1. A. General requirements. An LEA electing to transport students in an SUV on a to-and-from route shall:

   1. (1) be limited to transport up to six students who are enrolled in the LEA;
   2. (2) only transport students whose residence is within the boundaries of the LEA, with the exception of those students in foster care or homeless children and youth as required as part of the best interest determination;
   3. (3) only transport students who live five or more miles from the student’s or students’ school, with the exception of those students in foster care or homeless children and youth as required as part of the best interest determination;
   4. (4) require that the SUV driver be an LEA employee certified as a school-owned activity vehicle driver;

   5. (5) require that the driver meet all federal, state, and department qualifications and licensing requirements. The driver shall:

      1. (a) allow the LEA to obtain the driver’s driving record through the New Mexico motor vehicle division, or the national driver register or other states' motor vehicle divisions;

      2. (b) satisfactorily complete a physical examination using the current DOT physical examination form:

         1. (i) physical examination shall be renewed every 24 months from the date of the last examination or before as specified by a licensed medical professional;
         2. (ii) additional physical examinations shall be required at any other time at the request of the LEA or the department’s transportation bureau;
         3. (iii) all physical examinations shall be conducted by a licensed medical professional;
      3. (c) meet the requirements of the Controlled Substances and Alcohol Use and Testing in accordance with 49 CFR Part 382;
   6. (6) require that the driver complete pre-service training as outlined in department guidance. The pre-service training shall be provided only by a school bus driver instructor that has activity vehicle certification or an activity vehicle instructor that has been certified by the department;
   7. (7) require the SUV driver transporting students on to-and-from routes to obtain two hours of in-service training per semester;
   8. (8) be required to insure both the SUV and SUV driver through the public school insurance authority;
   9. (9) establish written procedures for an immediate substitute SUV or school bus should an SUV fail to meet pre-trip inspection requirements; the substitute SUV or school bus shall meet all pre-trip requirements;
   10. (10) require the SUV driver to immediately report in writing on the appropriate form(s) signed by the SUV driver any faulty or improperly functioning equipment to the transportation administrator or their designee;
   11. (11) require all passengers to enter and exit on the passenger side of the SUV;
   12. (12) require the SUV driver to ensure that no student remains in the SUV at the conclusion of the route;
   13. (13) be required to have the vehicle inspected semi-annually by an authorized dealer including the manufacturer’s recommended multi-point inspection. An inspection shall not occur within 90 days from the prior inspection. All inspections shall occur during the school year. Any defects found by the dealer shall be repaired prior to the vehicle being used to transport students. The vehicle shall be considered out of service until all defects are repaired by the dealer. The semi-annual inspections shall be submitted to the department’s transportation bureau along with the documentation of all repaired defects;

   14. (14) require the SUV driver to conduct a daily, thorough pre-trip operational check of the SUV and equipment; the pre-trip shall be documented and shall cover at a minimum:

       1. (a) wheels, tires, lug bolts, and nuts for serviceability;
       2. (b) all exterior lights for serviceability and operation;
       3. (c) all glass, mirrors, windshields (clean, unbroken and mirrors adjusted for the driver);
       4. (d) exhaust system for leaks and looseness of connections;
       5. (e) fluid leaks under and in the front (oil, water, power steering, transmission, brakes) and in the rear (brakes and differential);
       6. (f) engine compartment for serviceability (battery, belts, wiring, hoses, fan);
       7. (g) engine compartment for fluid levels (oil, engine coolant, power steering, brake, windshield washer, transmission);
       8. (h) fuel filler cap;
       9. (i) all gauges, seats, and interior lights;
       10. (j) horn and windshield wipers;
       11. (k) emergency equipment;
       12. (l) cleanliness of SUV;
       13. (m) electronic locks; and
       14. (n) heaters and defrosters;
   15. (15) not allow the SUV driver to operate the SUV if it does not meet the pre-trip inspection requirements;

   16. (16) not allow an employee to operate an SUV for to-and-from transportation if the person’s driving record shows:

       1. (a) a conviction for driving a vehicle while intoxicated (DWI) or driving under the influence of intoxicating liquor or drugs (DUI) within the previous three years;
       2. (b) a conviction for DWI or DUI between three years and 20 years prior to the date of application for employment unless a written verification from a licensed counselor or physician has been provided that the person has successfully completed an alcohol or drug abuse program. On-line programs are not acceptable;
       3. (c) a conviction two or more times for DWI or DUI;
       4. (d) their driver’s license has been suspended or revoked within the previous five years for any serious traffic offense;
       5. (e) a conviction of more than three serious traffic offenses within the previous three years;
       6. (f) a conviction of any felony within the previous 10 years, or there exist other reasonable grounds related to the services of transporting students rendering the applicant ineligible;

   17. (17) not allow an employee to operate an SUV for to-and-from transportation if the person’s fingerprint-based background check shows:

       1. (a) a conviction for any violation of the Controlled Substances Act;
       2. (b) a conviction of child abuse pursuant to Section 30-6, NMSA 1978, Crimes Against Children and Dependents; or
       3. (c) conviction of any other criminal offense in which a child was a victim as required by the offense; and
   18. (18) ensure all SUVs shall be alcohol, drug, and tobacco free areas. Prior to or during work periods, all SUV drivers shall not use alcoholic beverages, illegal substances, or legal substances which would impair the driver’s ability to perform required duties.
   19. (19) ensure that student evacuation drills or adequate alternate instruction are conducted pursuant to Paragraph (3) of Subsection C of 6.41.4.9 NMAC.
   20. (20) adopt a policy defining the replacement cycle for SUVs.

2. B. Procedures and criteria to establish routes. The local superintendent or charter school administrator shall demonstrate a need before providing to-and-from transportation in an SUV.

   1. (1) Those students receiving to-and-from transportation through the use of an SUV must be approved by the superintendent or charter school administrator. The superintendent or charter school administrator must approve annually. In addition, the superintendent or charter school administrator must approve any changes to an SUV route that occur after the annual approval.

   2. (2) On forms provided by the department, the local superintendent or charter school administrator shall submit the following information to the secretary of education or designee and to the department’s transportation director or designee for approval before using an SUV to transport students on a to-and-from route:

      1. (a) a description of the need to transport students in an SUV;
      2. (b) a list of students to be transported in an SUV;
      3. (c) the location of the school and location of the students’ residence as shown on a map; and
      4. (d) the local superintendent or charter school administrator must sign the form submitted to the department.
   3. (3) A revised request for the SUV route must be submitted to the department for approval if there are any changes to the initial request.
   4. (4) LEAs may count the students and miles for transportation funding who receive transportation services through the use of an SUV; however, only half of the miles will be counted through the funding formula.
   5. (5) Written notification shall be given to the department’s transportation director or designee immediately when the LEA is no longer providing transportation in an SUV to the student or students who had been previously approved.
   6. (6) Students in foster care or homeless children and youth may be transported as otherwise prescribed and required by law or department rule.

3. C. Construction standards. To provide for the safety of students, all SUVs used to transport students on to-and-from routes shall adhere to construction standards requirements.

   1. (1) All SUVs used to transport students on to-and-from routes shall:

      1. (a) be LEA owned;

      2. (b) be a minimum six-passenger, full-size, extended-length, SUV;

         1. (i) the SUV shall not accommodate more than nine people including the driver; and
         2. (ii) the SUV shall not include vans or mini-vans;
      3. (c) meet applicable United States department of transportation federal motor vehicle safety standards;
      4. (d) comply with all applicable state statutes and comply with child restraint recommendations from the national highway traffic safety administration;
      5. (e) have operable seat belts which all occupants are required to wear while the SUV is in motion;
      6. (f) bear the words "SCHOOL VEHICLE” and the name of the LEA in reflective letters at least eight inches high on both sides of the SUV;
      7. (g) bear the words "SCHOOL VEHICLE” and the name of the LEA in reflective letters on the rear of the SUV;
      8. (h) be marked with reflective material that is at least one and three-fourths inches in width, placed horizontal and centerline of the SUV extending the length of both sides and rear of the SUV;
      9. (i) be equipped with red LED strobe lights on the front and back of the SUV that shall be used during loading and unloading; and
      10. (j) be equipped with electronic locks and child safety locks on all doors; all locks shall be engaged when the SUV is in motion.

   2. (2) All SUVs used to transport students on to-and-from routes may:

      1. (a) be equipped with a maximum speed limiter and shall be set at 75 miles per hour;
      2. (b) have a two-way radio communication system;
      3. (c) have an operable recording video camera;
      4. (d) be equipped with a back-up camera; and
      5. (e) be painted national school bus glossy yellow, in accordance with the colorimetric specification of national institute of standards and technology (NIST) federal standards no. 595a, color 13432, except that the hood should be either that color or lusterless black, matching NIST federal standard no. 595a, color 37038.

4. D. Safety equipment. All SUVs used to transport students on to-and-from routes shall have:

   1. (1) a first aid kit with contents pursuant to 6.40.2 NMAC, New Mexico School Bus Construction Standards;
   2. (2) a seat belt cutter within the driver’s reach while belted;
   3. (3) operable seat belts available to all passengers;
   4. (4) a fire extinguisher mounted inside the SUV;
   5. (5) a reflective safety vest that must be worn by the driver when the driver is exiting the SUV;
   6. (6) a cargo net to secure all items not under students’ control; and

   7. (7) a minimum of three triangular warning reflectors;

      1. (a) the SUV driver shall be knowledgeable of the warning reflectors’ operation and proper placement;

      2. (b) the warning reflectors shall be used in the event of prolonged stops on the roadway as follows:

         1. (i) one warning reflector at a distance of approximately 100 feet in front and one reflector approximately 100 feet in back of the disabled SUV in the center of the traffic lane occupied by the disabled SUV;
         2. (ii) one warning reflector at the traffic side of the disabled SUV, not less than 10 feet from the front or rear of the disabled SUV;
         3. (iii) if the SUV is disabled within 500 feet of a curve, crest of a hill, or other obstruction to view, the SUV driver shall place the warning reflector in that direction to afford ample warning. The warning reflector must in no case be less than 100 feet or more than 500 feet from the disabled SUV.

5. E. Route requirements. All to-and-from transportation shall adhere to route requirements.

   1. (1) Loading and unloading shall occur, whenever possible, off of the roadway.
   2. (2) Students shall not cross the roadway for loading or unloading purposes.
   3. (3) The SUV driver shall load and unload at established route stops only unless an emergency dictates otherwise.
   4. (4) The student shall load or unload only at the student’s designated route stop unless the driver has written approval from the transportation administrator or designee.
   5. (5) The SUV driver shall ensure all doors are closed and locked before putting the SUV in motion.
   6. (6) The SUV driver shall keep the SUV clean, well ventilated, and properly heated when necessary.
   7. (7) The SUV driver shall obey all traffic laws, ordinances, and rules of the road.
   8. (8) The SUV driver shall report all hazards, whether potential or existing, on the route and all causes for failure to operate on schedule to the transportation administrator or designee.

6. F. Loading and unloading on route. All to-and-from transportation shall adhere to loading and unloading requirements.

   1. (1) The SUV driver shall use mirrors to check traffic when approaching the stop.
   2. (2) The SUV driver shall reduce the SUV’s speed.
   3. (3) The SUV driver shall activate the strobe lights not less than 100 feet nor more than 300 feet from a route stop in urban areas and not less than 300 feet nor more than 1,000 feet from a route stop in rural areas to warn motorists that the SUV is about to stop.
   4. (4) On morning routes, a complete stop shall be made at all established route stops whether students are present or not, unless a parent or guardian or transportation administrator has notified the driver that the student will be absent. The SUV driver shall not wait for students unless they are observed making an effort to reach the route stop or unless otherwise specified in the student's IEP.
   5. (5) When loading students, the SUV shall be brought to a complete stop, the transmission put in park and the emergency brake activated.
   6. (6) When unloading students, the SUV shall be brought to a complete stop, the transmission put in park and the emergency brake activated.
   7. (7) When the SUV driver leaves the driver’s seat, the keys shall be removed from the ignition switch.
   8. (8) When all students have been completely and safely loaded or unloaded, the strobe lights shall be turned off.
   9. (9) The SUV driver shall check mirrors and make a thorough live sight inspection of all traffic before resuming travel.

7. G. Loading and unloading at schools. All to-and-from transportation shall adhere to requirements when loading and unloading at schools.

   1. (1) The SUV driver shall load and unload students in the same location that loading and unloading of school buses occur.
   2. (2) The SUV shall be parked in place for loading prior to dismissal of school. If loading or unloading on the street, the SUV shall be stopped parallel to the curb. Strobe lights shall not be activated unless the SUV is stopped on the traveled portion of the roadway.
   3. (3) The vehicle shall be brought to a complete stop, the transmission put in park, and the emergency brake activated before loading or unloading students.
   4. (4) When the SUV driver leaves the driver’s seat, the keys shall be removed from the ignition switch.
   5. (5) The driver shall not back up the SUV on school grounds unless absolutely necessary.

8. H. Operating on interstate highways. All to-and-from transportation shall adhere to operating requirements on interstate highways.

   1. (1) The SUV driver shall not make any stop except in an emergency nor shall any student load or unload while the SUV is on the interstate. All loading or unloading shall be done at points off the interstate.
   2. (2) The SUV driver shall not drive the SUV onto an opposite roadway or make any other similar maneuver except at interchanges and then only in a manner consistent with the proper procedures at any given interchange.
9. I. Railroad crossings. The driver shall use extreme caution when approaching and crossing highway-grade railroad crossings.

10. J. Continuing standards for drivers: An SUV driver shall no longer be eligible to transport students:

    1. (1) for three years if they receive a conviction for DWI or DUI. They may requalify if a written verification from a licensed counselor or physician is provided that the person has successfully completed an alcohol or drug abuse program. On-line programs are not acceptable. They are permanently ineligible if they have two or more DWI or DUI convictions;
    2. (2) for five years receive a suspension or revocation of their driver’s license for any serious traffic offense;
    3. (3) for three years receive convictions for more than three serious traffic offenses;
    4. (4) if they receive any convictions pursuant to Paragraph (2) of Subsection P of 6.41.4.9 NMAC; or
    5. (5) if they do not complete the previous semester’s required in-service training; to become eligible again, they must complete the training.

11. K. Driver files. LEAs shall maintain SUV driver files that include the following:

    1. (1) annual driving record check;
    2. (2) copy of current medical examiner’s certificate from the physical;
    3. (3) copy of current and valid driver’s license;
    4. (4) pre-service training record;
    5. (5) documentation of required in-service training pursuant to item (iii) of Subparagraph (d) of Paragraph (1) of Subsection S of 6.41.4.9 NMAC and Paragraph 7 of Subsection A of 6.41.4.14 NMAC;
    6. (6) proof that the driver is enrolled in a random drug and alcohol testing program; and

    7. (7) a current first aid and CPR certificate pursuant to the requirements in in Paragraph (4) of Subsection A of 6.41.4.13 NMAC.

       HISTORY OF 6.41.4 NMAC:

       6.41.4 NMAC, Standard for Providing Transportation for Eligible Students; filed 12/31/1998 - Repealed and Replaced with 6.41.4 NMAC, Standard for Providing Transportation for Eligible Students, effective 3/27/2018.

       PRE-NMAC REGULATORY FILING HISTORY: The material in this regulation was derived from that previously filed with the State Records Center and Archives under State Board of Education Regulation 95-1 Standards for Providing Transportation for Eligible Students, filed February 2, 1995; and State Board of Education Regulation 83-3 State of New Mexico Standards for School Bus Operations, filed July 12, 1983, State Board of Education Regulation 83-3 State of New Mexico Standards for School Bus Operations Amendment #1, filed December 5,1988; and State Board of Education Regulation 83-3 State of New Mexico Standards for School Bus Operations Amendment #2, filed January 24, 1990; and State Board of Education Regulation 77-6 Governing the Transportation of School Age Children Participating in School Sponsored Activities, filed September 13, 1977; State Board of Education Regulation 77-12 School Bus Driver's Manual, Revised Edition, filed January 16, 1978; and State Board of Education Regulation 77-12 Amendment #1 Special Education Supplement to the School Bus Driver's Handbook, filed August 21, 1978; and State Board of Education Regulation 71-9 School Bus Driver's Handbook, filed September 22, 1971; and State Board of Education Regulation 68-4 Regulations, Operating Procedures and Information for School Bus Drivers, filed March 12, 1968.

       HISTORY OF REPEALED MATERIAL: 6.41.4 NMAC, Standard for Providing Transportation for Eligible Students; filed 12/31/1998 - Repealed effective 3/27/2018.

[6.41.4.14 NMAC - Rp, 6.41.4.14 NMAC, 3/27/2018]