charter motorcoach transportation for school trips in ...marked with the legal name or trade name of...

September 25, 2001

Derek Graham, NCDPI Transportation [email protected]

(919) 807-3571

Charter Motorcoach Transportation for SchoolTrips in North Carolina

Charter MotorcoachTransportation for School Trips

Derek Graham

Section Chief, Transportation Services

North Carolina Department of Public Instruction

School Transportation in NorthCarolina

• Yellow School Buses - Owned by SchoolDistrict; Replaced by the State– May only be used for extra trips

that are instructional related

• Activity Buses - Meet all school busspecifications; usu. painted non-yellow

• No prohibition of chartering

• motorcoaches

What this is NOT about:

VS.VS.

In June, 2001, North Carolina’s School CharterTransportation Safety committee (SCTSC)released a set of guidelines and procedures forschools to use when contracting with motorcoachoperators to transport students. Theserecommendations resulted from a year-long multi-agency effort. The importance of the SCTSC’swork was highlighted as a motorcoach charteredfrom Fayetteville, NC crashed on I-95 in southGeorgia in April of this year.

JUNE, 2000

• Division of Motor Vehicles (DMV)Enforcement Section,

• School Bus/Traffic Safety Section

• Department of Public Instruction

Met to discuss policies used by the publicschools when contracting for motorcoaches.

Brief meeting

No policies in place

Someone needs to be looking out for thesafety of kids in this process

School districts will engage chartermotorcoach operators for long distance trips– availability of vehicles

– passenger comfort

September 25, 2001


(919) 807-3571


Survey of public school districts

Do you maintain a central list of carriers?

Who makes the decision whether or not tocharter?

Who decides the company with which tocontract?

63 Responses out of 117 schooldistricts

Do you maintain a central list of carriers?Only 4 districts (including Cumberland Co)

Who makes the decision whether or not tocharter? Usually the school

Who decides the company with which tocontract? Usually the school (teacher orprincipal)

Other States

• Survey through NASDPTS e-mail list

• Not many states have controls over schoolswishing to charter motorcoaches for schoolactivity trips.

• Due to distance, comfort etc. schools willcharter motorcoaches for school trips

• School transportation community has aresponsibility to make sure schools have theinformation to do it safely.

FEBRUARY, 2001

Sgt. Lee Black (DMV Enforcement) andDerek Graham named co-chairs of theSchool Charter Transportation SafetyCommittee

Need to include:Motorcoach operators

Feds

Public school representatives

School Charter TransportationSafety Committee

• NCDMV Enforcement

• Public Schools of North Carolina

• N.C. Motorcoach Association

• Federal Motor Carrier

Safety Administration

MARCH, 2001

North Carolina’s Spring Pupil TransportationConference

Presentation on the results of the survey

Charter motorcoach operations noted as oneof the things that the pupil transportationcommunity needs to become familiar with

September 25, 2001


(919) 807-3571


APRIL 6, 2001

Early Friday morning, following a midnightdeparture from the school, a chartermotorcoach carrying students fromCumberland County, NC flipped on its sideand skidded down southbound I-95,dragging students through shattered glassand asphalt

The Crash

• Cumberland County was one of the sameschool districts that was recognized at ourconference as being “ahead of the game” bymaintaining a central list of approvedmotorcoach operators.

• Chartering motorcoaches was not donethrough the Transportation Dept., but Exec.Director of Transportation Dr. Mike Cloverwas dispatched to the scene for 8 days.

The Crash (cont’d.)

• Driver fell asleep at the wheel

• Driver was a subcontract driver –notemployed by the approved company thatwas contracted by the school district for thetrip

• Driver had been on duty at another job priorto his departure and during the course of theovernight trip, exceeded the maximum onduty time allowed

APRIL 17, 2001

• New sense of urgency for the SCTSC

• Series of seven weekly meetings to finalizethe guidelines for schools to use whenchartering buses - June 1 deadline

• Added parent volunteer representative to thecommittee

Video

Dr. Mike CloverExecutive Director of Transportation

Cumberland County, NC

Another Crash - Canada

• Motorcoach chartered in Boston

• Four Fatalities

September 25, 2001


(919) 807-3571


MAY, 2001

• FMCSA Acting Deputy Administrator JulieAnna Cirillo, in response to the N.C. crashand another just weeks later in Canada,promised that the FMCSA would reach outto schools and help prepare them forarranging safe motorcoach transportationfor their students

JUNE, 2001

• SCTSC members signed the document:“School Charter Transportation:Recommended Guidelines and Procedures ”

• Committee presentation to members of theN.C Pupil Transportation Association attheir annual conference

JULY, AUGUST 2001

• FMCSA State Director Chris Hartleycoordinated FMCSA training with thenewly developed document

• Five regional meetings throughout NC– for public school representatives

– focused on contracting with motorcoachoperators

5 RegionalSeminars

Increased Awareness of MotorcoachOperations,Guidelines

FMCSRsIf a vehicle designed to transport more than 15 passengersincluding the driver, the motor carrier (that is, the chartermotorcoach company), the driver, the vehicle and themotor carrier’s agents are subject to the Federal MotorCarrier Safety Regulations (FMCSRs). Within theseregulations are requirements for Controlled Substance andAlcohol Testing, Financial Responsibility (minimum levelsof insurance), Driver Qualifications, Driving Rules,Standards for Parts and Accessories of Equipment, Hoursof Service Limitations for Drivers, Requirements for theMaintenance of the Equipment and Hazardous MaterialRules.

September 25, 2001


(919) 807-3571


Safety Rating

• Motor carriers receive a safety rating when acompliance review is conducted

• Six factors are reviewed to determine compliancewith the Federal Motor Carrier Safety Regulations- General - Driver- Operational - Vehicle- Haz-mat - Accidents

• Carriers do not have to have a safety rating tooperate

• SATISFACTORY, CONDITIONAL, orUNSATISFACTORY

DRUG AND ALCOHOLTESTING

• The driver of a bus designed to transportmore than 15 passengers including thedriver is subject to Pre-EmploymentControlled Substance, Random ControlledSubstance/Alcohol Testing, Post-accidentTesting, Reasonable Suspicion Testing,Return to Duty Testing, Follow-up Testing.All records are required to be kept by thecarrier.

INSURANCE

• This same type of vehicle is required tohave $5,000,000 dollars of insurance asevidenced by a form MCS-90B/MCS-82B.This is considered public information andshould be produced for review uponreasonable request by a member of thepublic.

US DOT#

• A carrier engaged in interstate commerce(that is, allowed to cross state lines) must bemarked with the legal name or trade nameof the carrier and must have the USDOTnumber displayed on both sides of thevehicle.

DRIVER QUALIFICATIONS

• A carrier must assure that before he puts adriver on the road driving, the driver isqualified as evidenced by a complete driverqualification file, which must contain allrequired documents, such as the medicalcertification form. A carrier must assurethat its drivers do not violate the hours ofservice limitations. The carrier mustmaintain time records and 6 months of timerecords must always be on file.

Hours of Service

• Example: A driver can’t drive more than 10hours without taking an 8 consecutive hourbreak. A driver can’t drive after havingbeen on duty 15 hours (part driving time,part non-driving time) without taking a 8consecutive hour break. A driver can’tdrive after having been on duty 60 hours ina 7 day period, or 70 hours in an 8 dayperiod if operating vehicles every day of theweek.

September 25, 2001


(919) 807-3571


Hours of Service Rules

• 10 hour rule - No motorcarrier shall permit orrequire any driver used byit to drive nor shall anysuch driver drive morethan 10 hours following 8consecutive hours off duty(395.3(a)1)

• 15 hour rule - No motorcarrier shall permit orrequire any driver used byit to drive nor shall anysuch driver drive for anyperiod after having beenon duty 15 hoursfollowing 8 consecutivehours off duty (395.3(a)2)


• 60 hour rule - No motorcarrier shall permit or require adriver of a commercial motorvehicle to drive, nor shall anydriver drive, regardless of thenumber of motor carriers usingthe driver’s services, for anyperiod after having been onduty 60 hours in any 7consecutive days if theemploying motor carrier doesnot operate commercial motorvehicles every day of the week(395.3(b)1)

• 70 hour rule - No motorcarrier shall permit or require adriver of a commercial motorvehicle to drive, nor shall anydriver drive, regardless of thenumber of motor carriers usingthe driver’s services, for anyperiod after having been onduty 70 hours in any 8consecutive days if theemploying motor carrieroperates commercial motorvehicles every day of the week(395.3(b)2)


• Driver’s record of duty status– Off duty

– Sleeper Berth

– Driving

– On Duty (Not driving)

Inspection, repair, andmaintenance (part 396)

• General Requirements – Every motor carrier shallsystematically inspect, repair, and maintain allcommercial motor vehicles under its control

• Maintenance file must include:– The unit number, make, serial number, year,

and tire size

– A schedule of inspections to be performed

– Inspection, repair, and maintenance records

– Records of tests conducted on buses withpushout windows, emergency doors, andmarking lights

NORTH CAROLINAREQUIREMENTS

• A bus company must adhere to North CarolinaMotor Vehicle laws in addition to the Federal MotorCarrier Safety Regulations. North Carolina Lawrequires that a driver of a bus designed to transportmore than 15 passengers including the driver have avalid Commercial Driver’s License (CDL) with apassenger endorsement. North Carolina requiresthat buses be registered properly and that a carriertransporting passengers for hire must have a for-hirelicense.

NON-PROFIT AGENCIES• Non-Profit Agencies – Non-profit

organizations (e.g. churches) are notrequired to meet federal safety complianceif they carry only organization members orif passengers do not pay to ride. If a non-profit organization charges for the use of itsmotor coach or requests a donation, it mustmeet the federal qualifications applicable toa commercial motor coach company and beregistered accordingly.

September 25, 2001


(919) 807-3571


Three Step Approach toMotorcoach Contracting

• Establishment of an initial list of approvedmotorcoach operators

• Signing a written contract for each trip

• Conducting a final inspection and reviewbefore the bus departs.

Pre-Approval

• Maintain a list of approved motorcoachoperators for the school district

• Updated annually

• Site visit recommended to discuss:– the company’s drug testing program

– maintenance program

– driver policies

– driver records

Pre-Approval (cont’d)

• Company must submit– documentation to show that it is compliant with

all applicable FMCSR’s

– certificate of insurance in which the schoolsystem is named as an additional insured

• Company should have a SATISFACTORYDOT Safety Rating

DOD Ratings

• In order to transport Department of DefenseMilitary Personnel, must submit to athorough inspection

• More detailed than FMCSA review

• Rating

• If a carrier is on the DOD list, you can bepretty sure that he is a good operator thatyou can trust with school transportation.

Annual InspectionAccident Register Vehicle Inspection Report Certificate of Insurance

September 25, 2001


(919) 807-3571


MCS 90B MCS 150

Contract for a Specific Trip

• Initiate a contract only with a carrier on theapproved list

• State explicitly that the carrier may notsubcontract any portion of the trip exceptwith another carrier on the approved list

Contract for a Specific Trip(cont’d)

• Make sure the contract ensures the rightnumber of drivers are assigned to the trip

• Include the exact itinerary, method ofpayment and other details in the contact

• About one week prior to the trip, call thecarrier’s insurance company to verify thatinsurance is still in force.

Pre-Trip Review

• After the bus arrives on site, immediatelyprior to departure, a school systemrepresentative should meet with the driverand go over certain key requirements.

Pre-Trip Checklist - Operational

• Prior to the day of the trip, review the terms of thecontract. Take a copy of the contract on the trip. Note:Emergency contact name and phone number should bein the contract.

• Check to make sure that the bus company that arrivesis the one that was contracted with for this trip. If anybus is not from that company, ensure that the busesassigned are valid subcontractors on the list of pre-qualified vendors provided by the school system.

• Make sure that the proper number of buses and driversare present, as stipulated in the contract for the trip

Pre-Trip Checklist - The Bus

qWalk around with the driver:qWindows/Windshield

qInterior Lights

qHeadlights (high beam/low beam)

qTail lights / Brake lights

qHorn

qTires (No Slick Tires!)

qUnusual oil/grease leaks at wheel seal

qFire extinguisher (charged)

qWalk around vehicle and listen for air leakswhile driver applies the brake

September 25, 2001


(919) 807-3571


Pre-Trip Checklist - The Bus

qCopy of the Annual Safety Inspection (eithersticker or paper)

qVehicle registration card to ensure that vehicle isauthorized to operate in the states of the trip.Make sure that the license plate and VIN #matches the registration card.

Pre-Trip Checklist - The Driver

qValid Commercial Drivers License with a P(passenger) endorsement


qValid Medical Certificate (Card)


qDriver’s Record of Duty Status (Log Book)

qCopies of the previous seven (7) days record ofduty status for each driver.

Implementation by 117 schooldistricts

• Most being coordinated through thetransportation department

• others handled through risk management

• many neighboring districts workingtogether

Motorcoach industry reaction -mixed

• "we are doing this any way ... no problem”

• "the attorneys are making things difficult"

September 25, 2001


(919) 807-3571


Pre-trip check list

• check list or inspection?

• some districts assigning transportation staff

• some bald tires already found - Busesrejected prior to trip

• school-based staff involvement - someinvolvement ESSENTIAL

Video - Major Charles Carden -project sponsor

NC Division of Motor VehiclesEnforcement Section

Video - Christopher Hartley,State Director Federal MotorCarrier Safety Administration

National Initiatives

• FMCSA Roundtable– NAPT

– NASDPTS

– NSTA

– United Motorcoach Association

Resources

Charter MotorcoachTransportation for School Trips

Derek Graham

Section Chief, Transportation Services

North Carolina Department of Public Instruction

charter motorcoach transportation for school trips in ...marked with the legal name or trade name of...

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