Rule 3301-83-19 | Authorized vehicles for transportation of pupils to and from school and school-related events.
The following are authorized vehicles for the transportation of pupils to and from school and school-related events:
(A) School buses
All vehicles designed to carry more than twelve passengers, not including the driver, and used to transport pupils to or from school or school-related events will meet or exceed all applicable federal regulations and the Ohio school bus construction standards. Refer to division (F) of section 4511.01 of the Revised Code, rules 4501-5-01 to 4501-5-04 of the Administrative Code, and 49 U.S.C. 30125.
(B) Mass transit system vehicles
"Mass transit system," as defined in rule 4501-1-01 of the Administrative Code, means any person engaged in the transportation of the general public over established routes under the United States department of transportation (USDOT) or a permit issued by the public utilities commission of Ohio or franchise of a political subdivision. Mass transit system vehicles under contract with a board of education or county board of developmental disabilities may operate on routes designed for the purpose of transporting fare-paying passengers and eligible pupils simultaneously under the following conditions:
(1) Whenever a mass transit system transports children to or from a school session or school function, the mass transit system will comply with applicable state and federal law, including section 4511.78 of the Revised Code and Chapter 4501-1 of the Administrative Code.
(2) Mass transit vehicles may only be used to transport students in accordance with section 3327.017 of the Revised Code.
(3) As set forth in division (A)(2) of section 4511.78 of the Revised Code and division (F) of section 4511.01 of the Revised Code, a bus devoted exclusively to the transportation of children to and from a school session or school function is a school bus subject to paragraph (A) of this rule.
(4) Nonconforming mass transit system vehicles (i.e., ten to fifteen passenger motor vehicles not meeting 49 U.S.C. 30125 standards for a school bus) will not be used for the transportation of pupils by any carrier unless they exceed ten-thousand pounds GVWR or are designed to carry more than sixteen passengers including the driver.
(C) Vehicles other than school buses
As set forth in rule 3301-83-04 of the Administrative Code, the rules in this chapter do not apply to parental transportation that is provided outside the authority of a school or education program or school-related activities or school-sanctioned events, or by any parent for their own children. Motor vans, as defined in rule 3301-83-04 of the Administrative Code, may be used for student transportation as provided for in section 4511.76 of the Revised Code and in compliance with the following:
(1) The vehicle is to be equipped with safety equipment including a fire extinguisher, first-aid kit, body fluid cleanup kit, fuses, spare fuses, and emergency reflectors.
(2) The vehicle will have a rooftop sign marked "School Transportation."
(3) The name of the school district, community school or chartered nonpublic school, or the name of the contractor, if applicable, will be clearly marked on the side of the vehicle.
(4) These vehicles will be inspected by a qualified mechanic not less than two times per year to determine that the vehicle is safe for pupil transportation. This inspection will cover at the minimum all applicable sections of the motor van inspection detailed in rule 3301-83-11 of the Administrative Code. In addition, periodic maintenance intervals will be established and implemented. Documentation and proof of these inspections and service procedures, in addition to all other vehicle records discussed in rule 3301-83-14 of the Administrative Code, are to be kept on file with the school district transportation department.
(5) It is the responsibility of each vehicle driver to complete and document a daily pre-trip inspection before transporting pupils as set forth in rule 3301-83-11 of the Administrative Code. The vehicle owner may designate another qualified individual to complete and record portions of the stationary inspection in lieu of the vehicle driver. Pre-trip inspection records will be kept on file for a minimum of twelve months.
(6) Loading of these vehicles will be performed in compliance with the passenger, weight, and other associated restrictions as identified by the original equipment manufacturer.
(7) Drivers of these vehicles are to be accustomed to driving the vehicle and meet all qualifications for school transportation drivers as identified in paragraph (B) of rule 3301-83-06 of the Administrative Code and section 3327.10 of the Revised Code.
(D) Commercial carriers
Commercial carriers include carriers that are licensed and inspected by the appropriate government agencies to transport passengers for hire. Examples would include railroads, airlines, commercial watercraft, or commercial buses. This paragraph applies to both routine transportation of students to and from regularly scheduled school session and to non-routine transportation as defined in rule 3301-83-04 of the Administrative Code.
(1) A vehicle designed to carry more than twelve passengers, not including the driver, that is devoted exclusively to the transportation of pupils to and from a school session or a school functions, is defined as a school bus under division (F) of 4511.01 of the Revised Code and is subject to paragraph (A) of this rule and applicable state and federal regulations for school buses.
(2) Nonconforming vehicles (i.e., ten to fifteen passenger vehicles not meeting the FMCSR's for school buses) will not be used for the transportation of pupils by any carrier unless they exceed ten-thousand pounds GVWR or are designed to carry sixteen or more passengers including the driver.
(3) Districts, educational service centers, community schools and chartered nonpublic schools who contract with commercial carriers (e.g., charter buses) are responsible for ensuring the safety of student and other passengers when utilizing commercial carriers. School boards and governing bodies should adopt and implement policies that include, but are not limited to:
(a) Requesting documentation from the vendor demonstrating that drivers and vehicles meet all applicable state and federal law standards (e.g., drivers possess a current commercial driver's license with passenger endorsements) and drivers have safe driving records;
(b) Verifying vendor information to screen potential contractors, for example:
(i) Does the vendor subcontract for equipment and/or drivers and if so, applying the same standard of review as to the subcontractor;
(ii) Does the vendor have public liability insurance for the operation of its buses that meet applicable state and federal minimum levels;
(iii) Does the vendor conduct driver criminal record background checks through local regulatory authorities or the U.S. department of transportation that are compliant with federal, state and local law;
(iv) What is the vendor's safety record and accident history as verified through https://safer.fmcsa.dot.gov/, and does the vendor have a satisfactory rating with the U.S. department of transportation;
(v) Does the vendor implement driver physical examinations;
(vi) Does the vendor implement a driver drug and alcohol testing program that includes pre-employment, for cause, and random testing;
(vii) Does the vendor consider driver fatigue in assigning work schedules and will the driver be able to complete planned trips within legal limits of driving hours;
(viii) Does the vendor require preventative maintenance for the vehicles, including regular inspections;
(ix) What procedures exist for roadside breakdowns, accidents, emergencies and bus evacuations, and does the vendor have a travel continuity plan in the event of breakdowns, accidents and emergencies.
(E) Taxicabs
Taxicabs may be used for transportation of pupils when the use of other modes of transportation as described in this rule are not reasonable as determined by the public school district. For purposes of this rule, taxicabs mean municipally licensed vehicles transporting passengers for hire. Taxicabs are to be originally designed and constructed at the factory for twelve or fewer passengers, not including the driver.
The owner or operator of taxicabs will provide documentation to the school district confirming compliance with this chapter.
The owner or operator of taxicabs will provide proof of insurance to the school district in the amounts as specified in section 3327.09 of the Revised Code for vehicles used in the transportation of school children.
(F) Vehicles not meeting the definitions listed in paragraphs (A) to (E) of this rule do not conform to state and federal law/rule and will not be used for transportation of pupils to or from school or or school related events.
Last updated July 24, 2025 at 8:12 AM
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