| (a) The standards, as detailed in this section, have
been established by the department as minimum requirements to be met
by each person seeking to become employed or to remain employed as
a school bus driver to drive any motor vehicle while in use as a school
bus for the transportation of students.
(b) Pre-employment Inquiries. Each employer shall make
investigations and inquiries, as detailed in this subsection, with
respect to each school bus driver it employs:
(1) An applicant for employment as a school bus driver
must disclose to the employer any violations of motor vehicle laws
or ordinances (other than violations involving only parking) of which
the applicant was convicted or forfeited bond or collateral during
the three years preceding the date the application is submitted; any
serious traffic violations, as defined in Texas Transportation Code, §522.003(25),
of which the applicant was convicted during the ten years preceding
the date the application is submitted; and any suspension, revocation,
or cancellation of any driving privilege that the applicant has ever
received.
(2) An inquiry into the school bus driver's complete
driving record to the department and also to any other state(s) in
which the school bus driver applicant held a motor vehicle operator's
license or permit within the past seven years. If no previous driving
record is found to exist, the employer must document their efforts
to obtain such information, and certify that no previous driving record
exists for that individual. The applicant's driving record shall be
reviewed to determine whether that person meets minimum requirements
as described in subsection (d) of this section.
(c) Annual inquiry and review of driving record.
(1) Each employer or designated person shall, at least
once every twelve months, make an inquiry into the complete driving
record of each school bus driver it employs to the department and
also to any other state(s) in which the individual held a motor vehicle
operator's license or permit during that time period.
(2) Each employer shall, at least once every twelve
months, review the driving record of each school bus driver it employs
to determine whether that school bus driver meets minimum requirements
as described in subsection (d) of this section.
(d) School Bus Driver's Driving Record Evaluation.
In determining a person's eligibility to drive a school bus, any person
who has accumulated ten or more penalty points shall be considered
ineligible to transport students until such time as he/she may become
qualified. The standards detailed in the figure in this subsection
shall apply in assessing penalty points for convictions of traffic
law violations and crash involvements appearing on his/her current
driving record:
Attached Graphic
(1) convictions for violations included in Table I
shall be assessed one penalty point for each occurrence if the date
of the violation is within three years of the date of the driving
record evaluation;
(2) crash involvements included in Table II shall be
assessed two penalty points if the date of occurrence is within three
years of the date of the driving record evaluation. Persons disqualified
because of penalty points assessed for crash involvement shall be
notified of their right to a review;
(3) convictions for violations included in Table III
shall be assessed three penalty points for each occurrence if the
date of the violation is within three years of the date of the driving
record evaluation;
(4) convictions for violations included in Table IV
shall be assessed ten penalty points for each occurrence if the date
of the violation is within ten years of the date of the driving record
evaluation; and
(5) convictions for violations included in Table V
shall be assessed ten penalty points for each occurrence if the date
of the violation is within ten years of the date of the driving record
evaluation.
(e) The assessment of penalty points is not required
for any entry which does not appear in the alphabetized table listings.
However, any entry which is deemed comparable to one appearing in
these tables shall be assessed an equivalent number of penalty points.
(f) Appeal procedure for assessment of points due to
crash involvement. Two points shall automatically be assessed for
a crash involvement occurring within three years of the date of the
driver record evaluation which appears on the driver history record.
Applicants assessed two points for crash involvements appearing on
their driving record may request a review by the person designated
by the employer to determine if they were a cause of the crash(es).
The applicant must identify the specific crash involvement(s) to be
reviewed. Request a copy of the crash report(s) on the approved form.
Mail the form to Crash Records, Texas Department of Transportation
at the address listed on the form or obtain the crash report(s) from
the Texas Department of Transportation's Crash Report Online Purchase
System at http://www.txdot.gov/driver/laws/crash-reports.html. The
designated person shall review information pertinent to the crash(es),
which should include the Texas Peace Officer's Crash Report. In examining
this report, consideration of such items as Charges Filed, Investigator's
Narrative of What Happened, Diagram, and Factors/Conditions Contributing
to the Crash should assist in making a determination as to whether
or not the assessment of penalty points is appropriate. If the designated
person reviews the crash report and any other pertinent information
and determines that the applicant was not a cause of the crash(es),
no penalty points shall be assessed. If the designated person determines
that the applicant was a cause of the crash(es), two penalty points
shall be assessed for each crash. The decision of the employer is
final.
(g) Disqualifications. A school bus driver who is disqualified
shall not drive a school bus, school activity bus, or multifunction
school activity bus. An employer shall not require or permit a driver
who is disqualified to drive a school bus, school activity bus, or
multifunction school activity bus.
(1) A school bus driver is disqualified for the duration
of the driver's loss of his/her privilege to operate a motor vehicle
either temporarily or permanently, by reason of the revocation, suspension,
withdrawal, or denial of an operator's license, permit, or privilege
until that operator's license, permit, or privilege is restored by
the authority that revoked, suspended, withdrew, or denied it.
(2) A school bus driver who receives a notice that
his/her license, permit, or privilege to operate a motor vehicle has
been revoked, suspended, or withdrawn shall notify the employer that
employs him/her of the contents of the notice before the end of the
business day following the day the driver received it.
(h) Mandatory Disqualifying Offenses. A person shall
be considered disqualified from operating a school bus, school activity
bus, or multifunction school activity bus for:
(1) A conviction of the offenses detailed in this paragraph
within the 10-year period preceding the date of the check of the person's
driving record:
(A) Texas Penal Code, §49.04; or
(B) Texas Penal Code, §49.045; or
(C) Texas Penal Code, §49.07; or
(D) Texas Penal Code, §49.08.
(2) A suspension, disqualification, or prohibition
order issued as a result of any alcohol-related or drug-related enforcement
contact, as defined in the Texas Transportation Code, §524.001,
during the ten years preceding the date of the check of the person's
driving record.
(i) Credit for concurrent suspension arising from same
drug or alcohol-related incident. If a criminal conviction occurs
that arises out of the same arrest as the Administrative License Revocation
suspension/disqualification, the disqualification period arising out
of the same arrest shall not be longer than ten years.
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