OAR 581-053-0615: Special Pupil Activity Bus (SPAB) Motor Carrier Requirements

(1) Providers of SPAB services to Oregon Transportation Entities must receive a Certificate of Carrier Approval from ODE. (2) ODE shall issue a Certificate of Carrier Approval to a provider of SPAB services if the provider submits: (a) A complete ODE Certificate of Carrier Approval application form; (b) A copy of insurance information obtained through Federal Motor Carrier Safety Administration (FMCSA’s) SAFER site for approval as an interstate carrier; or a copy of insurance status with Oregon Department of Transportation Commerce and Compliance Division for approval as an intrastate-only carrier. (c) Documentation of a safety rating of: (A) “Satisfactory” from the USDOT within the last 3 years; or (B) “1, 2, or 3” from Department of Defense (DOD); or (C) Current copies of: (i) A level 1 or 5 safety inspection report with the number of Commercial Vehicle Safety Alliance (CVSA) decal for each SPAB; and (ii) Documentation that the provider has implemented an alcohol and controlled substance testing program in compliance with 49 CFR parts 40 and 382; and that all drivers seeking SPAB certification are enrolled in a random testing program for alcohol and controlled substance meeting all applicable requirements; and (iii) Driver logs as requested by ODE during the past 6 months; and (iv) List of SPABs by license plate number that will be used for student activities. (3) Certificate of Carrier Approval shall expire one year after date of issuance. (4) ODE may inspect records of vehicles and drivers at the carrier’s facility. Failure to allow ODE to inspect records may result in revocation of the “Certificate of Carrier Approval”. (5) SPAB Carriers may only subcontract with carriers that possess a valid Certificate of Carrier Approval to provide SPAB services. (6) A SPAB shall not be used for home to school transportation services. (7) ODE shall revoke a “Certificate of Carrier Approval” for failure to maintain or meet requirements of this rule. (8) The provisions of this rule apply to SPAB carriers providing services to Oregon schools and students.