Ask the bus guru

Jim Shafer, manager of School Bus Inc., provides answers to some of your most frequently asked questions related to school vehicles. The Sioux Falls-based company manages school transportation issues for the South Dakota Department of Education.

Q: Can a school district purchase a vehicle that has a capacity of nine or less?
A: A nine-passenger or less vehicle is unregulated. Schools and contract companies can do as they choose. This vehicle cannot be used for a daily route to and from school. It may be used for administrative travel and activity trips.

LAW: This falls to SDCL 32-32-1, which defines a school bus. While school districts may utilize this type of vehicle for purpose noted above, they should consider any civil liabilities and safety concerns that an actual school bus may reduce.


Q: Can a school district purchase or lease a 15-passenger van?
A: A 10- to 15-passenger vehicle is considered a 15-passenger van and therefore can not be purchased, leased or used by a school district for any reason. Private companies can use them for pupil transportation, but for safety reasons, it is highly discouraged.

LAW: According to the SAFETEA-LU law, Public Law 109-59 Section 7259, a school or school system, may not purchase or lease a new 15-passenger van if used for school activities or transporting pupils for pre-primary age students through secondary students. The safety record for this type of van is very poor, especially when compared to the very good safety record for actual school buses.


Q: Can a school district purchase or lease a 10- to 15-passenger people mover bus?
A: A 10-15 passenger people mover bus cannot be purchased or leased for any reason by school districts because it does not meet the specifications of a multifunction school activity bus. Private companies can use them, but for safety reasons, it is highly discouraged.

LAW: According to the SAFETEA-LU law, Public Law 109-59 Section 7259, a school or school system, may not purchase or lease a new 15-passenger van if used for school activities or transporting pupils for pre-primary age students through secondary students. The safety record for this type of van is very poor, especially when compared to the very good safety record for actual school buses.


Q: Can a school district purchase or lease a 10- to 15-passenger school bus?
A: School districts may use a 10- to 15-passenger bus that is yellow and meets all the requirements for a school bus. This may be used for to-and-from school routes and activity travel.

School districts may purchase and use a white multifunction school activity bus that meets all of the school bus specifications except that is does not have student lights and it is not yellow. However, this bus may not be used for a daily route to and from school. The determination is the same for private companies.

LAW: A school bus of this type is a Class A School Bus. It is a conversion bus constructed utilizing a cutaway front section vehicle with a left side driver's door. This definition includes two classifications: Type A-1, with a GVWR of 14,500 pounds or less; and Type A-2 with a GVWR greater that 14,500 pounds and less than or equal to 21,500 pounds.

In short, this type of vehicle looks like a bus, just a short bus. To be used as an activity bus, it has to meet all the requirements other than color and lighting (SDCL 32-32-2 and SDCL 32-32-5).


Q: Can a school district purchase or lease a 16-plus passenger people mover type bus?
A: Sixteen and over passenger people mover buses, multifunction school activity buses, white activity buses, and motor coach buses may be used for administrative and activity travel by both school districts and private companies. These buses may not be used for a daily route to and from school.

LAW: In this example, the vehicle would not meet the requirements of SDCL 32-32-2 and SDCL 32-32-5 requiring markings and lights. Depending on how you define administrative travel, you should be familiar with SDCL 32-32-13. That law governs what purposes a bus can be used for when not transporting students to or from school. Please note that this law addresses only buses owned by private persons or corporations. It leaves out buses owned by school districts.

32-32-13. Transportation of persons attending conventions by school buses. Any school bus meeting the requirements of § 32-32-4 which is owned by a private person or corporation in this state and used to provide transportation services for school children may, when not being used to transport children under the contract, be used for transporting persons attending a convention if:
(1) The words, school bus, are covered with opaque material;
(2) The lights required by § 32-32-5 are disabled;
(3) The appropriate permit and a licensed driver for commercial operation of the bus are in effect at the time of usage.
This section is applicable only in circumstances when no other South Dakota commercial bus is available.
Source: SL 1988, ch 267.


Q: Does a 10- to 14-passenger school bus, a multifunction school bus or activity bus require a CDL?
A: No.

LAW: The driver is not required to have a CDL. This is covered by SDCL 32-12A-1(5)(c)(5) "Commercial motor vehicle," a motor vehicle designed or used to transport passengers or property:

(a) If the vehicle has a gross combination weight rating of twenty-six thousand one pounds or more and the towed unit has a gross vehicle weight rating of more than ten thousand pounds;
(b) If the vehicle has a gross vehicle weight rating of twenty-six thousand one or more pounds;
(c) If the vehicle is designed to transport sixteen or more passengers, including the driver; or
(d) If the vehicle is of any size and is used in the transportation of hazardous materials and is required to be placarded in accordance with 49 C.F.R. Part 172, Subpart F, as amended through January 1, 2007;

Q: Is the driver of a 10- to 14-passenger non-CDL school bus required to take the state’s annual training?
A: Yes, the annual school bus driver training is required by the State of South Dakota.

LAW: SDAR 24:06:08:01. Training of school bus drivers and bus attendants. School bus operators must provide annual training for school bus drivers in accordance with the section entitled "Driver" pages 121 to 124 and the section entitled "Bus Attendant" pages 124 and 125, in the National School Transportation Specifications & Procedures, 2005 Revised Edition. In addition, the following provisions apply:
(1) The State approved pre-service training program shall include a minimum of two hours of classroom training, which will include knowledge of basic first aid procedures, and two hours of behind-the-wheel training to enable safe and efficient vehicle operation;
(2) The annual State approved in-service program shall include a minimum of four hours of classroom and/or behind-the-wheel training.