(A)(1) All publicly owned or leased school buses, including buses owned or leased by a public school district, must be inspected annually in compliance with either the State Department of Education's annual school bus inspection program or the federal Department of Transportation annual inspection program if the standards of the federal inspection program meet or exceed the standards of the state's program. The State Department of Education shall assist school districts using the Department of Education's program by providing the training and certification of a limited number of personnel designated by a school district to perform the inspection, providing the inspection manuals and forms, and supplying the inspection certificate stickers for the school buses. The State Department of Education's assistance must be free of charge. Any savings resulting from the ability to be inspected by either the State Department of Education or the federal Department of Transportation shall be expended on accountability programs set forth in Chapter 18 of this title.

(2) All privately owned vehicles designed and used to transport ten or more preprimary, primary, or secondary students to or from school, school-related activities, or childcare must be inspected annually. Inspections for these privately owned vehicles must comply with applicable federal inspection requirements. A copy of the vehicle inspection report must be kept on these vehicles at all times.

(3) The owner or lessee of a school bus shall be solely responsible for the implementation and accountability of school bus inspections.

(B) All school buses are subject to inspection at any time or place by officers of the State Transport Police or inspection forces. A school bus may not continue in operation in the transportation of students when the annual inspection is more than twelve months old or the school bus is found to be unsafe after any inspection until the unsafe conditions disclosed by the inspection have been corrected.

HISTORY: 1962 Code Section 21-819; 1952 Code Section 21-819; 1942 Code Section 1626-3; 1937 (40) 367; 2007 Act No. 79, Section 5, eff June 7, 2007; 2008 Act No. 282, Section 3, eff June 5, 2008.

Effect of Amendment

The 2007 amendment added subsection (A) and designated the existing text as subsection (B), substituting in the first sentence "Transport Police" for "Highway Patrol", in the second sentence substituting "students" for "pupils" and adding " the annual inspection is more than twelve months old or the school bus is" and "after any inspection", and making nonsubstantive changes throughout.

The 2008 amendment, in paragraph (A)(1), added the provisions relating to inspection of buses by the Federal Department of Transportation and the fourth sentence relating to use of any savings.