without either having an
operator’s or chauffeur’s license, or providing such proof of
license by court date on citation issued.
Operating a commercial motor vehicle without having the
appropriate vehicle group designation or endorsement
required for the specific vehicle group being operated or the
passengers or type of cargo being transported.
Any other serious traffic violation.
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Michigan Department of Education
Felony in which a commercial motor vehicle was used” means a
felony during the commission of which the person convicted
operated a commercial motor vehicle and while the person was
operating the vehicle 1 or more of the following circumstances
existed:
The vehicle was used as an instrument of the felony.
The vehicle was used to transport a victim of the felony.
The vehicle was used to flee the scene of the felony.
The vehicle was necessary for the commission of the felony.
CFR 49 383.51
The secretary of state shall immediately suspend all vehicle group
designations on an operator’s or chauffeur’s license when the secretary of
state receives a notice of a conviction, bond forfeiture, or civil infraction
determination for a violation described in this section committed within
this state or another state.
Refer to Federal Regulation CFR 49 383.51 in the addendum for further
description of penalties.
Section 257.319c Providing United States Department of
Transportation with information pertaining to operator’s or chauffeur’s
license with vehicle group designation; notification of motor vehicle
administrator or other appropriate officer.
1. The secretary of state shall provide…
a. A notice of issuance of an operator’s or chauffeur’s license with
a vehicle group designation within 10 days after the issuance of
the license.
b. A notice of a suspension, revocation, or denial of a license
within 10 days after the suspension, revocation, or denial.
2. Within 10 days after receiving a record of conviction, civil infraction
determination, or forfeiture of bail in this state of a nonresident driver
of a commercial motor vehicle for a violation under the motor vehicle
laws of this state, other than a parking violation, the secretary of
state shall notify the motor vehicle administrator or other appropriate
officer in the state in which the person is licensed.
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Michigan Department of Education
Alcohol Violations Michigan Commercial Driver’s License Manual
o Drivers may not operate a vehicle while consuming alcohol or while
impaired by liquor or intoxicated.
o Operating a vehicle with a BAC (blood alcohol content) of .04 or
greater grams per 100 milliliters of blood, per 210 liters of breath,
or per 67 milliliters of urine is the current standard for impairment.
o Drivers may be charged with operating under the influence, or
operating while impaired by Controlled Substances.
Local District Policy Regarding Alcohol and Controlled Substances.
o Each district will set individual policies regarding alcohol and
substance abuse cases. Policies may include counseling,
rehabilitation, and/or a no tolerance policy which may include
immediate and permanent dismissal from school bus driver
responsibilities.
Every new driver should understand his/her local school
district policy
Commercial Driver License Skills Test Required (MCL 257.1849)
It is required that commercial drivers must retake a CDL skills test
whenever the driver has:
o Had his/her driver license or commercial driver’s license
suspended, canceled, revoked or denied under section 303 or 319b
of the Michigan vehicle code
o Been disqualified from operating a commercial motor vehicle
o Has been convicted of any of the disqualifying offenses in 49 CFR
383.51 (b) while operating a commercial motor vehicle or any
offense in a noncommercial motor vehicle that would be a
disqualifying condition under 49 CFR 383.51 (b) if committed in a
commercial motor vehicle
o Had more than one (1) conviction of any of the serious traffic
violations defined in 49 CFR 383.5, while operating a commercial
motor vehicle within the last three years
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o Been convicted of any motor vehicle traffic violation that resulted
in an accident while operating a commercial motor vehicle
o Been disqualified from operating a school bus under section 49(3)
The driver who is required to take a test under this subsection shall not
operate a school bus until the driver has passed the test. The
commercial driver license skills test shall be conducted by an examiner
not employed or under contract with the same agency or school of the
driver being tested.
Driver Self Certification Federal Motor Carrier Safety Administration (FMCSA)
regulations went into effect January 30, 2012, requiring drivers who are renewing,
correcting or applying for an original Commercial Driver License (CDL) must self-
certify which type of commercial motor vehicle (CMV) operation they will perform
with the Michigan Department of State. Michigan School Bus Drivers must choose
from one of these options:
Non-excepted interstate the driver will be operating a Commercial Motor
Vehicle (including a school bus) outside of Michigan. Medical certification
documents must be submitted to the Michigan Department of State.
Non-excepted intrastate the driver will operate a Commercial Motor
Vehicle (including a school bus) ONLY in Michigan.
If you are not sure which type of CMV operation you will perform, please get
confirmation from your employer or prospective employer.
How to submit your certification:
Online at www.michigan.gov/CDL
Fax to the CDL Help Desk at (517) 636-4359
Mail to: MI Department of State
CDL Help Desk Unit
7064 Crowner Drive
Lansing, MI 48918
At your local Secretary of State
Caution Don’t Lose Your Privileges: You will lose your privilege to operate a
CMV if you fail to provide a self-certification to the Secretary of State's Office before
your CDL expires or by January 30, 2014, whichever date comes first.
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School Bus Fatality Case
A family’s life was shattered when a school bus ran over and killed a 6-year old
girl at the bus stop directly in front of the child’s home.
The school bus driver entered a subdivision, making a 3-point turn around in an
interior egress since the back circular portion of the subdivision was under
construction. After the turn around, the driver made a left turn and stopped to
unload students at a bus stop located to allow the 6-year old girl to cross legally
in front of the school bus. The driver watched as five students walked down
the side of the bus toward the right-rear of the bus where a parent’s van was
parked. It was stated that parents were spread out sporadically behind the bus
and some students may have crossed the paved part of the roadway at the rear
of the bus. It was undetermined the exact location of the dispersed students at
the time of the incident.
After the five students cleared the side and back of the bus, the driver moved
the bus forward to leave the subdivision running over the young girl, not
realizing what had happened until it was too late. The driver was not aware
that this child had exited the school bus with the other children.
A motor carrier officer inspected the school bus following the accident. It was
determined that the school bus mirrors were out of adjustment and that it was
unlikely the driver could have seen the child in front of the school bus in either
mirror. The inspector also stated there was no record of the driver conducting
pre-trip inspections as required. The driver had a negative drug and alcohol
test following the incident.
Elements of a Negligence Case
Duty to Protect
Failing to Exercise a Reasonable Standard of Care
Proximate Cause
Actual Injury
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Court Findings
School Bus Driver’s Responsibilities:
The driver owed a duty to the student.
The driver did not follow bus stop laws.
Inappropriate events resulted in the death of a child.
School Bus Driver Receives Probation: Sentence: Negligent Homicide
During sentencing, the judge stated that what bothered him greatly was
that “this was the driver’s last stop of the day. What was the rush?”
The driver received three years probation and was ordered to serve nine
months in jail, but would not have to spend any time behind bars if
successfully completed probation as ordered.
Under probation, the driver was ordered to spend a minimum of one day
a week during the first 30 days of sentence in the county’s jail work
program and to perform 500 hours of community service.
The driver was ordered to pay more than $9,500 in court costs, fees and
restitution, including $7,200 reimbursement to family for funeral and
medical expenses.
The driver received special conditions in probation including a required
mental health program, to work 30 hours a week and not be allowed to
drive.
School District Responsibilities:
Operation of a school bus fleet is an immune governmental function.
Establish regulation governing the conduct of students for their safety
while en route to and from school.
Understand and follow statutes and rules indicating a high degree of care
in the transportation of students
School District Ordered Settlement:
After the incident, the school district established greater safety measures
which included technological improvements on school buses. The district
set up a safety hotline for parents. The district reviewed all employee
service records and took appropriate actions as needed.
$6.5 million was awarded to the family by jury. A $6 million settlement
followed the verdict and the district abandoned all appeals.
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