Transcript National issues in student transportation

National Issues in
Student Transportation
Presented by Charlie Hood, NASDPTS Executive Director
for Florida Association for Pupil Transportation
June 21, 2016
Things have changed*
 Excerpt from June, 1973 Reader’s Digest article, “Bus
Crash,” by Floyd Miller, about the tragic 1972 school
bus and train collision in Congers, NY:
“In 1971 in New York State, there were 906 school bus
accidents, resulting in eight deaths and 402 injuries.
Nationwide, there were 47,000 school bus accidents with
170 deaths and 5600 injuries.”
 From 2005 to 2014 the annual average was 5.3
school-age children passenger fatalities in school
buses.
 School-age pedestrian fatalities involving school
buses were 11.1 per year
*but we can still do better
NASDPTS Federal Agencies Visits
 NASDPTS meets annually with several federal
agencies. Met March 1-2, 2016, with:
 EPA- regarding Diesel Emissions Reduction Act
(DERA) grant dollars and school bus rebate
program
 NTSB- Continued positive partnership;
discussed recommendations to NASDPTS and
others on passenger crash protection and other
issues
 FMCSA- Discussed issues regarding National
Registry of Certified Medical Examiners;
obstructive sleep apnea; drug and alcohol
national clearinghouse, entry level driver training
NASDPTS Federal Agencies Visits
 NHTSA- met with vehicle standards rulemaking
office, Office of Defects Investigation, and Secretary’s
office regarding school bus passenger crash
protection; mutual services with ODI; photo
enforcement study; motorcoach passenger crash
protection; other issues
 TSA- continued participation in security teleconferences, School Transportation Security
Awareness, School Bus First Observer, Security
Action Items (SAIs), I-STEP (Intermodal Security
Training Exercise Program), BASE (Baseline
Assessment for Security Enhancement), and
Customer Security Reviews (CSRs)
 US Department of Education
The Federal Influence—
Who makes what rules?
 Legislative
 • House & Senate
 • Lawmakers
 – (elected)
 – Federal Law
 – Budget
 – Authorization bills
 – Appropriations bills
 – Directives to
regulators
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Regulatory
• Agencies
• Rule makers (appointed)
– FMCSA – CDL regulations
– TSA – security
– EPA – air quality
– NTSB – safety oversight
– NHTSA – FMVSS
– NHTSA – Soft skills
(training/driver behavior)
FAST Act
FAST Act (Fixing America’s
Surface Transportation)--5-year
long term highway bill, signed on
12/4/15 to replace MAP-21, the
previous highway bill
Primary provision affecting
student transportation is GAO
study of school bus safety
GAO Review of School Bus Safety
Government Accountability Office directed
by Congress in FAST Act (House Report
114-357) to study school bus safety
Must be completed by 2017
Requires studying federal and state rules
for: driver training, capacity regulations,
special needs student transportation,
school bus inspection, vehicle age, and
public access to records
GAO Review of School Bus Safety
Also will address any data on public vs.
contracted providers regarding accidents,
violations of inspection rules, age of buses,
illegal passing incidence
Will outline best practices in above areas
NASDPTS is providing technical assistance
and guidance to GAO in gathering data and
surveying state directors
Every Student Succeeds Act
 ESSA-signed on 12/10/15 to reauthorize and replace 2001’s
No Child Left Behind (NCLB) Act
 One provision renders it illegal for school districts to write
letters of recommendation or otherwise assist “school
employees, contractors, or agents” in obtaining a new job if
they have knowledge or probable cause to believe the
person or entity engaged in sexual misconduct regarding a
minor student in violation of the law (“passing the trash”)
 Act may not be construed to prohibit children from traveling
to/from school on foot, on a bike, by car, or by bus when
parents have given permission
 No major changes identified yet to existing federal
requirements, such as Title 1, McKinney Vento, and IDEA
 Federal requirements for student transportation are still
largely “unfunded mandates”
Loading Zone Safety
 Renewed priority of NHTSA and NASDPTS
 Prevention of stop arm violations through public
awareness and enforcement
 Student rider training
 Driver training in crossing and student signaling
procedures
 Vehicle factors (mirrors, high visibility lighting, pupil
crossing arms, conspicuity)
 School bus stop placement
 State laws and penalties for violations
 Reducing dragging incidents
Preventing
Dragging
Incidents
NASDPTS Illegal Passing Survey
Completed annually since 2011 to document
incidence of this well known safety threat
2015 survey results:
102K drivers in 26 states participated
77K motorists illegally passed stopped buses
2016 Survey results being submitted by states
and compiled by NASDPTS this month (June)
2016 Survey summary will be provided to
members and the media in July
FMCSA CMV Inspection Programs
 FMCSA issued Advance Notice of Proposed
Rulemaking (ANPRM) on April 27, 2016,
requesting comment on whether it should consider
a rule requiring annual inspection of commercial
motor vehicles (CMVs)
 Agency wants public comments on existing state
programs, safety need, whether rule would
improve safety, what vehicles should be included,
and other aspects
 Most public school bus operations currently
exempt from federal rules on safety inspections
 Comments on ANPRM are due by June 27, 2016
FMCSA Medical Form Requirement
FMCSA Final Rule requiring use of the new
federal Medical Examination Report (MER)
and certificate (MEC) was delayed until
April 20, 2016
Florida drivers now required by Florida
State Board of Education Rule, effective
May 1, 2016, to use federal form
Guidance from FMCSA is that the section
of the form referencing “state” drivers and
“state” variances is not applicable to Florida
drivers since Florida requires the identical
federal exam
Obstructive Sleep Apnea
FMCSA issued ANPRM on March 10, 2016,
requesting comments on evaluation of
safety sensitive drivers for moderate-tosevere OSA
Seeking information on costs, benefits, and
safety consequences of a potential rule
requiring those with “multiple risk factors” to
undergo evaluation and treatment for OSA
Comment period extended this month to
July 8, 2016
FMCSA Driver Coercion Reg
 Final Rule effective January 29, 2016
 Prohibits coercing drivers to violate applicable
provisions of Federal Motor Carrier Safety
Regulations (FMCSRs)
 FMCSRs applicable to school bus drivers include
CDL regs, drug and alcohol testing rules, seat belt
use, and prohibitions on texting/cell phone use
 Includes driver reporting procedures and penalties
that may be imposed on entities coercing drivers
 Final Rule can be found at
https://www.gpo.gov/fdsys/pkg/FR-2015-1130/pdf/2015-30237.pdf
National Highway Traffic Safety
Administration (NHTSA)
Agency rejected requirement for school bus
underride protection (in 2014)
Notice of Proposed Rulemaking (NPRM)
from NHTSA (12/16/15) to require rear
impact protection on trailers and single unit
trucks (SUTs), but NOT school buses
Issued Final Rule for FMVSS 136 in June
2015, requiring all new heavy trucks and
buses, except school buses to have
electronic stability control (ESC)
Other Recent NHTSA Activities
Granted petition Oct. 16, 2015 to initiate
rulemaking for “Forward Collision
Avoidance and Mitigation” (FCAM) systems
for over 10K GVWR
Agency studying effectiveness of illegal
passing photo enforcement programs (stop
arm cameras)
Issued proposed rule March 10, 2016 to
amend requirements of FMVSS 305,
Electric Vehicles re: electrolyte spillage and
electric shock protection
NHTSA Office of Defects
Investigation
 Agency issued ANPRM January 25, 2016, seeking
comment on expanding means of notifying owners
of safety recalls
 Rulemaking required in MAP-21 and FAST Act
 Rule would include electronic notices (email, text,
social media) in lieu of current US postal
requirement
 Would include requirement for second notification
by the vehicle manufacturer if no response from
owner
Passenger Crash Protection
NASDPTS 2014 Position Paper
 Position Statement
As an association with a primary leadership role in issues relating
to student transportation safety, environmental responsibility, and
access to education, NASDPTS fully supports state and local
decisions for the installation and use of lap/shoulder belts in
school buses. NASDPTS is not advocating that the installation
and/or use of lap/shoulder belts be required by state or local
jurisdictions without thorough consideration of available resources.
NASDPTS believes this decision should be based on state or local
need, but also believes lap/shoulder belt equipped seats
should be encouraged as an option when considering new
bus original equipment specifications. NASDPTS further
believes that states and local jurisdictions should require proper
usage by all students when belts are available and should provide
related notices, training and enforcement.
NHTSA Meeting July 23, 2015
 NHTSA title: “School Bus Occupant Protection:
Taking Safety to a New Level”
 Meeting was, “to address the challenges and
barriers that have prevented schools from taking
action to install three-point seat belt systems in
school buses.”
 Meeting to address operational challenges, new
approaches for funding, seating capacity, training
for drivers, parents, and students, and other issues
 Rosekind acknowledged buses as safest form, and
that NHTSA needs to do more in loading zone
safety
 Rosekind said over 450 students killed in personal
vehicles getting to and from school each year.
NHTSA Meeting July 23, 2015
NTSB presented findings from its
investigation of school bus crashes in
Chesterfield, NJ, and Port St. Lucie, FL
crashes (2012)
Local directors from Montana and Indiana
testified on the positive effects of
lap/shoulder belts on student behavior
Leon Langley, NASDPTS President
testified; Max Christensen and Charlie
Hood participated; also NSTA and others
So what’s really new?
Excerpts from remarks, 11/8/15, by NHTSA
Administrator, Dr. Mark R. Rosekind to
NASDPTS/NAPT:
“Every child on every school bus shall have
a three-point seat belt.”
“NHTSA will use every tool at its disposal.”
“Seat belts save lives, and that includes
seat belts on school buses.”
Since November 8th:
NHTSA sent letters to governors of the six
states with school bus seat belt laws (CA,
FL, LA, NJ, NY, and TX).
State and local school district
representatives met March 24, 2016, in DC
for NHTSA to learn the states’ experiences
with various aspects (safety, enforcement
of use, usage rates, assigning buses,
funding sources, effects on student
behavior, etc.).
Since November 8th:
NASDPTS and NSTA attended the March
24th “six-states” meeting as “observers” and
informed members of key issues raised
More states are considering legislation
(e.g., Maryland, Washington, West Virginia,
Connecticut, Tennessee)
IMMI petitioned NHTSA to increase Type A
threshold for requiring L/S belts to 14,500
GVWR.
Stay tuned…
2007 through 2013-Entry Level Driver Training
Timeline
December 2007 – Entry-Level Driver
Training (ELDT) NPRM Issued
July 2012 – MAP-21 Signed into Law
September 2013 – 2007 ELDT NPRM
Withdrawn
2007 Entry-Level NPRM
Training Proposal
Class A CDL:
76 Hours Classroom Training
24 Hours Behind-the-Wheel Training
120 Total Hours
Class B or C CDL:
58 Hours Classroom Training
32 Hours Behind-the-Wheel Training
90 Total Hours
2007 Proposal - Accreditation
Motor carriers could develop their own
training programs, but all programs would
have to be accredited as independent
training institutions
Business would have to be operational for
1-2 years before applying
ELDT “Revival” Timeline
December 2014 – ELDT Negotiated
Rulemaking Committee Proposed
February 2015 – ELDT Advisory Committee
(ELDTAC) Convened
What is a Negotiated
Rulemaking?
An agency (in this case FMCSA) invites
those likely to be affected to join a
negotiating committee to develop a
consensus draft of a proposed rule
If consensus is reached, the Agency then
publishes the proposal for public comment
under the usual regulatory procedures
If there is no consensus, the Agency
proceeds alone
The Advisory Committee
The Entry-Level Driver Training Advisory
Committee (ELDTAC) was formed in
December 2014
The Committee held 6 two-day meetings in
the Washington, DC area between
February and May 2015
Numerous subcommittee meetings and
conference calls in between
Committee Membership
26 individuals represented the following:
School Transportation (NSTA, NASDPTS)
Motorcoach Industry
Trucking Industry
Truck Driving Schools
State Government
Law Enforcement
Unions
Safety Advocates
FMCSA
Subcommittees
Core Curriculum
Passenger Endorsement Curriculum
School Bus Endorsement Curriculum
Hazardous Materials Endorsement
Curriculum
Certification/Accreditation/Accountability
Cost-Benefit Data & Analysis
Implementation & Enforcement
Rules of Engagement
Consensus:
The Committee agreed to operate by
consensus with no more than 3 negative
votes allowed for substantive decisions
Abstention was not a negative vote
 If the proposal was unanimously
approved, FMCSA agreed to use it for the
NPRM
Each Committee member voting in favor
of the Agreement agreed not to speak
against it publicly for one year
ELDT Timeline of Events (con’d)
May 2015 – Committee reached agreement
June 2015 – Consensus Agreement was
forwarded to FMCSA
Elements of the Agreement
The final package was adopted by a
unanimous voice vote with no abstentions
Two elements of the final package each
passed with consensus, but with 2 nay
votes and no abstentions
There were multiple elements to the
agreement
Points of contention:
Night Operations
Hours Requirements
The General Agreement
As of the effective date, all entry-level
drivers must:
Be trained by a trainer on the FMCSA
Training Provider Registry; and
Complete a training program appropriate to
the license or endorsement they seek.
ELDT Timeline of Events (con’d)
March 7, 2016– FMCSA published resulting
Notice of Proposed Rulemaking (NPRM) in
Federal Register (FMCSA -2007-27748)
Public Comments were due by April 6,
2016
NASDPTS submitted comments mostly
supporting the ELDTAC agreement and the
resulting NPRM
ELDT Proposed Rule (NPRM)
Required by Section 32304 of MAP-21
The proposed regs address knowledge and
skills for drivers, with specific requirements for
drivers seeking a passenger, school bus, or
hazmat endorsement.
Classroom (theory) and behind-the-wheel
(BTW) training is required.
Training providers must register with FMCSA
and demonstrate that their training meets the
Federal standards.
Elements of NPRM
Class A CDL – 30 hours of behind-the-wheel
(BTW) training
Class B CDL – 15 hours of BTW training
All CDL training providers would be listed on a
Training Provider Registry; training providers
would complete an identification report and
provide a biennial update
Training providers must submit training
certificates to FMCSA; FMCSA will transmit the
certificates to the State licensing agency
Curriculum Elements
Six (6) separate curricula:
Class A CDL core curriculum
Class B CDL core curriculum
Hazardous Materials (H) endorsement
Passenger (P) endorsement
School Bus (S) endorsement
Refresher training
School bus endorsement and refresher training
curricula were not mandated in MAP-21
Commercial Learners Permit
Requirements
CDL Skills Test requirements will not apply
to those given discretion under 49 CFR
383, such as military veterans.
Once receiving a CLP, a driver will have
359 days to complete the CDL or they will
be required to complete a full entry-level
driver training course again
Class A and Class B Curriculum
The Committee-approved core curricula for
Class A and Class B training programs
generally sub-divided into:
Theory; and
Behind-The-Wheel (BTW) segments
BTW driving can occur either on a “range”
(any protected area not involving a public
road) or road segments
Theory
Theory may be taught either online or in a
classroom
There are no time requirements prescribed
for theory portion of training
The training provider must administer a
written knowledge assessment to test
proficiency
Training Providers and
Responsibility
Theory and BTW training can be delivered
by separate providers.
BTW training providers are not required to
administer written knowledge assessments.
Training Provider Requirements
To become a FMCSA-registered Training
Provider a person or institution must:
Electronically submit a Training Provider
Identification Report affirming they will
teach the appropriate curriculum; and
Certify that they meet the eligibility
requirements.
Class A BTW Hours Requirements
Class A CDL trainees are required to have:
Minimum 30 hours BTW training, to
include:
Minimum 10 hours on a “range” AND
10 hours on a road OR 10 road trips
A 50-minute training session counts as 1
hour
This element received consensus with 2
nay votes and no abstentions
Class B Hours Requirements
Class B CDL trainees are required to have:
Minimum of 15 hours BTW (range and
road driving)
Must include at least 7 hours of road
driving.
A 50-minute training session counts as one
hour
This element received 2 nay notes with no
abstentions
Class B – Theory
 Basic Operation
 Orientation
 Control Systems/Dashboard
 Pre and Post-Trip Inspections
 Basic Control
 Shifting/Operating Transmissions
 Backing and Docking
 Safe Operating Procedures
 Visual Search
 Vehicle Communications
 Speed Management
 Space Management
 Night Operations
 Extreme Driving Conditions
Class B – Theory (continued)
Advanced Operating Procedures
Hazard Perception
Emergency Maneuvers/Skid Avoidance
Skid Control and Recovery
Railroad Crossings
Vehicle Systems and Reporting
Malfunctions
Identification and Diagnosis of
Malfunctions, including Out-of-Service
Violations
Maintenance
Class B - Theory (continued)
 Non-Vehicle Activities
 Handling and Documenting Cargo
 Environmental Compliance Issues
 Hours of Service Requirements
 Fatigue and Wellness Awareness
 Accident Procedures
 Post-Crash Procedures
 External Communications
 Whistleblower/Coercion
 Trip Planning
 Drugs/Alcohol
 Medical Requirements
Class B – Theory (continued)
Vehicle Maneuvers/Skills/Range
Vehicle Inspection/Pre-Trip/Enroute/Post-Trip
Straight line backing
Alley docking backing (45/90 Degree)
Off-set backing
Parallel Parking Blind Side
Parallel Parking Sight Side
Class B – Behind-the-Wheel
 Vehicle controls including: left turns, right turns,
lane changes, curves at highway speeds
 Shifting/Transmission
 Communications/Signaling
 Hazard Perception
 Railroad Crossing
 Night Operation
 Extreme Driving Conditions
 Emergency Maneuvers/Skid Avoidance
 Skid Control and Recovery
 Visual Search
 Speed and Space Management
 Safe Driver Behavior
 Hours of Service
Passenger Bus Curriculum Theory
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Post-Crash Procedures
Other Emergency Procedures
Vehicle Orientation
Pre-Trip, Enroute and Post-Trip Inspection
Fueling
Idling
Baggage and/or Cargo Management
Passenger Safety Awareness Briefing
Passenger Management
Americans with Disabilities Act Compliance
Hours of Service
Distracted Driving
Railroad Crossings
Weigh Station Obligations
Security and Crime
CVSA North American Out-of-Service Criteria
Penalties and Fines
Passenger Bus Curriculum
Behind-the-Wheel
Vehicle Orientation
Pre-Trip, Enroute and Post-Trip Inspection
Baggage and/or Cargo Management
Passenger Safety Awareness Briefing
Passenger Management
Railroad Crossings
CVSA North American Out-of-Service
Criteria
School Bus Curriculum - Theory
 Danger Zones and Use of Mirrors
 Loading and Unloading
 Post-Crash Procedures
 Emergency Exit and Evacuation
 Railroad-Highway Grade Crossings
 Student Management
 Anti-Lock Braking Systems
 Special Safety Considerations
 Pre- and Post-Trip Inspections
 School Bus Security
 Route and Stop Reviews
 Night Operation
School Bus Curriculum
Behind-the-Wheel
Danger Zones and Use of Mirrors
Emergency Exit and Evacuation
Special Safety Considerations
Pre- and Post-Trip Inspections
Railroad-Highway Grade Crossings
Canceled, Suspended or Revoked
CDLs
Those with canceled, suspended or
revoked CDLs are not required to re-take a
full entry-level driver training course
Those with CDLs canceled or revoked for
highway-safety related reasons are
required to complete refresher training prior
to re-taking the state CDL exam
Refresher Training
Once refresher training is completed, a
training certificate will be transmitted from
the training provider to FMCSA. FMCSA
will transmit the certificate to the State
Drivers Licensing Agency (SDLA)
SDLAs can only administer a CDL skills
test if the electronic training certificate is on
file
Effective Date
The rule shall take effect three years from
the date of the publication of the final rule in
the Federal Register
Next Steps
Final Rule will be published, likely later this
year (2016)
School districts and others should review
rule and begin assessing their existing
compliance and necessary changes
FDOE and FAPT should work closely with
the Florida Dept. of Highway Safety and
Motor Vehicles and FMCSA on
implementation.
Program will likely become effective in late
2019.
‘‘Aviation and Transportation
Security Act’’ (Nov. 2001)
‘‘(d) FUNCTIONS.—The TSA…
shall be responsible for security
in all modes of transportation,
including—
‘‘(1) carrying out chapter 449,
relating to civil aviation security,
and related research and
development activities; and
‘‘(2) security responsibilities over
other modes of transportation
that are exercised by the
Department of Transportation.
New Transportation Security
Document from TSA
TSA Relaunching First Observer
First Observer Program was designed to train
school bus drivers and other commercial drivers
to recognize and report suspicious activity
Program has been dormant, but is being relaunched by TSA this year as “First Observer
Plus”
http://tsa.gov/firstobserver
FEDERAL TRANSPORTATION
SECURITY QUESTIONS:
Contact TSA at [email protected]
PLEASE NOTE: Always call 911 in the event of an emergency or immediate
danger. Always follow organizational procedures, and when in doubt, err on
the side of caution.
OTHER QUESTIONS/COMMENTS?
Charlie Hood
[email protected]
850-274-4308
16th National Congress on
School Transportation
Des Moines, Iowa, May 17-20, 2015
2015 Congress marked 75th anniversary of
this unique and important process
46 State Delegations, 318 persons
registered
Almost three days of parliamentary
deliberation
16th National Congress on
School Transportation
2015 Revisions Document now posted to
www.ncstonline.org
2015 National School Transportation
Specifications and Procedures being
prepared for printing and publication
Transportation Research Board
Part of National Academies of Science
NASDPTS made presentation at January
2016 meeting in Washington, DC, to
reiterate importance of school bus mode
NASDPTS is awaiting release of a new
TRB study (to be published) of the history
and status of school bus occupant
protection
School Bus Manufacturers
Technical Council
SBMTC responded to NTSB on its
recommendations from
Chesterfield/Port St. Lucie crash
investigations
Petitioned NHTSA to study need to
address lateral seat bottom integrity
and follow up as needed
NTSB issued response 10/26/15,
“Open-Acceptable Alternate Response”
School Bus Manufacturers
Technical Council
Commented on EPA Phase 2 CAFÉ/GHG
Standards NPRM
Currently updating the SBMTC Federal
Motor Vehicle Safety Standards “Miniguide”
Also assisted NCST with technical reviews
ASBC
 Mission is to promote the importance of yellow
school bus ridership, for safety, environmental
benefits, and access to education
 Council meets 4 times per year
 Developed infographics, posters, other materials,
and compiled data for NHTSA
 Tradeshow participation and Champions awards
 Love the Bus, Back to School Tour, and other
activities with US Ed. Dept. and other agencies
 Weekly calls among NSTA, NAPT, NASDPTS,
OEM
www.NASDPTS.org
Social Media
www.facebook.com/nasdpts
https://twitter.com/nasdpts
(@NASDPTS)
Contact Info
[email protected] (Charlie Hood)
Phone number: 850-274-4308
8205 Bristol Court, Tallahassee, FL 32311