Transcript Transportation Topics

The 2009 Ship of State:
Navigating State and National Waters
when Seas are Tough
Presented to 62nd FAPT Annual
Conference
July 7, 2009
Charlie Hood, Director, School Transportation
Florida Department of Education
Legislation 2009--Failed
• HB 87- Requires traffic and pedestrian control
devices at most schools on state roads
• HB 473- Ronshay Dugans Act; designates Drowsy
Driving Prevention Week; school bus drivers may
only use wireless devices under limited
circumstances
• HB 587 and SB 18- Claims bill; compensates Kamel
and Dmitri for death of Kamel due to claimed
negligence of Palm Beach S.D.
Legislation 2009--Failed
• SB 610- Provides that FDOE shall distribute Student
Transportation FEFP funds to charter schools
operating under Excellence Commission
• HB 627 and SB 1320- Prohibits bus stops on state
roads w/ 55 mph or higher speed
• SB 212 and HB 261- Specifies that persons under
age 18 may not use wireless devices while driving
Legislation 2009--Failed
• HB 1449- Prohibits school personnel from
manually physically restraining students with
disabilities except in emergencies
Legislation 2009--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 action
Legislation 2009--Passed
• HB 481 and SB 1114- Increases penalty for
illegal passing of bus by $65; funds go to
trauma centers
• SB 522- Claims bill for relief; compensates V.
Merriweather for alleged negligence of Palm
Beach S.D.
Legislation 2009--Passed
• SB 1676- Revises 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
Saving Money, Raising Revenue
(what ideas have we heard, and are
they allowed?)
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Parent pay for service
Advertising inside (yes) or outside buses (no)
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, magnet school
transportation, after-school trips
• Evaluate 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
vehicle’s main drive engine while the
vehicle is stopped.
Exemptions
(1) 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 capacity.
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 driver.
District Idling Policy Required:
• Rule 6A-3.0171, FAC, requires that districts
adopt local idling policies (effective
November 25, 2006)
• Districts may wish to ensure local policies
are consistent with (and no less stringent
than) the new ERC idling rule
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 rulemaking—
dockets 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 students
• 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):
• 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
truck
• 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 2008-09 (other):
• Bay, 10/17/08, Melissa Tindell, 13, hit by a
car near her bus stop before bus arrived
• Leon, 1/9/09, Christopher Robles, 4, hit by a
van in front of his school
Crash Reporting Reminders:
• Reporting threshold is $1,000
• DOE and districts are working to reconcile
district-reported numbers (DOE system) with
police reports (DHSMV system)
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
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
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
• DOE’s “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 safety
• 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
reporting
Driver Compliance and Liability
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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 is five years from passage of
requirement to review
• Required for contractors who are on school
property; includes charter bus drivers
Driver physicals
• 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- SAFETEALU expires 2010
• Highway trust fund expected to run out of
dollars this summer; Congress grappling with
revenue replacement
• Safe Routes to School ReauthorizationNASDPTS has supported allowing SRTS
funds for students walking to/from bus stops
FMCSA CDL Rules
• 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- has been revamped,
relaunched as School Bus First Observer
(TTT workshop 7/8/09 by TSA)
• School Transportation Security Awareness
(www.STSATrain.com)
• 9/11 Commission Act of 2007- Required TSA
to conduct security assessments in student
transportation and report to Congress by July
1, 2008; TSA now expecting September 2009
Transportation Security
• TSA Highway and Motor Carriers (HMC)
office is doing Corporate Security Reviews
upon request (overview 7/9/09)
• HMC is also conducting transportation
security exercises around US involving mock
school transportation security incidents (next
is in Greensboro, NC, July 23, 2009)
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 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
Nat’l Congress on School
Transportation (NCST)
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Gearing up for 2010
New interim amendments procedure in place
Writing committees drafting revisions
State delegations being appointed this
summer
• Document and info at www.NCSTOnline.org
Awards and Scholarships
• SESPTC- Awarding two $1,000 scholarships
again this year for college expenses of two
graduating high school seniors; parent or
legal guardian must be Florida public school
transportation employee meeting income
criteria
• School Bus Operator of the Year- FAPT and
Missing Children’s Day
FDLE Missing Children’s 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’ addresses
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 buses
• Continues to allow lap belts in states that choose
• Encourages (doesn’t require) states to use L/S belts
• Reaffirms that states may use 402 funds for costs
Links:
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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
• [email protected] Use this address if
you want to send email to all FAPT General
Members
• [email protected] for FAPT
Supplier Members
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)
Stay tuned…
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2010 Emissions Requirements
Coping with Reduced Budgets
Monitoring Changes
Fuel and Hurricanes
Drug and Alcohol Testing
Bus Operators’ Training
And more…
Questions and Comments?
www.fldoe.org/transportation
[email protected] or
[email protected]