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2010 State of the State: A Lean, Green Safety Machine!


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Title: 2010 State of the State: A Lean, Green Safety Machine!

2010 State of the State A Lean, Green Safety
  • Presented to FAPT Mid-year Transportation
    Directors Meeting
  • February 11, 2010
  • Charlie Hood, Director, School Transportation
  • Florida Department of Education

2009 Legislation--Failed
  • HB 87- To require traffic and pedestrian control
    devices at most schools on state roads
  • HB 473- Ronshay Dugans Act to create Drowsy
    Driving Prevention Week school bus drivers may
    only use wireless devices under limited
  • HB 587 and SB 18- Claims bills

2009 Legislation--Failed
  • SB 610- To provide that FDOE shall distribute
    Student Transportation FEFP funds to charter
    schools operating under Excellence Commission
  • HB 627 and SB 1320- To prohibit bus stops on
    state roads w/ 55 mph or higher speed
  • SB 212 and HB 261- To specify that persons under
    age 18 may not use wireless devices while driving

2009 Legislation--Failed
  • HB 1449- To prohibit school personnel from
    manually physically restraining students with
    disabilities except in emergencies

2009 Legislation--Passed
  • Appropriations (Chapters 2009-081 and 2009-082,
    LOF)- Student Transportation included in overall
    FEFP for 2009-10, set at 429M reduced 13.1
    since 2007-08
  • SB 344- Dori Slosberg and Katie Marchetti Safety
    Belt Law- Provides that not wearing a seat belt
    in a motor vehicle is now a primary enforcement

2009 Legislation--Passed
  • HB 481 and SB 1114- Increased penalty for illegal
    passing of bus by 65 funds go to trauma centers
  • SB 522- Claims bill for relief compensated
    Merriweather for alleged negligence of Palm Beach

2009 Legislation--Passed
  • SB 1676- Revised s.1006.21, FS, to require that
    contiguous districts have reciprocal agreements
    for school bus transportation services,
    inspections, and screening requirements for
    public schools, including charter schools

2010 Legislation--Proposed
  • Student Trans. Appropriations- Governors budget
    rec. for 2010-11 is 431M (0.5), still within
  • HB 81- Restricts allowable physical restraint and
    seclusion of students requires district policy
    on whether drivers should be certified in manual
    physical restraint techniques

2010 Legislation--Proposed
  • HB 177- Claims bill for death of Kamel, resulting
    from claimed negligence of district
  • HB 221 and SB 1144- Ronshay Dugans Act to create
    Drowsy Driving Prevention Week school bus
    drivers may only use wireless devices under
    limited circumstances
  • SB 316, HB 387- child restraint bill requires
    booster seats for ages 4-7, except school buses

2010 Legislation--Proposed
  • SB 326 (and others)- Prohibits texting by RR
    engineers and school bus operators
  • SB 418- Prohibits use of cell phones in school
  • HB 475 and SB 1110- Requires transitional speed
    zones at school zones and cameras

2010 Legislation--Proposed
  • HB 599 and SB 1574- Authorizes elementary schools
    as hubs for secondary students eliminates
    eligibility for secondary between 2 and 3 miles,
    but authorizes hazardous walking for secondary
    students allows boards to approve exterior
    advertising on school buses

2010 Legislation--Proposed
  • SB 896- Requires school nurse or other health
    care professional to provide bus drivers training
    in symptoms of diabetes (recognition hypo- and
    hyperglycemia) and actions to take requires
    nurse or other professional on bus if bus driver
    has not completed training

Saving Money, Raising Revenue (what ideas have we
heard, and are they allowed?)
  • Parent pay for service???
  • Advertising inside buses (yes) or outside buses
  • Consolidating and reducing bus stops
  • Reducing routes and mileage
  • 4-day week
  • Revising compensation packages

Saving Money, Raising Revenue (what ideas have we
heard, and are they allowed?)
  • Seeking grants (EPA, Homeless assistance grants,
    transportation security, IDEA)
  • Reduce or eliminate courtesy busing
  • Review potential hazardous walking areas
  • Eliminate field trips, after-school trips
  • Cut back choice transportation (magnet schools,
    charters, out of zone)
  • Optimize fleet service schedules and parts

ERC Rule Reducing Greenhouse Gases
  • Rule 62-285.420, FAC, Heavy-Duty Vehicle Idling
    Reduction- Owners or operators of heavy-duty
    diesel engine powered motor vehicles are
    prohibited from idling for more than five
    consecutive minutes. Idling is the continuous
    operation of a vehicles main drive engine while
    the vehicle is stopped.

  • Idling while stopped for traffic conditions over
    which the driver has no control, including being
    stopped for an official traffic control device or
    signal, in a line of traffic, at a railroad
    crossing, at a construction zone, or at the
    direction of law enforcement.
  • (2) Idling of buses 10 minutes prior to passenger
    loading and when passengers are onboard if needed
    for passenger comfort.
  • (3) If idling is necessary for a police, fire,
    ambulance, public safety, military, or other
    vehicle being used in an emergency or training

Exemptions (Continued)
  • (4) If idling is necessary to verify that the
    vehicle is in safe operating condition as
    required by law and that all equipment is in good
    working order, either as part of a daily vehicle
    inspection or as otherwise needed, provided that
    engine idling is mandatory for such verification.
  • (5) If idling is necessary to operate
    defrosters, heaters, air conditioners, or other
    equipment to prevent a safety or health
    emergency, but not solely for the comfort of the

District Idling Policy Required
  • Rule 6A-3.0171, FAC, requires that districts
    adopt local idling policies (effective November
    25, 2006)
  • Districts should ensure local policies are
    consistent with (and no less stringent than) the
    new ERC idling rule
  • NASDPTS working on model national idling
    reduction program

Other Required Local Policies (Chapter 6A-3, FAC)
  • To prohibit cell phone use by drivers while
    actively operating the bus (stay tuned for
    further announcements)
  • Safe driver plans, including which infractions
    disqualify a driver
  • Annual safety instructions/notice for parents and

Legislation, Statutes, and Rules
  • www.leg.state.fl.us (Florida legislative bills
    and statutes)
  • www.flrules.org (Florida rules and statutes)
  • www.regulations.gov (federal rulemakingdockets
    and public comments)

Fatalities in 2008-09 (requiring school bus
crash report to FDOE)
  • Marion, 9/23/08- Frances Margay Schee, 13, killed
    when her school bus was struck from behind by a
    semi truck
  • Okaloosa, 10/14/08- Adult SUV driver killed when
    he ran into a school bus stopped to drop off
  • Broward, 12/2/08- 35 year old male pedestrian
    killed when he was struck by a school bus
    reportedly turning left

Fatalities in 2008-09 (requiring school bus
crash report to FDOE)
  • Pinellas, 1/14/09- High school student died
    1/19/09 due to injuries from jumping out the
    emergency exit of his bus while it was traveling
    down the road
  • Bay, 1/22/09- Adult male bicyclist killed when he
    pulled into the path of a school bus
  • Levy, 3/31/09- Adult female Shands Hospital
    employee killed when her SUV rear-ended a legally
    stopped school bus infant daughter properly
    restrained in child seat minorly injured

Fatalities 2008-09 (other)
  • Leon, 9/5/08- Ronshay Dugans, 8, died when her
    Boys and Girls Club bus was struck by a concrete
  • Hernando, 9/9/08- Kaitlyn Harper was hit by a car
    while walking to a school bus stop not assigned
    to her
  • Indian River, 9/30/08, Jordan Miller, 15, was hit
    by a car while crossing to get to a bus stop not
    assigned to him

Fatalities in 2009-10 (requiring school bus
crash report to FDOE)
  • Brevard, 9/1/09- Pickup truck driver crossed into
    path of bus, head-on died 9/16/09
  • Escambia, 9/14/09- Teen driver ran stop sign and
    was hit by bus died next day
  • Clay, 9/29/09- Teen driver and adult rear-ended
    bus stopped to turn left both died
  • Palm Beach, 10/5/09- Adult male pedestrian
    allegedly jaywalking and died when hit by bus

Fatalities in 2009-10 (requiring school bus
crash report to FDOE)
  • Highlands, 10/29/09- Motorcyclist crashed into
    bus in foggy weather and died
  • Lee, 11/23/09- Motorist killed in early morning
    crash into school bus
  • Lee, 12/3/09- Adult driver and passenger of Honda
    Civic killed when the car veered into the path of
    a bus

Fatalities 2009-10 (other)
  • Bay, 10/28/09- Brother and sister hit by car
    while crossing to get to bus stop before bus
    arrived the six-year old was killed
  • Pinellas, 12/18/09- Teen girl killed by motorist
    while crossing busy intersection against light to
    get to nearby stopped school bus
  • Polk, 12/22/09- Teen student struck and killed by
    teen driver while walking home from school

Crash Reporting Reminders
  • Reporting threshold is 1,000, started 07-08
  • DOE is continuing to require that districts
    reconcile district-reported numbers (DOE system)
    with police reports (DHSMV system)
  • DOE receives daily clippings from DHSMV of ALL
    fatal crashes in Florida

FATAL Crash Reporting
  • Districts must provide immediate notice of any
    fatal crash to FDOE as soon as practical
  • Report by phone call and/or e-mail
  • Helps district and FDOE answer immediate
    questions from administrators, media
  • Info is always treated as preliminary
  • Not meant as substitute for regular FDOE and
    police crash reporting

Hazardous Walking
  • Districts must now include location code on each
    student record if reported in Hazardous category
  • Districts must update their inspections and
    documentation (determinations of HW locations)
    each five years

Parent-Student Safety Instructions
  • Safety instructions must be provided annually, in
    writing, as required by Rule 6A-3.0121
  • DOEs Are We There Yet? brochure can be printed
    for parents and others
  • Available at www.FAPTFlorida.org, under the
    Manuals and Publications link

Charter Schools
  • Now almost 400 in Florida continuing to grow
  • Districts must ensure charter schools are
    following laws and rules relating to health and
  • Charter schools are included in FDOE monitoring
    of districts
  • FAPT Statutes/Rules Committee considering
    recommendation to disaggregate Average Bus
    Occupancy for charter schools from district FEFP

(No Transcript)
Issues on the National Radar
  • NTSB-
  • Milton, FL crash bus rolled twice injuries
    mitigated by use of lap belts
  • Huntsville, AL driver not wearing belt NTSB did
    not specifically cite lack of driver belt as
    cause, but many believe it was
  • SIR on Pedal Misapplication NTSB recommending
    training for drivers, event data recorders,
    measures to separate students from bus traffic at
  • Motorcoaches- NTSB cited fatigue, faulty
    maintenance in several crashes

Public Transit and FTA Rulemaking
  • Allowable for student transportation in FL
  • FTA proposed rulemaking that would prohibit
    public transit routes that exclusively serve
    public school students
  • Significant opposition to NPRM from transit
    agencies and some schools
  • School bus associations (NSTA, NAPT, NASDPTS)
    supported FTA
  • FTA withdrew rule June 26, 2009 probably to
    allow new administration to review

Driver Compliance and Liability
  • Seat belt use
  • Cell phone prohibition
  • Idling restriction
  • Unauthorized stop locations
  • Mirror adjustment
  • Others???

Employee Criminal Background Checks
  • Still required upon employment
  • Required every five years
  • June 2009 was five years from passage of
    requirement to review
  • Required for contractors who are on school
    property includes charter bus drivers

Driver Physical Exams
  • Physical form (ESE 479) now allows 13 month
    interval for dexterity testing, per FAPT requests
  • ESE 479 now has an effective date and no
    expiration date

Federal Funding
  • American Recovery and Reinvestment Act (Stimulus
    Bill)- Billions for public transit virtually
    none for school bus transportation
  • Diesel Emissions Reduction Act (DERA)- 300
    million may be used for emissions reducing
    retrofits limited bus replacement

Federal Funding
  • Highway Bill Reauthorization- SAFETEA-LU has
    expired, now under continuing resolution
  • Highway trust fund depleted Congress grappling
    with revenue replacement
  • Safe Routes to School Reauthorization- NASDPTS
    has supported allowing SRTS funds for students
    walking to/from bus stops

  • National Registry of Certified Medical Examiners
    proposed rule
  • Physicals as part of CDL- Final Rule must be
    implemented by Jan. 2012
  • Preservice Training Proposed Rule- Would require
    90 hours preservice training by accredited school
    to obtain CDL actively opposed by NASDPTS, NSTA
    probably on back burner for now

Transportation Security
  • School Bus Watch- was revamped, re-launched as
    School Bus First Observer)
  • School Transportation Security Awareness
  • 9/11 Commission Act of 2007- Required TSA to
    conduct security assessments in student
    transportation and report to Congress by July 1,
    2008 still waiting for approval

Transportation Security
  • TSA Highway and Motor Carriers (HMC) office
    performing voluntary Corporate Security Reviews
  • HMC is also conducting transportation security
    exercises around US involving mock school
    transportation security incidents

School Bus Evacuation
  • NHTSA has developed new driver inservice module
    on bus evacuation
  • State Board rule requires evac instructions for
    all passengers before every field/activity trip
  • FDOE has a suggested script from Polk
  • Evacuation procedures continue to be priority for
    all students, including ESE
  • NTSB recommendations support as priority

NHTSA Activities
  • NHTSA is developing Safe School Bus Stop
    Selection guide
  • Updated driver inservice training modules,
    including new evacuation module
  • Aggressively pursuing school bus defects and
    requiring safety recalls when warranted
  • Districts should continue to contact FDOE when
    they find potential safety defects on buses

National Congress on School Transportation, May
16-19, 2010
  • Purpose is to update the National School
    Transportation Specifications and Procedures
  • Writing committees have drafted revisions
  • Floridas delegation Mike Connors, Greg Akin,
    Fred Murphy, Jerry Klein, Tad Kledzik, Charlie
    Hood, TBA
  • NSTSP, draft revisions, and other info at

(No Transcript)
Awards and Scholarships
  • SESPTC- Awarding two 1,000 scholarships again
    this year for 2010-11 college expenses of two
    graduating high school seniors parent or legal
    guardian must be Florida public school
    transportation employee meeting income criteria
    (max 75K AGI)
  • School Bus Operator of the Year- FAPT and Florida
    Missing Childrens Day

FDLE Missing Childrens Issues
  • All persons encouraged to sign up to receive
    Amber Alerts
  • Parents and others can sign up to receive
    notifications when sexual offenders and predators
    move within proximity of homes
  • Districts are encouraged to continue training
    drivers to report suspicious incidents and to
    have a system for notifying drivers of offenders

NHTSA Rulemaking on Occupant Protection
  • Final Rule adopted October 21, 2008
  • Rule requires
  • High back seats in all new buses starting
    10/21/09 (already required in Florida)
  • Lap/shoulder belts 10/21/11 in small buses
    (already required in Florida)

NHTSA Final Rule
  • Requires automatic seat bottom latching devices
    for any seat that flips up or is removable (new
    buses, effective 10/21/09)
  • Establishes test standards and protocols for lap
    and lap/shoulder (L/S) belts in small and large
  • Continues to allow lap belts in states that
  • Encourages (doesnt require) states to use L/S
  • Reaffirms that states may use 402 funds for costs

  • www.flrules.org/default.asp
  • www.leg.state.fl.us
  • www.fldoe.org/transportation
  • www.FAPTFlorida.org

FAPT Website and ListServe
  • www.FAPTFlorida.org
  • Calendar of Events
  • faptgroup_at_faptflorida.org- Use this address if
    you want to send email to all FAPT General
  • faptsuppliers_at_faptflorida.org- for FAPT Supplier

National Associations
  • www.AmericanSchoolBusCouncil.org-- ASBC
    coordinates public information from NASDPTS,
    NAPT, NSTA, and the big three school bus
    manufacturers e.g., positions on cell phone
    usage and other guidance
  • www.NASDPTS.org
  • www.NAPT.org
  • www.yellowbuses.org (NSTA)

Questions and Comments? www.fldoe.org/transporta
tion Charlie.Hood_at_fldoe.org or Schtrans_at_fldoe.org
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