Ohio Admin. Code 4501-5-04 - Evaluation of new equipment or changes to existing equipment on school buses
(A) Application
-
- This rule
shall apply to any manufacturer, dealer or owner of a school bus who wishes to
incorporate or install any equipment or product other than those specified in
rules
4501-5-01 to
4501-5-03
of the Administrative Code, including equipment or products the manufacturer,
dealer or owner believes are equivalent or superior to equipment or products
specified in those rules.
(B)
Permission -
- Prior to the installation of new or additional
equipment or products, or changes to any existing equipment on a school bus,
the school bus manufacturer, dealer or owner shall request permission, in
writing, from the director This request shall include, but is not limited to,
(1) A complete description of the item,
including:
(a) Photographs or
illustrations.
(b) Diagrams and/or
informational pamphlets.
(c)
Schematics, technical data, specifications, dimensions.
(d) Results of testing by an independent
testing facility or laboratory specific to the product being tested.
(2) If practical,
actual models or samples of the equipment or product should be
submitted.
(3) Complete cost
estimates for the new or additional product, or equipment, including initial,
cost and cost of installation, labor, maintenance, and continued use.
(4) An explanation of the expected
benefits.
(5) A statement of the
effect, whether positive or negative, the new or additional product, or
equipment, will have on other construction standards contained in rules
4501-5-01 to
4501-5-03
of the Administrative Code, as well as on any other rules governing pupil
transportation adopted by the department of public safety or the department of
education.
(C) Upon
receipt of a request for permission submitted pursuant to paragraph (B) of this
rule, the department may take any of the following actions:
(1) Immediately approve or deny the
request.
(2) Ask for additional
information.
(3) Order field
testing to be conducted in accordance with paragraph (D) of this
rule.
(4) Seek guidance from the
Ohio school bus construction standards advisory committee
group at
the committee's
group's next quarterly meeting. The committee
advisory
group shall make recommendations to the department regarding the action
to be taken in response to the request.
(D) The department may order field testing of
any new or additional equipment or products as part of the process of
evaluating a request for permission submitted pursuant to paragraph (B) of this
rule. The length and extent of the field test shall be determined by the
department based on the nature of the product being tested, but shall be
conducted on no fewer than three school buses. If a field test is being
conducted pursuant to a request submitted by a school bus manufacturer, the
manufacturer will be expected to maintain, adjust, and modify the equipment or
product at no cost to the school bus owner. At the conclusion of the field
test, an evaluation of the equipment or product shall be submitted on a form
provided by the department by at least three school bus drivers, one school bus
mechanic, and one school transportation director.
(E) The department shall either approve or
deny the request for permission submitted pursuant to paragraph (B) of this
rule after considering the materials submitted in support of the request, any
recommendations made by the Ohio school bus construction standards
committee
advisory
group , the results of any field tests conducted, and any other
information available to the department. The manufacturer or the school owner
will be notified in writing of the director's decision. If the request for
permission is denied, the school bus manufacturer, dealer or owner may appeal
the denial in writing to the director. The director's decision on such appeal
shall be final.
(F) Based upon any
information which may become available to the department regarding any
equipment or products that have been approved pursuant to this rule for use on
school buses, the director may remove such equipment or products from service.
The manufacturer, dealer or the school owner will be notified in writing of the
director's decision.
(1) Any item deleted from
service shall be removed from the bus, unless written permission to retain it
is given by the director.
(2) Any
item which, at any time is determined to present a potential hazard to
occupants of the school bus or other persons or property, shall be immediately
removed from the school bus and any ongoing field test terminated.
(G) The department shall maintain
a list of all equipment or products that have been approved pursuant to this
rule for use in school buses. This list shall be made available upon request in
writing to: the "Ohio State Highway Patrol Office of Licensing and Commercial
Standards, Ohio Department of Public Safety, 1970 West Broad Street, Columbus,
Ohio 43223."
Notes
Promulgated Under: 119.03
Statutory Authority: 4511.76
Rule Amplifies: 4511.76
Prior Effective Dates: 11/01/1971, 04/01/1978, 07/01/1988, 01/01/1990, 09/01/1998, 09/01/2003, 12/01/2008
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