PURPOSE: Section 304.060, RSMo authorizes vehicles other than approved school buses to be used for transportation of students. This rule establishes standards for transportation in other than approved school buses.

1. (1) Requirements for Transportation of Students in Motor Vehicles That Are Not Licensed as School Buses Owned by a School District or Operated Under Contract With Any School District.

   1. (A) The number of passengers, including students and driver, that may be transported at any one (1) time shall be limited to the number the manufacturer suggests as appropriate for that vehicle or, if not posted in the vehicle, then limited to the number of seat belts in the vehicle in accordance with section 304.060, RSMo.
   2. (B) Motor vehicles designed for enclosed passenger transportation may be used subject to approval by the local board of education.
   3. (C) Motor vehicles shall be licensed according to law and shall display a current state safety inspection sticker.
   4. (D) The driver shall have a valid Missouri operator’s license for the motor vehicle and comply with section 302.272, RSMo.
   5. (E) Motor vehicles shall have liability insurance coverage in accordance with section 537.610, RSMo and as required by the local board of education.
   6. (F) When transportation service in motor vehicles other than those licensed as school buses is contracted, there shall be a written contract between the district and the individual or firm providing the service.
   7. (G) When the driver is not under contract with the school district to provide the transportation, the school district shall ensure that the driver meets the driver qualifications in 5 CSR 30-261.010(2)(A) and (B)1.–6. and 9.

2. (2) Requirements for Transportation of Students in Motor Vehicles Not Licensed as School Buses Not Owned by a School District or Operated Under Contract With Any School District.

   1. (A) The number of passengers, including students and driver, that may be transported at any one (1) time shall not exceed the manufacturers’ recommended maximum passenger load for the motor vehicle or, if not posted in the vehicle, then limited to the number of seat belts in the vehicle.
   2. (B) Motor vehicles designed for enclosed passenger transportation may be used subject to approval by the local board of education.
   3. (C) Motor vehicles shall be licensed according to law and shall display a current state safety inspection sticker.
   4. (D) The driver of a privately-owned motor vehicle that is not licensed as a school bus and not paid to transport students to and from school or school activities by the school district shall have a valid Missouri operator’s license.
   5. (E) Motor vehicles shall have liability insurance coverage in accordance with section 537.610, RSMo and as required by the local board of education.
   6. (F) The school district shall ensure that the driver meets the driver qualifications in 5 CSR 30-261.010(2)(A) and (B)1.–6. and 9.

3. (3) Requirements for Transportation of Students in Authorized Common Carriers.

   1. (A) Authorized common carriers shall only be used to transport students to and from field trips or other special trips for educational purposes and shall not be used to transport students to and from school. Authorized common carriers, as used in this rule, are over-the-road intercity-type coaches equipped with reclining seats, air conditioning and restroom facilities, and holding authority from the Missouri Division of Transportation or the Interstate Commerce Commission.
   2. (B) There shall be a written contract between the district and individual or firm providing the vehicle.

   3. (C) All contracts with authorized common carriers shall include:

      1. 1. Proof of liability insurance in the

amount of five (5) million dollars per accident; and

1. 2. Proof of safety inspections and com-

pliance with applicable federal Motor Carrier Safety Regulations.

1. (D) The driver of an authorized common carrier shall hold a valid Missouri commercial driver’s license or a similar license valid in any other state and shall comply with all applicable driver qualifications of the federal Motor Carrier Safety Regulations.

AUTHORITY: section 304.060, RSMo 1994.* This rule was previously filed as 5 CSR 40- 261.045. Original rule filed Sept. 15, 1977, effective Jan. 16, 1978. Amended: Filed July 23, 1987, effective Oct. 25, 1987. Amended: Filed May 23, 1991, effective Dec. 9, 1991. Amended: Filed Aug. 31, 1992, effective April 8, 1993. Emergency rule filed June 26, 1996, effective July 6, 1996, expired Jan. 1, 1997. Amended: Filed July 9, 1996, effective Feb. 28, 1997. *Original authority 1949, amended 1977, 1987, 1992. 5 CSR 30-261