![]()
CHAPTER 71. SCHOOL BUS DRIVERS Sec.
71.1. Scope and application.
71.2. Definitions.
71.3. Physical examination.
71.4. Drivers examination.
71.5. Courses of instruction.
71.6. Knowledge examination.Authority The provisions of this Chapter 71 issued under the Vehicle Code, 75 Pa.C.S. § § 1509 and 6103, unless otherwise noted.
Source The provisions of this Chapter 71 adopted September 23, 1977, effective September 24, 1977, 7 Pa.B. 2702, unless otherwise noted.
Notes of Decisions A history of myocardial infarction is sufficient to allow the Department of Transportation to recall and suspend the drivers Class 4 license, even though the myocardial infarction had been suffered 7 years prior to the suspension and the driver had been asymptomatic since that time. Huntsberger v. Commonwealth, 463 A.2d 1288 (Pa. Cmwlth. 1983).
Cross References This chapter cited in 22 Pa. Code § 51.92 (relating to school bus operators).
§ 71.1. Scope and application.
This chapter applies to the course of instruction and physical examination for school bus drivers required by 75 Pa.C.S. § 1509 (relating to qualifications for school bus driver endorsement).
Source The provisions of this § 71.1 adopted September 23, 1977, effective September 24, 1977, 7 Pa.B. 2702; amended May 10, 1985, effective May 11, 1985, 15 Pa.B. 1750; readopted May 11, 1990, effective immediately and apply retroactively to May 11, 1990, 20 Pa.B. 2524; amended November 26, 2003, effective November 29, 2003, 33 Pa.B. 5817. Immediately preceding text appears at serial page (240818).
§ 71.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
CRNPCertified registered nurse practitionerA registered nurse licensed in this Commonwealth who is certified, by both the State Board of Nursing and the State Board of Medicine, in a particular clinical specialty area and who, while functioning in the expanded role as a professional nurse, performs acts of medical diagnosis or prescription of medical therapeutic or corrective measures in collaboration with and under the direction of a physician licensed to practice medicine in this Commonwealth.
ChiropractorA practitioner of chiropractic as defined in 75 Pa.C.S. § 1508.1(b) (relating to physical examinations).
DepartmentThe Department of Transportation of the Commonwealth.
Drivers examinationAn examination to establish the ability of a person to drive, maneuver and control a school bus with safety and knowledge of the laws and regulations relating to the operation of school buses.
Physical examinationAn examination, including an eye examination, given to determine the physical and mental fitness of a person to drive a school bus safely.
PhysicianA licensed physician as defined in § 83.2 (relating to definitions).
Physician assistantA person certified by the State Board of Medicine to assist a physician or group of physicians in the provision of medical care and services and under the supervision and direction of the physician or group of physicians.
Pupil Transportation SectionThe Pupil Transportation Section of the Bureau of Driver Licensing of the Department.
S endorsementAn endorsement which is added to a commercial drivers license and which authorizes the driver to operate a school bus.
School bus driverA person who drives a school bus as defined in 75 Pa.C.S. § 102 (relating to definitions) or Chapter 171 (relating to school buses and school vehicles) except an owner or employee of an official inspection station driving the vehicle for the purpose of inspection.
School transportation medical practitionerA licensed physician, physician assistant, certified registered nurse practitioner or chiropractor appointed or approved by a school board, or by the authorities responsible for operation of a private or parochial school. The same person may be appointed or approved as both school transportation medical practitioner and school medical practitioner.
Authority The provisions of this § 71.2 amended under the Vehicle Code, 75 Pa.C.S. § § 1504(c), 1508, 1508.1, 1509 and 6103.
Source The provisions of this § 71.3 amended under the Vehicle Code, 75 Pa.C.S. § § 1504(c), 1508, 1508.1, 1509 and 6103.
Source The provisions of this § 71.3 adopted September 23, 1977, effective September 24, 1977, 7 Pa.B. 2702; amended April 11, 1980, effective April 12, 1980, 10 Pa.B. 1542; amended May 24, 1985, effective May 11, 1985, provided that subsection (b)(12) shall possess a sunset of 3 years after the date of adoption, 15 Pa.B. 1918; subsection (b)(12) readopted May 20, 1988, effective May 11, 1988, 18 Pa.B. 2301; readopted May 11, 1990, effective immediately and apply retroactively to May 11, 1990, 20 Pa.B. 2524; amended January 13, 1995, effective January 14, 1995, 25 Pa.B. 160; amended January 23, 1998, effective January 24, 1998, 28 Pa.B. 364; amended November 26, 2003, effective November 29, 2003, 33 Pa.B. 5817; amended August 24, 2007, effective August 25, 2007, 37 Pa.B. 4621. Immediately preceding text appears at serial pages (301803) to (301809) and (240823).
Notes of Decisions The existence of the medical condition of epilepsy is not controlling; the determinative factor is whether the medical condition affects an individuals ability to drive a school bus. Department of Transportation v. Chalfant, 565 A.2d 1252 (Pa. Cmwlth. 1989).
Bus driver whose license was revoked because she was diabetic, even though diabetes had been under control for years, could assert rights under the Rehabilitation Act of 1973 (29 U.S.C.A. § 794), and administration of blood sugar level test prior to each bus trip wasnt undue burden on employer. Department of Transportation v. Tinsley, 564 A.2d 286 (Pa. Cmwlth. 1989).
The affirmative defense of section 504 of the Rehabilitation Act of 1973 (29 U.S.C.A. § 794) to challenge the recall of licenses is allowed and drivers may present evidence that current heart or epileptic conditions do not pose an appreciable risk. Department of Transportation v. Brown, 558 A.2d 121 (Pa. Cmwlth. 1989).
Once a licensee presents a prima facie case of discrimination by handicap under section 504 of the Rehabilitation Act of 1973 (29 U.S.C.A. § 794), the licensee is entitled to proof by the Department that he is not otherwise qualified. In re Stober, 524 A.2d 535 (Pa. Cmwlth. 1987), affirmed on reargument, 546 A.2d 155 (Pa. Cmwlth. 1988).
Department of Transportation could recall a school bus drivers class 4 license on the grounds that he had a history of myocardial infarction and coronary arterial disease. Department of Transportation v. Spagenberg, 519 A.2d 1118 (Pa. Cmwlth. 1987).
Although bus driver never suffered a heart attack, his technical history of heart problems and by-pass surgery evidenced a history of coronary insufficiency which is a valid basis for recall of bus driving privileges under 67 Pa. Code § 71.3. Department of Transportation v. Walko, 510 A.2d 398 (Pa. Cmwlth. 1986).
Regulation at 67 Pa. Code § 71.3(b)(5) [changed to (b)(12)] prohibiting licensure of school bus drivers with hearing loss greater than 25 decibels, does not discriminate against the hearing impaired since there is a rational relationship to safety goals, it does not violate substantive due process, and it constitutes an appropriate job qualification. Giampa v. Commonwealth, 492 A.2d 505 (Pa. Cmwlth. 1985).
Although school bus operator is currently physically competent, the fact that he underwent heart surgery to correct a 95 percent blockage in a coronary artery presupposes a medical history of coronary insufficiency, thus disqualifying him as an operator under 67 Pa. Code § 71.3 (b)(3)(ii) [changed to (b)(5)]. Department of Transportation v. Miller, 492 A.2d 121 (Pa. Cmwlth. 1985).
Previous decision at 84 Pa. Cmwlth. 26, 478 A.2d 521 (1984) vacated. Subsection (b) is not arbitrary or capricious and provides a valid basis for recall of the license of a school bus driver who is in currently good physical condition but has a history of heart attack. Department of Transportation v. Johnson, 489 A.2d 960 (Pa. Cmwlth. 1985).
Panel opinion, 84 Pa. Cmwlth. 26, 478 A.2d 521, vacated. Person without any current impairment may be denied school bus driving privileges solely on basis of history of heart attack. 67 Pa. Code § 71.3 is reasonable, and hence valid under substantive due process tests. Department of Transportation v. Johnson, 489 A.2d 960 (Pa. Cmwlth. 1985).
Because the history of a disorder is not synonymous with the current existence of a disorder, the court held that the Departments application of subsection (b) was unlawful where the petitioner was determined to be physically unqualified solely on the basis of his established medical history of a myocardial infarction. Department of Transportation v. Johnson, 478 A.2d 521 (Pa. Cmwlth. 1984). Reargument granted.
In vacating and remanding the District Courts decision suspending plaintiffs Class 4 drivers license under subsection (b)(5), for wearing an eyeglass type of hearing aid the Court noted that the Department allows the granting of school bus drivers licenses to individuals who must wear eyeglasses in order to meet Department vision standards, under subsection (b)(1)(i). Strathie v. Department of Transportation, 716 F.2d 227 (3d Cir. 1983).
In vacating and remanding the District Courts decision suspending plaintiffs Class 4 drivers license under subsection (b)(5), the Court ruled that there was no factual basis in the record reasonably demonstrating that wearing a stereo hearing aid was such a physical ailment as would likely interfere with the ability to drive a school bus with safety and which would present an appreciable risk to the safety and control of school bus passengers if permitted. Strathie v. Department of Transportation, 716 F.2d 227 (3d Cir. 1983).
The provisions of this § 71.4 amended under the Vehicle Code, 75 Pa.C.S. § § 1504(c), 1509 and 6103.
Source The provisions of this § 71.4 adopted September 23, 1977, effective September 24, 1977, 7 Pa.B. 2702; amended March 23, 1979, effective July 1, 1979, 9 Pa.B. 1073; amended May 10, 1985, effective May 11, 1985, 15 Pa.B. 1750; readopted May 11, 1990, effective immediately and apply retroactively to May 11, 1990, 20 Pa.B. 2524; amended May 25, 1990, effective May 26, 1990, 20 Pa.B. 2767; amended January 13, 1995, effective January 14, 1995, 25 Pa.B. 160. Immediately preceding text appears at serial pages (150695) to (150696).
Cross References The provisions of this § 71.5 amended under the Vehicle Code, 75 Pa.C.S. § § 1504(c), 1509 and 6103.
Source The provisions of this § 71.5 adopted September 23, 1977, effective September 24, 1977, 7 Pa.B. 2702; amended through August 10, 1979, effective August 11, 1979, 9 Pa.B. 2638; readopted May 11, 1990, effective immediately and apply retroactively to May 11, 1990, 20 Pa.B. 2524; amended January 13, 1995, effective January 14, 1995, 25 Pa.B. 160. Immediately preceding text appears at serial pages (150696) to (150697).
§ 71.6. Knowledge examination.
A school bus driver knowledge examination will be given by the Department to every applicant for an S endorsement and, every 4 years, to a holder of an S endorsement. The examination shall consist of 25 questions taken from the most recent edition of the Pennsylvania School Bus Drivers Manual. Eighty percent of the questions answered correctly is a passing grade.
Authority The provisions of this § 71.6 issued under the Vehicle Code, 75 Pa.C.S. § § 1504(c), 1509 and 6103.
Source The provisions of this § 71.6 adopted January 13, 1995, effective January 14, 1995, 25 Pa.B. 160.
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.