§ 30-371. School bus regulations.

(A)

Definitions. The following words and phrases when used in this section shall have the meanings ascribed to them in this section.

(a)

"Person" shall mean natural persons, associations of persons, firms, partnerships and corporations.

(b)

"Public school bus" shall include those motor vehicles owned, operated, rented or leased by any County board pursuant to and in compliance with Chapter 234, Florida Statutes.

(c)

"Private school bus" shall mean all motor vehicles not included in the definition of "public school bus" and which are being used for the transportation of children to and from schools, kindergartens, nursery schools and day care centers, both public and private. "Private school bus" shall also include those vehicles which are being used for the transportation of children to and from activities connected with the regular operation of any clubs, associations, institutions or corporations, whether organized for profit or not for profit. Provided, however, that this section specifically excludes from its provisions any school bus whether public or private complying with the requirements of Chapter 234, Florida Statutes; and further excludes motor vehicles subject to and meeting the requirements of the Florida Public Utilities Commission and operated by carriers operating under the jurisdiction of such commission; and further excludes any vehicles operated by or under the purview of the State or any political subdivision thereof or under a franchise issued by a municipality or the Public Service Commission; and further excludes motor vehicles of the type commonly called pleasure cars when such vehicles are used by individuals and not operated in the "for hire" transportation of children.

(d)

"Operated" shall include the words owned, under the control of, under the supervision of, or operated by contractual agreement with other persons, firms, corporations or partnerships.

(e)

"Driver" shall be deemed to include any person driving or in actual physical control of a private school bus, while transporting children whether or not compensated, paid, or reimbursed in any way for such services.

(f)

"Children" shall mean any person under the age of twenty-one (21) years.

(g)

"For hire" shall mean transportation of children for compensation on the public highways.

(h)

"CSD" means the Miami-Dade County Consumer Services Department.

(B)

Inspection certificate. Upon and after the effective date of this section, it shall be unlawful for any person to drive, operate, stop or park, or for the owner to cause or knowingly permit to be driven, operated, stopped or parked on any public street, road, highway, or on any facilities owned or operated by any governmental unit within this County in the transportation of children, any private school bus, as defined in this section, unless such private school bus displays on the vehicle a valid and unexpired school bus certificate of inspection issued by the CSD.

(C)

Issuance of inspection certificates. All private school buses shall be inspected by the CSD and inspection certificates shall be issued upon compliance with the standards set out below.

(D)

School bus seating capacity. A private school bus shall transport no more children than can be seated therein so that each child has sufficient space for his shoulders and buttocks to come into full contract with the seat and seat back and sufficient knee space so that no child's knees must touch the back of the seat or other obstruction when the child is seated with his back in full contact with the back of the seat.

(E)

Inspection certificate application forms. To obtain the County inspection certificate required under this section, the following procedures shall be followed:

(a)

The owner shall obtain from the CSD an application for a County private school bus inspection.

(b)

The owner shall then present said application to the officer or person in charge of the designated inspection station together with the private school bus designated in the application for inspection.

(F)

Inspection certificate. When the inspection of a private school bus by the CSD and the application for the inspection comply with the provisions herein provided, the owner or his agent, upon payment of the inspection fee, established by administrative order, shall receive a County private school bus inspection certificate to be then and there attached to the windshield of said vehicle. The certificate shall state 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 such other information as may be required by this section.

(G)

Prerequisites to issuance of certificate. No County private school bus inspection certificate may be issued to any motor vehicle unless:

(a)

The vehicle nowhere bears either the word "school bus" or the word "stop" upon its exterior. Provided, however, that every private school bus, while being operated as a private school bus, must bear the identifying name of the school 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 sign on the rear of the vehicle stating—"Caution—Transporting Children". The lettering shall be readily visible and readable at a distance of fifty (50) feet with lettering substantially three (3) inches in height of a two-eighths inch stroke of a contrasting color to the vehicle. These letters shall be of a material visible at night.

(b)

Safety equipment shall meet the standards prescribed for a private school bus by the laws and regulations of the State of Florida and shall include the following equipment:

(1)

Nonleaking exhaust system;

(2)

First-aid kit;

(3)

At least one (1) dry-chemical type fire extinguisher of at least two and one-half (2½) pound capacity, readily accessible to driver. Such fire extinguisher shall bear label of Underwriters' Laboratories, Inc. showing rating of not less than 10-B:C. Such extinguisher must carry evidence of current inspection;

(4)

Windows shall be unbroken tempered or laminated safety glass and windshields shall be unbroken laminated safety glass to conform to United States of America Standards Institute "American Standard Safety Code for Safety Glazing Material for Glazing Motor Vehicles Operating on Land Highways" ASA Standard Z-26.1-1966, July 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 Standards contained in 49 Code of Federal Regulations, Part 371, or, original equipment seats or, custom seats substantially conforming to original equipment seats in respect to anchorage, backrest and padding. There shall be no auxiliary seating accommodations such as temporary or folding jump seats in such vehicles.

(c)

The owner presents the CSD a certificate of automobile insurance applicable to the private school bus and written in a company authorized to do business in Florida. The amount of insurance shall be carried in the sum of not less than ten thousand dollars ($10,000.00) for bodily injury, or death resulting therefrom, to any one (1) pupil and shall, for any one (1) accident be not less than five thousand dollars ($5,000.00) multiplied by the rated seating capacity of the vehicle. Such certificate of insurance shall indicate that no material change or cancellation of the policy will be effective without first giving thirty (30) days' written notice to the CSD.

(d)

It shall be the duty of the CSD to enforce compliance with the foregoing requirements by refusing to authorize inspection or issue an inspection certificate until full compliance has been made.

(H)

Right of inspection unaffected.

(a)

The issuance of a private school bus inspection certificate shall not affect the right of CSD employees and police officers to inspect said vehicle at all times to determine if said vehicle or its operation meets the standards prescribed by the CSD.

(b)

Any police officer authorized to administer or enforce the motor vehicle laws of this State and County may require the driver of a private school bus to stop and submit such vehicle and its equipment to an inspection, and such test with reference hereto as may be appropriate, to determine that such private school bus is in a safe operating condition, and that it complies with the provisions of this section.

(I)

Time for inspection. Private school buses seating twenty-four (24) or more passengers shall be inspected by CSD annually. Any private school bus seating less than twenty-four (24) passengers shall be inspected semi-annually for each half year such private school bus is operated.

(J)

Notice of rejection for noncompliance. When any private school bus shall be presented for inspection in compliance with this section and is found not to comply with the provisions herein or possesses equipment which does not comply with the requirements as herein provided, the officer or person in charge of the inspection of the same shall affix a "Notice of Rejection" to the windshield of the private school bus presented for inspection. Such notice shall state the reason for rejection and shall inform the owner or operator thereof that he will be permitted seventy-two (72) hours (which shall be exclusive of Sundays and holidays) in which to make the required adjustment and in which to present such private school bus at the same inspection station for re-inspection. It shall be unlawful to transport any children in a school bus which bears a "Notice of Rejection" on its windshield.

(K)

Fee required. The fee for the issuance of a County private school bus certificate shall be established by the Board of County Commissioners and implemented by administrative order.

(L)

Requirement and issuance of County private school bus chauffeur registration. It shall be unlawful for any person to drive a private school bus over any street in Miami-Dade County without first having obtained a chauffeur's registration from the CSD pursuant to Chapter 31, Article V of this Code.

(M)

Driver compliance. It shall be unlawful for any person to operate or cause to be operated a private school bus upon the streets of this County unless all of the provisions of this section have been complied with.

(N)

Obedience to section. It is unlawful for any person to do any act forbidden by, or fail to perform any act required by this section. It is unlawful 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.

(O)

Applicability of section. It is provided that this section shall pertain to all violations hereof within the County, and supersedes and nullifies any and all municipal sections or codes relative to the regulation of private school buses as defined herein. This section is applicable in the incorporated and unincorporated areas of the County.

(P)

Jurisdiction of the County Court. Except for chauffeur's civil violations, the violation of any provision of this section shall be within the jurisdiction of the County Court.

(Q)

Penalty for violation. All violations of this section, except civil violations by chauffeurs, shall be punishable by a fine not to exceed five hundred dollars ($500.00) or imprisonment not to exceed thirty (30) days in the County Jail, or both, at the discretion of the County Court Judge. Civil violations by chauffeurs shall be processed under Chapter 8CC of the Code.

(Ord. No. 71-94, § 1, 12-21-71; Ord. No. 72-39, § 1, 7-6-72; Ord. No. 72-60, § 2, 9-19-72; Ord. No. 75-96, § 1, 11-4-75; Ord. No. 81-107, § 1, 9-17-81; Ord. No. 87-13, §§ 1, 2, 3-17-87; Ord. No. 92-66, § 2, 7-7-92; Ord. No. 92-88, § 1, 8-14-92; Ord. No. 94-15, § 2, 1-20-94)

Annotation— AO of 11-1-83.