Wisconsin Legislature: Trans 300.81(7)(e)

History: Cr. Register, February, 1983, No. 326, eff. 3-1-83; cr. (6), Register, February, 1995, No. 470, eff. 3-1-95; am. (4) and (5), Register, December, 1997, No. 504, eff. 1-1-98.

Trans 300.78 Seats and restraints.

(1) Seat frames may be equipped to accept seat belts or other types of restraints.

(2) Every occupant shall be secured to the wheelchair while being transported. This securement shall be separate and in addition to that required in s. Trans 300.77.

(3) Aisle-facing seats in buses transporting wheelchairs are permitted only over the wheel housing provided they are equipped with a device to prevent a passenger from sliding off either end. These seats shall be permanently mounted and may not have a retractable seating surface.

History: Cr. Register, February, 1983, No. 326, eff. 3-1-83; am. (3), Register, February, 1995, No. 470, eff. 3-1-95; am. (3), Register, December, 1997, No. 504, eff. 1-1-98.

Trans 300.79 Communications. Every school bus used to transport students in special education or students with disabilities shall comply with the communication requirements found in s. Trans 301.14.

History: Cr. Register, February, 1995, No. 470, eff. 3-1-95; CR 22-048: am. Register July 2023 No. 811, eff. 8-1-23.

Trans 300.80 Optional equipment. A school bus owner or operator shall use the following procedure to obtain authorization for equipment that is not specifically authorized by this chapter:

(1) Submit an authorization request for equipment installation to the administrator, division of state patrol, P.O. Box 7912, Madison, Wisconsin, 53707-7912.

(2) Equipment installation may only proceed following receipt of a letter of authorization from the administrator, or designee, of the division of state patrol.

(3) Provide for inspection of the vehicle and equipment if necessary.

History: Cr. Register, February, 1995, No. 470, eff. 3-1-95.

Trans 300.81 Authorized optional equipment. The following equipment is approved:

(1) Public address system. A school bus may be equipped with a permanently mounted public address system that allows the driver to communicate directions by voice to students outside the bus. Mounting of any external speakers may not interfere with driver visibility, mirrors or outside lights. Speakers may be mounted under the hood.

(2) Wide angle rear view lens. A school bus may be equipped with a wide angle rear view lens mounted on the upper window of the emergency door. The lens may not cover more than 220 square inches. The lens shall be centered on the window and shall be permanently attached.

(3) Restroom. A restroom facility may be installed at the rearmost section of a school bus. Installation shall meet all statutes and rules related to such installation. The following conditions shall also apply:

(a) The restroom door shall be locked during pupil transportation.

(b) All walls shall be constructed of rigid material.

(d) There may be no sharp edges or protrusions.

(4) Back-up alarm. A school bus may be equipped with a back-up alarm system manufactured in accordance with any federal or state specifications.

(5) Air conditioning units. A school bus may be equipped with air conditioning systems. The system shall be approved by the Wisconsin division of state patrol prior to installation.

(6) Air foil. A school bus may be equipped with a yellow or black air foil system on the top rear. An air foil system shall be mounted so as not to interfere with the visibility of required lights and lettering.

(7) Camera, audio monitor or recording device / computer antenna. A school bus may be equipped with a camera, audio monitor or recording device, or computer antenna subject to the following conditions:

(a) When a device is mounted in the driver’s compartment it shall be located so as to not interfere with movement into and out of step well area. When a camera is placed to view through the windshield it shall not be located to the left of the centerline of the school bus. The camera shall be mounted not more than 2 inches below the upper edge of the area swept by the windshield wipers and located outside the driver’s sight lines to the road, mirrors, highway signs and signals.

(b) The device may not interfere with driver visibility and passenger entrance and aisle.

(c) A device mounted in the rear of the school bus shall not protrude more than 6 inches forward of the rear bulkhead or from the ceiling.

(d) A maximum of two devices may be located near the middle of a school bus, if they do not protrude more than 4 inches and are located no more than 15 inches above the side windows that are not emergency exits, measured from the edge of the window frame directly to the device. The device or devices shall be mounted parallel to a seat back. If flush mounted, the device or devices may be located beyond the 15 inch separation from the side window.

(e) All devices shall be securely fastened and contained within a shatterproof housing. All exposed edges or sharp corners shall be protected or designed to prevent injury upon contact.

(f) External devices shall be contained within a shatterproof housing.

(g) A video display, if utilized, shall be mounted in the driver’s compartment and within or in close proximity to the forward field of view of the driver. It shall not restrict visibility of the driver’s sight lines to the road, mirrors, highway signs and signals, or affect operation of the school bus controls. The video display may be incorporated as part of the interior rear view mirror and display an image when the parking brake is applied, warning lamps are activated, or transmission is in reverse.

(8) Blood-borne pathogen kit. A school bus may be equipped with a blood-borne pathogen kit subject to the following conditions:

(a) The kit shall be mounted or located in the driver’s compartment.

(b) The kit shall be labeled.

(9) Airfoil. A school bus may be equipped with an airfoil designed to reduce the accumulation of snow on the rear of the bus.

(10) Passenger advisory or theft system. A school bus may be equipped with a passenger advisory / theft system as long as the system does not interfere with operation or identification of other school bus standards set forth in this rule.

(11) Navigational device or laptop computer install. A school bus may be equipped with a navigational device that meets the following requirements:

(a) The device is mounted within the driver’s compartment.

(b) The device shall be mounted in a position where it does not obscure the driver’s sight lines to the road, mirrors, highway signs and signals and it may not impede space within the aisle.

(d) The display shall activate for navigational purposes only while the school bus is in motion. Distractive manipulation of the device is prohibited while the school bus is being driven. For the purposes of this section only, driven means operating a commercial motor vehicle, with the motor running, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays such as picking up or discharging students. Driven does not include operating a school bus, with or without the motor running, when the school bus is legally stopped or parked upon the highway.

(e) Software programs, if utilized, shall be specific to school bus operations such as, but not limited to, passenger accountability, routing, navigation, emergency notification, tracking, messaging and equipment monitoring.

(f) The device shall be used with due regard to passenger safety. At no time shall operation of this device cause a distraction while operating the school bus.

(12) Additional driver or passenger safety items. A school bus may be equipped with additional safety items such as a seat belt cutter with recessed razor blade, hand sanitizer, and automated external defibrillator or AED. These items shall be kept in the driver’s compartment. Additional items may be authorized upon written approval of the Division of State Patrol.

History: Cr. Register, February, 1995, No. 470, eff. 3-1-95; am. (1), (3) (c) and (d), Register, December, 1997, No. 504, eff. 1-1-98; CR 03-116: r. and recr. (6) Register April 2004 No. 580, eff. 5-1-04; CR 15-069: am. (7) (intro.), r. and recr. (7) (a), am. (7) (b), cr. (7) (c) to (g), (9) to (12) Register April 2016 No. 724, eff. 5-1-16.

Subchapter IV—General Requirements

Trans 300.85 Replacement equipment. Any item of equipment if covered by a standard in this chapter shall, upon replacement, be replaced with an item meeting the original standard. Any modification of a school bus shall be in conformity with state rules in effect at the time of the modification.

History: Cr. Register, February, 1983, No. 326, eff. 3-1-83.

Trans 300.86 Enforcement policy.

(1) The enforcement policy of the division of state patrol shall take into consideration the age, condition, and equipment of buses before granting approval for their continued use. The division may not permit the use of any bus for school transportation purposes which is deemed to be unsafe or unfit for such service.

(2) In construing and enforcing the provisions of this chapter, the act, omission or failure of any officer, agent, servant or other person acting for or employed by the registered owner or the lessee of the bus, whoever has control, done within the scope of employment is deemed to be the act, omission or failure of such registered owner or lessee. This subsection does not apply to violations of ch. 346, Stats., and s. Trans 300.16.

History: Cr. Register, February, 1983, No. 326, eff. 3-1-83; am. (2), Register, February, 1995, No. 470, eff. 3-1-95; correction in (2) made under s. 13.93 (2m) (b) 5., Stats., Register, August, 1996, No. 488; am. Register, December, 1997, No. 504, eff. 1-1-98.

Trans 300.87 Inspection procedures.

(1) Upon notification by the department of transportation, or the department of public instruction, or any public school official, the owner or operator shall present all school buses for inspection at the time and place designated or the department may, at its option, inspect the school buses at the owner’s place of business. All school buses shall be inspected annually.

(2) A school bus inspection report shall be completed for each school bus inspected. A copy of the report shall be provided to the school bus owner and the respective school district. Upon completion of an inspection, a school bus shall be approved or disapproved. A school bus is approved when it is found that all requirements of this chapter are met. A school bus is disapproved if defects are noted and the school bus inspection report indicates that the vehicle is “out-of-service.”

(3) It is unlawful for a person to operate or permit to be operated any school bus that:

(a) Is in violation of any requirement of this chapter.

(b) Requires repairs prior to any operation.

History: Cr. Register, February, 1983, No. 326, eff. 3-1-83; renum. to be (1) and am., cr. (2), (3), Register, February, 1995, No. 470, eff. 3-1-95.

Trans 300.88 Applicability.

(1) School buses manufactured prior to March 1, 1995 shall be subject to the rules applicable at the time the vehicle was first registered as a school bus in Wisconsin. School buses subject to previous standards are less stringent.

(2) All school buses manufactured on March 1, 1995 or later shall be subject to this chapter and to the referenced federal motor vehicle safety standards in effect on the date of manufacture. The department shall consider the date of manufacture as being the date on which the second stage manufacturer or the school bus body manufacturer completes the installation of the body on the chassis or the date a single manufacturer completes the unit. In the case of a rebody, the completed rebody school bus has been remanufactured on March 1, 1995 or later and shall meet the requirements of this chapter and the referenced federal motor vehicle safety standards in effect on the date of the rebody.

History: Cr. Register, February, 1983, No. 326, eff. 3-1-83; renum. from Trans 300.89 and am., Register, February, 1995, No. 470, eff. 3-1-95.

Trans 300.89 Penalties. Violations of any provisions of this chapter shall be prosecuted under the governing statute. Where no penalty is provided, the violation shall be prosecuted as set forth in s. 85.16 (2), Stats.

History: Cr. Register, February, 1983, No. 326, eff. 3-1-83; renum. from Trans 300.91 and am., Register, February, 1995, No. 470, eff. 3-1-95.