ARSD Article 61:31 — NONPROFIT BUS

PUBLIC SAFETY PUBLIC SAFETY

Chapter 61:31:01 Nonprofit bus vehicle inspection

ARSD 61:31:01:01 Definitions

In this chapter, unless the context otherwise plainly requires, the term "bus" means any motor vehicle with a capacity of ten or more passengers, excluding the driver, which is owned or operated by a nonprofit organization or privately owned and operated under a contract with such an organization.

History

• Source: 5 SDR 19, effective September 14, 1978; 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
• General Authority: SDCL 32-21-3.1.
• Law Implemented: SDCL 32-21-3.1.

ARSD 61:31:01:02 Scope of application of rules

These rules shall provide the requirements that nonprofit buses must meet to pass the nonprofit bus vehicle inspection.

History

• Source: 5 SDR 19, effective September 14, 1978; 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
• General Authority: SDCL 32-21-3.1.
• Law Implemented: SDCL 32-21-3.1.

ARSD 61:31:01:03 Brakes

All buses shall be equipped with those brakes required by and meeting the performance standards of SDCL 32-18.

History

• Source: 5 SDR 19, effective September 14, 1978; 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
• General Authority: SDCL 32-21-3.1.
• Law Implemented: SDCL 32-18-1, 32-18-7, 32-18-8, 32-18-13, 32-18-19, 32-18-20.

ARSD 61:31:01:04 Bumpers, fenders, hoods, and doors

All buses originally equipped with bumpers and fenders shall have those items securely fastened to the vehicle and maintained in a good state of repair. Doors and hoods of all buses shall comply with the provisions of SDCL 32-15.

History

• Source: 5 SDR 19, effective September 14, 1978; 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
• General Authority: SDCL 32-21-3.1.
• Law Implemented: SDCL 32-15-32.

ARSD 61:31:01:05 Exhaust system

Every bus shall be equipped with an exhaust system in compliance with SDCL 32-15, and the system shall be in good repair.

History

• Source: 5 SDR 19, effective September 14, 1978; 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
• General Authority: SDCL 32-21-3.1.
• Law Implemented: SDCL 32-15-17.

ARSD 61:31:01:06 Floor

All buses shall have floors meeting the requirements of SDCL 32-15. All floor covering shall be securely attached to the floor of the vehicle and be in a condition which will not present a hazard to any passenger.

History

• Source: 5 SDR 19, effective September 14, 1978; 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
• General Authority: SDCL 32-21-3.1.
• Law Implemented: SDCL 32-15-31.

ARSD 61:31:01:07 Fuel tank

All buses shall be equipped with a fuel tank or tanks which shall be securely fastened to the vehicle and in good repair. The tank shall be equipped with a securely attached cap.

History

• Source: 5 SDR 19, effective September 14, 1978; 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
• General Authority: SDCL 32-21-3.1.
• Law Implemented: SDCL 32-21-3.1.

ARSD 61:31:01:08 Glass

All buses shall be equipped with safety glass or safety glazing material in compliance with SDCL 32-15.

History

• Source: 5 SDR 19, effective September 14, 1978; 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
• General Authority: SDCL 32-21-3.1.
• Law Implemented: SDCL 32-15-1, 32-15-2.1 to 32-15-2.3, 32-15-5, 32-15A-5.

ARSD 61:31:01:09 Heater and defroster

All buses originally equipped with defroster and heating units shall have those units installed and in good operable condition.

History

• Source: 5 SDR 19, effective September 14, 1978; 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
• General Authority: SDCL 32-21-3.1.
• Law Implemented: SDCL 32-21-3.1.

ARSD 61:31:01:10 Horn

Every bus shall be equipped with a horn as required in SDCL 32-15, and the horn shall be in good operable condition.

History

• Source: 5 SDR 19, effective September 14, 1978; 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
• General Authority: SDCL 32-21-3.1.
• Law Implemented: SDCL 32-15-10.

ARSD 61:31:01:11 Lighting

All buses shall meet the following lighting requirements:

(1) All buses shall be equipped with exterior lighting as required by SDCL 32-17. All required lighting equipment shall be properly mounted, of an approved type, and in good working condition. Buses equipped with additional lighting devices, required by federal law at the time of manufacture, shall have those lighting devices in good operable condition;

(2) All buses shall have instrument panel lights, high beam indicator light, turn signal indicator lights, and any other interior lights in operable condition; and

(3) All buses shall be equipped with flares as required by SDCL 32-17.

Cross-Reference: Specifications for lamps and lighting devices, § 61:05:03:02.

History

• Source: 5 SDR 19, effective September 14, 1978; 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
• General Authority: SDCL 32-21-3.1.
• Law Implemented: SDCL 32-15A-5, 32-17-1, 32-17-5, 32-17-6, 32-17-8, 32-17-8.1, 32-17-9, 32-17-11 to 32-17-20, 32-17-27, 32-17-28.

ARSD 61:31:01:12 Mirrors

All buses shall be equipped with one interior and two exterior rearview mirrors that provide a clear view to the driver to the rear and past the left and right rear of the bus.

History

• Source: 5 SDR 19, effective September 14, 1978; 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
• General Authority: SDCL 32-21-3.1.
• Law Implemented: SDCL 32-15-8.

ARSD 61:31:01:13 Safety kit and fire extinguisher

All buses shall be equipped with a 24-unit first aid kit and at least one dry chemical fire extinguisher having a capacity of at least two and one-half pounds, fully charged and firmly mounted to the vehicle in full view with easy access.

History

• Source: 5 SDR 19, effective September 14, 1978; 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
• General Authority: SDCL 32-21-3.1.
• Law Implemented: SDCL 32-21-3.1.

ARSD 61:31:01:14 Seats

Buses shall have all seats securely fastened to the body of the vehicle and in such condition that they do not present a hazard to any passenger.

History

• Source: 5 SDR 19, effective September 14, 1978; 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
• General Authority: SDCL 32-21-3.1.
• Law Implemented: SDCL 32-21-3.1.

ARSD 61:31:01:15 Suspension system

There shall be no excessive play or wear in any of the components of the suspension system or any binding of the steering mechanism when turned completely to the left or right.

History

• Source: 5 SDR 19, effective September 14, 1978; 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
• General Authority: SDCL 32-21-3.1.
• Law Implemented: SDCL 32-15-28, 32-15-29.

ARSD 61:31:01:16 Tires and wheels

All buses shall meet the following tire and wheel requirements:

(1) No tire mounted on the bus shall have a cut into the fabric, be worn so that the fabric is visible, or have knots or bulges in the sidewall or tread;

(2) No tire on the wheels of the steering axle shall be worn to less than three thirty-secondths of an inch of tread depth on any two adjacent tread grooves;

(3) No tire mounted on wheels on the bus shall be worn to less than two thirty-secondths of an inch of tread depth on any two adjacent tread grooves; and

(4) No wheel shall be bent, cracked, or damaged to the extent that it affects safe operation of the bus. Lug nuts shall not be loose, missing, or stripped.

History

• Source: 5 SDR 19, effective September 14, 1978; 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
• General Authority: SDCL 32-21-3.1.
• Law Implemented: SDCL 32-19-12, 32-19-13, 32-21-3.1.

ARSD 61:31:01:17 Windshield wipers

All buses shall be equipped with windshield wipers as required by SDCL 32-15 and wipers shall be in good operable condition. Wiper blades shall be equipped with a good live rubber surface. Those buses equipped with two wipers shall have both in operable condition.

History

• Source: 5 SDR 19, effective September 14, 1978; 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
• General Authority: SDCL 32-21-3.1.
• Law Implemented: SDCL 32-15-7.

ARSD 61:31:01:18 Sticker placement on buses

All inspected buses shall have the approval or rejection sticker mounted on the inside of the windshield in the lower right corner. The certificate issued with approval stickers shall remain in the bus to be displayed on demand to a peace officer.

History

• Source: 5 SDR 19, effective September 14, 1978; 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
• General Authority: SDCL 32-21-3.1.
• Law Implemented: SDCL 32-21-3.1.

ARSD 61:31:01:19 Rejection sticker -- Operation of bus prohibited

A bus which is issued a rejection sticker is prohibited from transporting passengers until the bus displays a valid approval sticker.

History

• Source: 5 SDR 19, effective September 14, 1978; 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
• General Authority: SDCL 32-21-3.1.
• Law Implemented: SDCL 32-21-3.1.

ARSD 61:31:01:20 Certification of nonprofit bus inspectors

61 : 31 : 01 : 20 . Certification of nonprofit bus inspectors. Any person who performs annual nonprofit bus inspections shall be at least 18 years of age and certified by the Division of Highway Patrol. A person shall successfully complete a training course of at least eight hours provided by the Division of Highway Patrol prior to certification. A person shall maintain certification by completing a recertification course every five years. The recertification course consists of at least four hours of training provided by the Division of Highway Patrol.

History

• Source: 45 SDR 31, effective September 10, 2018.
• General Authority: SDCL 32-21-3.2.
• Law Implemented: SDCL 32-21-3.2, 32-21-34.

ARSD 61:31:01:21 Revocation of certification

61 : 31 : 01 : 21 . Revocation of certification. Upon a determination by the Division of Highway Patrol that any person certified as a nonprofit bus inspector has failed to exercise an acceptable level of care in performing nonprofit bus inspections, the Division of Highway Patrol shall revoke that person's certification. A person whose certification has been revoked may not perform any school bus inspections until the person has repeated and successfully completed the eight hour training course.

History

• Source: 45 SDR 31, effective September 10, 2018.
• General Authority: SDCL 32-21-3.2.
• Law Implemented: SDCL 32-21-3.2, 32-21-34.