HomeMy WebLinkAboutSec. 30-371 Bus Regulations
TRAFFIC AND MOTOR VEHICLES
~ 30 371
See.. 30-371. School bus regulations.
W Definitions. The following words and
phrasea when uaed in this aec:t.ion shall have the
m_nings aacribed to them in this eecUon.
ea) "Penon" ahallmean natural persons, as-
aoci.ationa of persona, finns, partnerships
and COIp01~tiOns_
(b) ''Public school bus" shall include those
motor -rehic1es ~ operated. rented or
leued by any County board pursuant to
and in compliance with Chapter 234,
Florida S~tutes.
(c) "Private school bus" shall mean all motor
vehicles not included in the definition of
"public lCbool bus" and which .are being
used for th~ transportation of children to
and (rom schools, Jcindergart.en.s, DW'$ery
schools and -day care centers, both public
and priva~. ."Private school bUs" shall also
include those vehicles which are being used
for the tnlnsportation of children to and
from activities connected with the regular
operation o( any clubs, associations, insti-
tutions or ColJ>Orations, whether organized
for profit or not for profit. Provided, how-
ever, that t.hU section specifically excludes
from ita provisiona any school bus whether
public or private complying with the re-
quirements of Chapter 234, Florida Stat-
utes; and further excludes motor vehicles
subject to and meeting the requirements of
the F10rida Public Utilities Cnnnni~on and
operated bY'.carrier. operating under ..the
jurisdiction of wch commimon;. and fur-
ther excludes any ~es operated by or
under the pUrview of the State or any p0-
litical aubdivUion thereof or under a fran-
chise iaued by. municipality or the Public
Service Cnntmi~on; and furtb.er~cludes
motor Tebicles of the type c:ommOzUy called
pleasure cara when wch vehicles are used.
. by individwW and not operated in the "for
hire" tra1UpOrtation of ch.lldreri~'l'
. - .1<;0." ~_. ~ .. .-
(d) "Operated" aha.11 include the Warda owned,
under the cOntrol of, under the Stlpervision'
of. or operated by contractual agreement
with other persons, firms, corporations or
partnersh.i ps.
4501
li 30371
DADE COUNTY CODE
(e) "Driver" ahall be deemed to include any
penon "driving or in actual phyaica..l control
of a private school bus. while tranaporting
cb.i1dren whether or not oompenaated. paid,
or reimbuned in any way for RIch Ie1"Vices.
to "ChU~1I aha1.1 mean any penon under
the age of twenty-one (21) Year&..
(g) ~or JUre"dWJ. mean ~ orchil-
dren for oo~..tion on th<<: public high. .
W'8,y5.
(h) "CSD" means the Dade County Consumer
Services Dep.art.men t.
ill) lru}HCtion r:u-ti.{i.cau.. Upon and aft.e.rtbe ef.
fective date of this section. it shall be unlawful for
any penon to drive. 0J>e.n1te. -stop "or park. or for
the owner to cause or knowingly.permit to be
driven. operated, &'topped or parked on 'any public
street., road. highway, or on .toy facilities owned
or operated by any goVc1urnenta! unihritliin this
County in the:tra..nsport.snon of clwdren, llIlY'pri.
vate school bus, as 'defined in.this section, unless
such private school bus.di.splayro on the ~hiae 8.
valid and unexpired &Chool bus Certificate of in.
&pection issued by the CSD.
ee} IufUIJ1U of.iru~n C:Uti/U::a.U.s. All pri-
vate school buses shall.be inspected by the CSD
and inspection certificates shall be issued upon
compliance with the standards set out below.
(0) School bU6 ~ OOp,.city. A private &ehool
bus &haIl transport no more ehildren than can be
aea.ted therein ao that. achchi1d hu auIIicient
space for his shoulders and lnittocka to 'Come into
full contract with the &eat and &eat bade and 1Uf.
fic:ient knee ~ so that no child'. knee. must
touch the bad: of the 8eat or other obctruction
when the child ia aeated with hia bade in full COn-
tact with the back of the lIeat.
(E) lrupectian CC'ti/ioat.e app1icanon f'onru. To
. obtain the County in..pecaon certifi<'1lte r-equired
under this aection. the following procedUres .ball
be followed:
(ll) The owner &.hall obtain from the CSD an
application for a County private school bus
i.n.sp.octio n.
(b) The owner shaJI then present &aid applica-
tion to the officer or person in charge of the
designated inspection s~tion together with
the private &cl1ool bUG designated in the ap-
plication for inspection.
(F) lrupedion arti{ica.t~. When the inspectjon
of a private achool bus by the CSD and .the appli.
cation for the inspection comply with the pro vi-
mom herein provided. the owner or his agent., upon
payment of the in,apection fee, establlshed by ad~
mini.stntive order, shall rtteive a County private
school bUG inspection certificate to be then and
there attached to the windshield of said vehicle.
The certificate shall &tate that the private school
bus was determined to be safe at the time of the
inspection, the expiration date of the certificate of
inspection, and cuch other information as may be
required by this section.
(G) furequisites to issuance of c~rti{ica.t~. No
County private &chool bus inspection certificate
may be issued to any motor vehicle unless:
(a) The vehicle nowhere bean either the word
"~ool bus" or the word "stop.. Upon its
exterior. Provided. however, that every pri.
vate &chool bus, while being operated as a
private school bus, must bear the identi.
fying name of the &chool or organization for
which it is operated or the name of the
owner thereof on the sides of said vehicle
and further provided that it must. bear a
6ign on the rear of the vehicle stating_
"Caution- Transporting Children". The let.
tering shall be readily visible and readable
at a dinance of fifty (50) feet with lettering
aubatantially three (3) inches in height of a
. two-ei&hths inch atroke of .-cont.ruting
color to the Tebicle. These letter. sball be
of a material vWl>le at night.
(b) Safety equipmen-t &ball meet the atandards
Prcacribed for a private school bus by the
!aWl and regula.tions of the State of Florida
and shall include the following equipment;
(1) N onlea.king exhaust 'YEtem;
(2) F irst-aid kit;
(3) At least one (1) dry-<:hemical type f'u-e
extinguisher of at least two and one-
half(2\12) pound capacity, readily acces-
sible to driver. Such fire exting"'Jisher
shall bear label of Underwriters' Lab.
4502
TRAFFIC AND MOTOR VEHICLES
oratories, lne. shoWIng rating of Dot less
than 10-B:C. Such extingu.iaher must
carry evidence of C\1.tT'CDt in.spec:tion;
(4) Windows ahall be unbroken tempered
or l"minJlted aaIety glaas and wind-
ahields Ihall be unbroken l.nnn_ted
aafety gla.u to conform to United States
of America Standards Institute "Amer-
ican Standard Safety Code (or Safety
Gl.uing Material far GlAring Motor Ve-
hicles Operating on Land Highways"
ASA Standard Z.26.1-1966, J'uly 15,
1966;
(5) Inside rear view mirror capable of
giving the driver clear view of motor
vehicles approaching from the rear and
outside left and right rear view mirror;
and
(6) Seats securely anchored conforming to
Federal Motor Vehicle Safety Stan-
dards contained in 49 Code of Federal
Regulations, Part 871. or. original
equipment &eats or, custom aeats sub-
stantially conforming to or~ equip-
ment seats in respect to anchorage,
backrest. and padding. There shall be
no auxiliary -flMng ao:ommodations
such as temporary or foldingjump seats
in such vehicles.
(c) The owner presents the CSD a oertificate of
automobile insurance applicable to the pri-
/ vate school bus and written in a company
authorized to do business in Florida. The
amount of inaurance ahall be carried in the
sum of not leu than ten thousand dollars
($10,000_00) for bodily injury, or death roe-
aulting therefrom.. to anyone eu pupil and
ahall. for anyone (1) a.eci~t be DOt lea
than five thouaand dollara <$5,000.00) mul-
tiplied by the rated -..ting aa.-ftlttity of the
Tehicle. Such c:erti1icate of in.auraDce 8hal.1
indica.t.e that no material change or cancel-
lation of the policy will be effective without
,. i:int.gi~ ~ (30) cia,..' WJitt.eD..Dotice
to the CSD.
(d) It atuill be the duty of the CSD to enforce
compliance with the foregoing requirements
by refusing to fluthorire inspection or issue
Sup;:> \:0
~ 30.371
an inspection certificate until full compli-
ance baa been made.
(H) Right of irupection una{fecU:d..
ea) The lasuanoe of a private echool bus inspec_
tion oertifi.cate ahall not affect the Jieht of
CSD employeea and police officers to in-
~ uid Yehi.cle at all times to determine
if said vehicle or ita operation Ineets the
atandarda prescribed by the CSD. '.
(b) Any police officer authorized to adm1niKter
or enforce the motor whicle laws or. this
State and County may ~ the driver of
a private achool bus to atop and submit such
vehicle and ita equipment to an inspection,
and such test with reference hereto as may
be appropriate, to determine that such pri-
- vate school bus is in a aafe operating con.
dition. and that it complies with the provi-
&ions of thir; &ec:tion.
m Time for w~n. Private school buses
aeating twenty-four (24) or more pas.sengers shall
be in.spected by CSD annually. A:ny private school
bus ~Mng less than twenty.four (2.() p<<1-"cen>
IIhall be i.n.spected aemi-annualJ;y (or each balfyear
such private echool bus U operated.
. .
(J) Notia of rej<<ti.on for noncompl~ When
any private school bus IIhall be presented for in-
spection in compliance with thia soction and is
found not to comply with the provi.&ions herein or
poaeaaea equipment which does not oompJ;y with
- the requirementa as herein provided; the 'officer
or penon in ch.arge of the f.n.spect.ion of the same
ahall affix a "Notice of ~on". to the wind-
. ahie1d of the private 8Cbool bu.a prMeDted for in-
~on 8uch DOtic::e ahall atat.e the reuon . {or
nQection and ahallln!orm, the owner or operator
thereof that he will be permitted 8eTenty.two (72)
hou.n (which ahall-be .......lUll" of Sunda.Ya and
bolidaya) in which ,to make the required.8(ljuat-
ment and in which to preient auch private .8Chool
bu. at the aame In.pectionatatlonfor'-re-
in-pection...lt ah.all be unlawful to t:ranaPort. any
children in a 8Cbool bus which bears a "Notice of
Rejection" on its windahielcl ..,. T'
(K) Fu requind. The fee for the issuance of 8
GJUnty private &Choal bus certificate shall he es.
4503
~ 30-371
DADE COUNTY CODE
tablished by the Board of County CommiAcrioners
and implemented by BLlmin\strativo order.
(1..) ~ and iuua.n.cc of County prioo.u
Wwol bus ChauffeUr ~n.lt aha11 be un-
lawful for any person to drive a private achool bus
OVer ~y atreet - in Dade County without first
having obtained a chauffeur's ~on from
the CSD ptlraUant to Chapter 31. Article V of this
Code.
(M) Dri~roomp~ It shall be unlawful for
any person to operate or cauae to be operated a
private school bus upon the streets ofthia County
unless all of the provisions of this section have
been complied with.
(N) O~d~ to seciUJ~ It is unlawful for any
person to do any act forbidden by, or fail to per.
form any act required by this section_ It is un-
lawful for the owner or any person employing or
otherwise directing the driver of the vehicle to
require or knowingly permit the operation of a
private school bus in any manner contrary to this
section.
(0) ApplicOOility of .ection. It is provided that
this section ahall pertain to all violatioD.4 hereof
within the County, and supersedes and nullifies
any and all municipal8eCtions or codes relative to
the regulation of private school buses as defmed
herein. This section is applicable in the incorpo-
rated and unif'Jcorporated areas of the County.
(P) J urisci.i.ctWn of tJu Corutty Court. Except for
chauiTeui'r; civil violations, the violation of any
provision of this &ection &.hall be within the juris-
diction of the County Court.
(Q) Pawlty for uiolation.. All violationa of this
section. except civil violatioDJI by chal!ffeu:ra. ahall
be pu n i.h ..hIe by a fine not to ex.oeed fne hundred
dollara ($.500.00) or itnpriaomnent not to ~
thirty (30) days in the County Jail. or both. at the
di.acretion of the County Court Ju~ Civil viola-
tiona by chauffeurs &hall be pt"OOeued -llnder
Chapter Bce of the Code_
(Ord. No. 7l-9{. ~ 1. 12-21-71; 0rtL No. 72-39, 6 1.
7-6-72; Ord. No. 72-60, ~ 2, 9-19-72; OrclNo. 76-96,
~ 1, 11-4-75; Ord. No. 81-107. ~ I, 9-17-81; Ord.
No_ 87-13, H 1, 2, 3-17-87; Ord. No_ 92-66. ~ 2,
7-7.92; Om. No. 92-88, ~ 1,8-14-92; Ord. No. 94-15,
~ 2. 1.20-94)
Annoution_AO of 11-1-83
Supp /',-0
. See. 3().372. Inspecuon of school buses; pbys.
lcal requirements of drivers.
(1) (a) All motor vehicles. other than private
p&Menger automobiles and echool bUSes
with a- ~ting capaclty of less than
twenty-four (24) pupils. which are used
Prim.aribr for the tnmaportation of pu-
pils to 5Cb.ooI. but which are not Oper-
ated by or under the purview of the
State or a political aubdivision thereof
or under a fra.ncbise issued by a mu-
nicipality or the Public Service Com.
mission. &h.allcomplywith the require-
ments for school buses of Chapter 234,
F.5.
(b) For the purposes of this section the
term .'school" includes ell public and
private nuraery. pre-elementary, ele.
mentary, secondary. and college level
schools.
(2) (a) Every bUB with a seating capacity of
less than twenty-four (24) pupils shall
be equipped with the following:
1. Nonleaking exhaust r;ystern;
2. First aid kit;
3~ Fire extinguisher;
4. Unbroken wety glass on all win-
dows;
5. Inaide rear view minor capable of
giving the driver clear view of
motor vehicles approaching from
the rear, and
6. Seata aec:urely anchored.
-(b) Such vehicles ahall be covered by lia.
bility insurance to protect pupiL; being
transported.
(e) Such vehicles aha.ll t:t1uuport no more
pAMengen than they are equipped to
~L
(3) It ahall be unlawful for any person to drive
a private school bUB over any street in Dade
County without first h4ving obtained a chauf.
feur's registration from the CSD pursuant to
Chapter 31. Article V of this Code.
4504
TRAFFIC AND MOTOR VEHICLES
~ 30.373
(4) All school buses and all motor vehicles cov-
ered by subsection (1) &hall be inspected annually
by the Department, and when found satisfactory
for safe operation shall display on the vehicle a
cu rrent certificate oC Wpect.ion.
(5) The Department &hall promulgate GUch roles
and regulations as are necessary to effect the pur-
poses of this section.
(Ord. No. 71-94, ~ 1,12-21-71; Ord_ No. 94-15, ~ 2,
1-20-94)
Annotat.lona-AO of 11-1-83; CAO 79-~H.
See. 30-372.1. Private school bus inspection
fees.
The County Manager is authorize<:l by adminis-
trative order, effective upon approval by resolu-
tion of this Board, to &et and impose fees for County
inspection of private school buses. The fee pay-
able hereunder shall be deposited in a separate
County fund and shall be used exclusively to cover
the County's cost of inspections. No part of said
fund 6hall be used for purposes other than the
aforesaid. The criterion for vehicle certification
and inspection pursuant to this section is compli-
ance with Sections 30-371 and 30-372 oCthe Dade
County Code, Chapter 234, Florida Statutes, and
Section 316.615, Florida Statutes, and the State
regulations which implement the foregoing provi-
sions of Florida law.
(Grd. 1'\0. 83-103, 9 I, 11-1-83)
Editor'. note-Ord. No. 83-103. ~ 3, adop~d Nov. 1.1983.
provided for amendment or the Code but did not.pecify manner
of inclusion; therefore. designation of ~ 1 as Code ~ 30.372.1
has been at theedilor'. d.i5CTetion.
Scpp 1'0
4505