EMERGENCY RULESAn agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing and remaining in effect no more than 120 days. The emergency action is renewable once for no more than 60 additional days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. PART I. Texas Department of Public Safety CHAPTER 14.School Bus Transportation SUBCHAPTER D.School Bus Lighting and Warning Device Equipment 37 TAC sec.14.51, sec.14.52 The Texas Department of Public Safety adopts on an emergency basis new sec.14.51, and new sec.14.52 concerning lighting and warning device equipment specifications for school buses. The new sections define terms commonly used in the profession and set the minimum standards for lighting and warning device equipment required on a school bus. The sections define the minimum lighting and warning device equipment standards a school bus must meet to transport students. The adoption of these rules is necessary to implement Texas Civil Statutes, Article 6701d, sec.131(d), recodified as Texas Tansportation Code, sec.547.102. This statute authorizes the Texas Department of Public Safety to adopt standards and specifications that apply to lighting and warning device equipment required for a school bus in order to enable school administrators to establish and operate a safe and efficient school bus transportation system. Pursuant to Texas Government Code, sec.2001.034, the department finds that state law creates an immediate necessity for adoption of these rules on fewer than 30 days notice based on the fact that Attorney General Opinion No. DM-378 authorizes the use of 15 passenger vans as school buses on routes if they meet the safety standards and licensure requirements for school buses. Currently, no rules exist requiring specific and uniform lighting or warning device equipment to be on a school bus. It is imperative that the department adopt emergency rules to guide the public on issues regarding the lighting and warning device equipment required for a school bus in order to make the school bus a highly identifiable vehicle on the road. This allows other drivers to recognize the school bus and stop, as required by statute, for a school bus loading or unloading students and provides for the safety of students on a street immediately before and after riding a school bus. The new sections are adopted on an emergency basis pursuant to Texas Transportation Code, sec.547.102, which authorizes the Texas Department of Public Safety to adopt standards and specifications that apply to lighting and warning device equipment required for a school bus in order to enable school administrators to establish and operate a safe and efficient school bus transportation system. sec.14.51. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: Bus -A motor vehicle used to transport persons and designed to accommodate more than 10 passengers, including the driver. Commission -The General Services Commission of the State of Texas. Department -The Texas Department of Public Safety. Director -The director of the Texas Department of Public Safety. Passenger car -A motor vehicle, other than a motorcycle, used to transport persons and designed to accommodate 10 or fewer passengers, including the driver. School bus -A bus owned or leased by a school district or county transportation system, or a bus operated by a private contractor under contract with a school district or county transportation system to transport students, excluding a bus used in an urban area by a common carrier to transport students or a bus designed to accommodate more than 10 and less than 16 passengers (including the driver) which is used to transport students on school-related activities, that: (A) on the date of manufacture, complied with the current requirements provided in the specifications handbook for Texas school buses as developed, adopted, and published under authority of Texas Civil Statutes, Article 6701d, sec.105(a) recodified as Texas Transportation Code, sec.547.701; or (B) meets the statutory equipment requirements of a school bus in the Texas Transportation Code sec.547.607 and sec.547.701, including a fire extinguisher, convex mirror, and four alternately flashing red lights, and complies with the lighting and warning device equipment rules promulgated by the department as set forth in sec.14.52 of this title (relating to Lighting and Warning Device Equipment). sec.14.52. Lighting and Warning Device Equipment. This rule applies to all public schools and county transportation systems that own or lease school buses and those private contractors that lease school buses or contract with a public school or county transportation system to transport students in school buses. At a minimum, a school bus: (1) which is designed to accommodate 16 or more passengers, including the driver, shall maintain all lighting and warning device equipment requirements as set forth in the General Services Commission handbook, Specifications, which was current during the year of the school bus' manufacture; or (2) which is used to transport students to or from school, not including school related activities, and is designed to accommodate more than 10 passengers and less than 16 passengers, including the driver, must meet the following requirements, in addition to all applicable federal and state statutes and regulations in effect on the date of manufacture: (A) Lamps and Signals. Each bus shall be furnished with the lamps as listed in clauses (i) -(v) of this subparagraph. See School Bus Manufacturer's Institute (SBMI) Standard No. 001: (i) Alternately Flashing Signal Lamps. Each school bus shall be equipped with four red warning signal lamps, working in an automatic non-sequential integrated system. The signal lamps shall conform to the design, installation, location, and operating requirements as stated in Paragraph S4.1.4. of the Federal Motor Vehicle Safety Standards (FMVSS) No. 108. (I) Each school bus shall be equipped with a system of four red signal lamps designed to conform to the Society of Automotive Engineers (SAE) Standard J887, "School Bus Red Signal Lamps," July 1964. (II) Red lamps shall be installed in accordance with SAE Standard J887, except that: (-a-) The system shall be wired so that the red signal lamps automatically activate when the bus entrance door is opened. (-b-) The lamps shall be wired independently and not wired through the ignition switch. This will allow removal of the ignition key without affecting operation of the alternately flashing four warning signal lamps. (III) Band. Each red lamp shall have a minimum 3-inch black band around the lamp. The color of this band shall be black enamel (Color No. 17038, Black Enamel of Federal Standard 595a). If it is not possible to provide a 3-inch band around the lamps, the manufacturer will then provide a band as wide as possible. Any visor or hood used to shade the lights and improve visibility will not interfere with the intensity and photometric performance of the warning lights (see SBMI Standard No. 001). (IV) Mounting. If exterior panels are cut to provide an opening for installation of flush-mounted signal lamps, the lamps must have a closed cell sponge flange gasket with a minimum thickness of 3/16-inch. The gasket shall be the full width of the flange on the lamp. Proper installation of the lamps shall be made in order to prevent seepage of moisture into the opening. Mounting of lamps for vehicles designed to transport more than 10 and less than 16 passengers (including the driver) shall be accomplished with lights or strobes securely mounted to the roof of the vehicle as widely spaced laterally as practicable which are sealed from water infiltration and do not interfere with the operation of any access door. (V) Operating Instructions. Complete instructions for the detailed operation of the warning signal lamp system shall be furnished with each school bus. (ii) Backup Lamps. The color, requirements, and mounting of backup lamps shall be in accordance with FMVSS No. 108, except two backup lamps are required by Texas specifications. (iii) Interior, Stepwell and Service Door Lamps. A minimum of two interior dome lamps shall be installed to properly and adequately illuminate the entire aisle and emergency passageway. The stepwell or service door entrance shall be illuminated by a separate lamp activated by opening the service door. The stepwell or service door entrance lamp shall have a metal bezel. (iv) Operating Units and Flashers. The operating units and flashers for turn signals and vehicular hazard warning signals shall meet the requirements of FMVSS No. 108. (v) Turn Signal/Hazard Warning Lamps. The quantities, colors, requirements, and mountings of turn signal/hazard warning lamps shall be in accordance with FMVSS No. 108. (B) Warning Devices Including Colors and Lettering. Each bus shall be equipped with: (i) Triangular Warning Devices. Each school bus shall be equipped with three triangular warning devices meeting the requirements of FMVSS No. 125. The devices shall be packed three per metal or heavy duty plastic box, or they may be individually packed in metal or heavy duty plastic boxes with the three boxes contained within a carrier. Warning devices shall be securely mounted in the driver's compartment. Triangular warning devices furnished shall be approved by the Texas Department of Public Safety. (ii) Color. A first quality black enamel (Color No. 17038 of Federal Standard No. 595a) or decals shall be used for lettering and trim. The properties of the black enamel shall be equal to those of the finish coat enamel. Pressure- sensitive tape or decals are acceptable for trim or lettering (e.g., EMERGENCY DOOR, EMERGENCY EXIT, SCHOOL NAME LETTERING, etc. signs) provided they are made from Faison R 200, 3M Series 180, or approved equal material. Exit signs and lettering shall be in compliance with FMVSS No. 217. (iii) Body Exterior Color. The exterior of the complete bus except as provided herein, shall be finished in school bus yellow (Color No. 13432 of Federal Standard No. 595a). The bus shall have two horizontal contrast lines approximately four inches wide which simulate the rub rails of a standard bus. The color of the contrast lines shall be from a first quality black enamel (Color No. 17038 of Federal Standard No. 595a). The contrast lines shall be positioned just below the window line, and between eight and twelve inches above the lowest portion of the body panel. The hood may be coated with non-reflective school bus yellow paint. The school bus roof may be painted white. The white paint on the roof shall extend from the back of the front cap to the front of the rear cap and from a point on each side of the bus which is no lower than the top of the windows and no higher than the start of the roof curvature. The white paint shall be the same quality as the paint on the remainder of the school bus. (iv) School Bus Lettering. The school bus bodies shall have the words "SCHOOL BUS" in neat, clearly defined block letters on the front, rear, and on both sides of the bus body using decals or with black paint (Color No. 17038 of Federal Standard No. 595a). The letters shall be 6 inches high and shall have 3/4-inch wide strokes, respectively. The words "SCHOOL BUS" shall be at the same level on each side of the bus (i.e., same height above bottom of skirt). (v) Emergency Exit Lettering. The emergency exits shall be marked "EMERGENCY DOOR" or "EMERGENCY EXIT" both on the outside and/or on the inside in compliance with FMVSS 217. All applicable requirements of FMVSS 217 relating to instructions, outlining, and markings shall be met. (C) Accessories. Required on all buses: (i) Backup Alarm. An automatic, audible backup warning alarm meeting the requirements of Type C, 97 db (A), SAE J994b (except for 12 volt system) shall be installed behind the rear axle. (ii) Stop Arm. A school bus stop arm meeting SAE J1133 and the following requirements shall be provided: (I) Design. The sign shall be octagon-shaped, constructed of zinc-coated steel or aluminum. It shall have a minimum 1/2-inch wide white border and the word "STOP" in white letters at least 6 inches high against a red background on both sides. The letters, border and background shall be of reflective materials meeting Department of Transportation (DOT), Federal Highway Administration (FHWA) FP-85. Double-faced red, alternately flashing lamps, one each at the top and bottom (visible from each side of the structure) shall be connected to, and flash with the required school bus red flashing signal lamp circuit when the arm is extended. The arm mechanism may be activated by air pressure, electricity, or by vacuum. (II) Mounting. The stop arm shall be installed on the left side of the school bus near the front cowl section. (D) Accessories. Optional accessories on buses include: (i) Reflective Material. Buses equipped with reflective material shall meet the following requirements. The material shall be automotive engineering grade or better, shall meet the initial reflectance values in DOT FHWA FP-85 and shall retain at least 50% of those values for a minimum of six years. Reflective materials and markings shall be installed in the following locations: (I) Front and/or rear bumper shall be marked diagonally 45 degrees down to centerline of pavement with 2-inch wide stripe of non-contrasting reflective material. (II) Rear of bus body shall be marked with a strip of reflective National School Bus Yellow material no greater than 2 inches in width to be applied to the back of the bus, extending from the left lower corner of the "SCHOOL BUS" lettering, across to left side of the bus, then vertically down to the top of the bumper; across the bus on a line immediately above the bumper to the right side, then vertically up to a point even with the strip placement on the left side, and concluding with a horizontal strip terminating at the lower right corner of the "SCHOOL BUS" lettering. (III) "SCHOOL BUS" signs shall be marked with reflective National School Bus Yellow material comprising background for lettering of the front and/or rear "SCHOOL BUS" signs. (IV) Side of bus body shall be marked with reflective National School Bus Yellow Material at least 4 inches but not more than 8 inches in width, extending the length of the bus body and located (vertically) as close as practicable to the beltline. (ii) Strobe Light. Buses equipped with a white flashing strobe light shall meet the following requirements: (I) Design. The lamp shall have a single clear lens emitting light flashing 360 degrees around a vertical axis. The light source shall be a minimum of 50 candlepower and flash 80-120 times per minute. The base of the lamp shall be metal or approved equal and installed by a method which seals out dust and moisture. A manual switch is required for operation and a pilot light to indicate when the light is in operation shall be included. Wiring shall be installed inside the bus walls. (II) Mounting. The strobe light shall be permanently installed near the centerline on the school bus roof and not more than one-third of the body length forward of the rear edge of the bus roof. It shall not extend above the roof more than 6 1/2 inches. (iii) School Name Lettering. The school district name shall be provided in black letters on both sides of the bus near the beltline using decals or with black paint. Lettering shall be a minimum 4 inches high with a minimum 1/2 inch block strokes. Paint, if used, shall be equal in quality to that of the bus body paint; decals shall meet or exceed the requirements noted in subparagraph (B)(ii) of this section. The maximum number of characters in one line of the name is limited to 30. This agency hereby certifies that the adoptions has been reviewed by legal counsel and found to be within the agency's authority. Issued in Austin, Texas, on May 13, 1996. TRD-9607560 James R. Wilson Director Texas Department of Public Safety Effective date: May 30, 1996 Expiration date: September 28, 1996 For further information, please call: (512) 424-2890