Emergency Rules and Regulations Regarding Eligibility for Pupil Transportation Certificate


280-4796 INACTIVE RULE EMERGENCY RULE

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Title 280 Department of Revenue
Chapter XXX Old Regulations Which Were Not Assigned Chapter-Subchap-Part
Subchapter XX Old Regulations Which Were Not Assigned Chapter-Subchap-Part
Part 4796 Emergency Rules and Regulations Regarding Eligibility for Pupil Transportation Certificate
Type of Filing Adoption
Regulation Status Inactive
Effective 08/14/2007 to 02/06/2008

Regulation Authority:

31-22-10

Purpose and Reason:

Emergency Rules and Regulations Regarding Eligibility for Pupil Transportation Certificate will ensure that the applicant’s personal background and driving history demonstrate an ability to safely operate pupil transportation vehicles and interact with school children, by establishing criteria for evaluating applications for pupil transportation certificates.

Brief statement of Reason for Finding Imminent Peril:

Chapters 185 and 207 of the 2007 Public Laws, authorizing the use of pupil transportation vehicles, were enacted on July 2, 2007. Although these 2007 enactments require that the operator of a pupil transportation vehicle possess a valid chauffeur’s license and pass a written test administered by the Division of Motor Vehicles (DMV), there are no restrictions regarding the criminal record or driving history of individuals who seek to operate a pupil transportation vehicle. Because there are different licensing requirements for school bus drivers compared to pupil transportation vehicle drivers, the above mentioned Rules and Regulations for School Bus Driver Certification may not be applied to potential pupil transportation vehicle drivers. Because Chapters 185 and 207 of the 2007 Public Laws do not address criminal background or driving history requirements for drivers of pupil transportation vehicles, there is a need to immediately address this issue. In order to ensure the safety of the children transported in pupil transportation vehicles, it is a necessity that DMV must review the operator’s past driving history and criminal background. Without the necessary criteria, any holder of a Rhode Island chauffeurs license would be authorized to operate these vehicles, regardless of criminal record or history of unsafe driving. Currently, school bus drivers are subject to this type of scrutiny pursuant to valid rules and regulations concerning the licensing of school bus drivers; operators of pupil transportation vehicles should be held to the same standards regarding driving history and criminal background.