Notice of Rule Making 1CCR 301-25

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• Overview
• Rule Changes
• Historical Background Related to Motor Coach Buses
• Crosswalk

Overview

At its March 11, 2015 meeting, the State Board of Education approved the rules for Colorado Minimum Standards Governing School Transportation Vehicles (1CCR 301-25).The effective date of these rules is April 30, 2015. View the new Minimum Standards .

The State Board of Education approved a notice of rulemaking for the Colorado Minimum Standards Governing School Transportation Vehicles (1 CCR 301-25). The proposed changes reflect the input and recommendations received from school district superintendents, school district transportation directors, fleet managers, and the Transportation Advisory Council as well as from the school bus manufacturer representatives.

Throughout the process of gathering stakeholder input, we were mindful to ensure that the rules were necessary and did not create an inappropriate intrusion into local control. Therefore we continually evaluated the existing rules and proposed changes to rules based upon two criteria:

1. Is this based upon a safety need or is it appropriate for districts to have flexibility and decision making in this area?
2. Does this regulation have an adverse fiscal impact on the districts?

This has been an iterative and collaborative effort which resulted in a comprehensive and detailed analysis of the Minimum Standards. While several important technical updates have been identified, it was also reassuring to find that the bulk of the rules were found to be appropriate and necessary to ensure the safety of our students given Colorado’s weather and diverse terrain.

Rule Changes

The rule changes can be grouped into four major types:

Streamline and consolidate rules

• We have eliminated over 100 of the current 256 rules which are redundant of and potentially contradictory to federal standards. This translates to a reduction to 21 pages from the current 32 pages.
• We have combined two of the major sections related to the school bus body and chassis to simplify the presentation of the rules. As a result of this restructuring, it was most appropriate to repeal and replace the rules.
• While we have removed redundancies in the rules, we have kept the references to the applicable Federal Motor Vehicle Safety Standards to make it easy for districts to locate these requirements.

Update rules to reflect current industry practices

• Updated school bus definitions to align with National Congress on School Transportation Guidelines. (Rule 5.00)
• Allow an LED message panel in lieu of the painted letters "Stop On Flashing Red". (Rule 26.06) Technology is now available that provides the same or potentially enhanced safety messaging and we wanted to ensure that districts could take advantage of these options if they choose to do so.
• Inclusion of the "Kentucky pole test" requirement. (Rule 14.07) This is a requirement related to the integrity of the school bus structure, which has become a de facto standard in the industry.
• Allow yellow step treads in addition to while step treads. (Rule 22.05)
• Eliminate the requirement for side windows to be hinged at the front. (Old rule 22.04)
• Update turn signal size. (Rule 29.05)
• Require body fluid clean-up kit hand held web cutter for small vehicles. (Rule 20.05)
• Include additional options related to tail pipe and fuel fill cap for electric powered buses. (Rules 21.04 and 24.03).

Clarify the rules where appropriate

• Clarify air brakes are required for Type C and Type D buses instead of based upon the passenger capacity of the bus. This gives greater clarification given that the capacity can change if seats are removed from a bus, and the air brakes are really needed based upon the size of the bus. (Rule 11.01)
• Clarify that advertising cannot interfere with retro-reflective tape. (Rule 26.08)
• Require adequate battery cable and single location for multiple batteries in a Type A bus. (Rule 10.03)
• Clarify that fire extinguishers must be securely mounted. (Rule 23.01)
• Clarify various rules through minor wording changes.

Reduce regulatory burdens for school districts

• Allow the purchase of used coach buses or short-term rental of coach buses upon passage of a local board of education resolution after consideration of safety standards including the recommendations of national transportation organizations. (Rule 4.01)
• Allow exemptions to rules (Rule 1.00)
• Change restriction on age of small vehicles to be purchased to equal buses (Old rule 4.04)

Historical Background Related to Motor Coach Buses

School buses must meet 36 federal motor vehicle safety standards (FMVSS) which apply to school buses, including roof rollover protection, energy-absorbing seats and pedestrian safety devices. These school bus standards are more stringent than the standards for other types of buses, including motor coach buses.

In 2003, federal regulations were changed to prohibit the purchase of new motor coach buses to transport students to school related events. These regulations, issued by the National Highway Traffic and Safety Administration (NHTSA), apply only to new motor vehicles as NHTSA does not authority over used vehicle sales. States independently determine regulations pertaining to the purchase of used vehicles.

Following the change in federal regulations in 2003, several national organizations made recommendations for states to similarly prohibit the purchase and use of used motor coach buses by schools. As a result, Colorado Minimum Standards rules were revised in 2007 to also prohibit the purchase of used motor coach buses to transport Colorado students on school related events. Motor coach buses owned by school districts as of 2007 were grandfathered in, allowing their continued use.

Recently, some superintendents expressed a desire to change the Colorado Minimum Standards to allow the purchase of used motor coach buses for transporting students to school related events. Conversely, the Transportation Advisory Council expressed a desire continue with the current rules which prohibit the purchase of used motor coach buses and strengthen the rules to also prohibit the short-term rental of motor coach buses for occasional use, which they viewed as a double standard. In researching this issue, we surveyed other states and found that 63 percent of surveyed states allow used motor coach buses to be purchased and 79 percent allow for the short-term rental of motor coach buses for school related events.

We have provided language in rule 4.01(a) which provides a balanced approach which respects the local control environment within Colorado and provides for the thoughtful consideration of safety-related issues and district needs. Further, this approach addresses a concern raised by the Transportation Advisory Council in relation to the current "double standard" where motor coach buses are rented for school related events.

For more information addressing motor coach buses, see the NHTSA Guideline 17 and NHTSA 49 CFR Part 571.

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