Title 702 | Chapter 005 | Regulation 130REG
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EDUCATION AND LABOR CABINET
Department of Education
(Amended at ARRS Committee)
702 KAR 5:130.Non-school bus passenger vehiclesVehicles designed to carry nine (9) passengers or less, standards for.
Section 1.
Definitions.(1)
"Non-school bus passenger vehicle" or "vehicle(2)
"Motor vehicle" is defined by KRS 281A.010(24).(3)
"Serious traffic violation" means a conviction when operating a motor vehicle of:(a)
Excessive speeding, involving a single charge of any speed fifteen (15) miles per hour or more, above the specified speed limit;(b)
Reckless driving including conviction of driving a motor vehicle in willful or wanton disregard for the safety of persons or property;(c)
Improper or erratic traffic lane changes; or(d)
Following the motor vehicle ahead too closely.Section 2.
(1)
(2)
(a)
(b)
(a)
(b)
(c)
(d)
(2)
Section 2.Section 3.
Vehicle Requirements.(1)
A vehicle shall not be used to carry more students(2)Section 4.
A vehicle shall have occupant restraint systems equal in number to the manufacturer's designed passenger capacity and installed in accordance with the (3)
A vehicle shall display a sign in clear view in the rear of the vehicle stating:(a)
"This vehicle is being used to transport school children"; and(b)
"This vehicle stops at railroad crossings".(4)
A district shall remove all district identification lettering from a non-school bus passenger vehicle before transferring title to another party other than a Kentucky school district. A contract issued by the local board for a non-school bus passenger vehicle shall contain a clause requiring the contractor to remove all district identification lettering when the vehicle is no longer under contract to the local board of education.(5)
The vehicle shall be equipped with:(a)
A fire extinguisher with a rating of A, B, and C;(b)
A first aid kit;(c)
A seatbelt cutter; and(d)
A body fluid clean up kit.Section 3.Section 4.
Route Safety Standards and Pick-up and Drop-off Protocols.(1)
Subsections (2) and (3) of this section shall apply to drivers transporting students to and from school along a regular bus route using a non-school bus passenger vehicle.(2)
The driver shall stop in a location that does not obstruct traffic while picking up or dropping off any student.(3)(2)
Pursuant to KRS 156.153(3)(d)2, the driver shall not deposit a student at a location that would require the student to cross a road or intersection to reach the student's destination.(4)(3)
The driver shall not use a personal communication device while operating a vehicle with students on board except during an emergency.Section 4.Section 5.
Driver Qualifications.
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(1)
Pursuant to KRS 156.153 and KRS 189.540, a driver shall have a current valid Class D operator's license.(2)
An individual shall be disqualified from transporting any student in a non-passenger vehicle for a period of sixty (60) days if convicted of two (2) serious traffic violations or one hundred twenty (120) days consecutively if convicted of three (3) serious traffic violations committed in a motor vehicle arising from separate incidents occurring within a three (3) year period.(3)
An individual shall be disqualified from transporting any student in a non-passenger vehicle for a period of one (1) year for refusing to submit to drug testing required by KRS 160.380 and this administrative regulation.(4)
An individual shall be disqualified from transporting any student in a non-passenger vehicle for five (5) years if convicted of:(a)
Driving or being in physical control of a motor vehicle under the influence of alcohol or a controlled substance; or(b)
A violation of any state or local law related to motor vehicle traffic control, other than a parking violation, arising in connection with a fatal accident.(a)
(b)
(c)
(d)
(5)(2)
An individual (6)
An individual shall not drive a non-school bus passenger vehicle while having any measurable or detectable amount of alcohol or other controlled substances in their system.(7)(3)
A driver taking medication either by prescription or without prescription shall not drive if that medication affects the driver's ability to safely drive the vehicle or perform other driver responsibilities.(8)(4)
A local board of education shall require a medical examination Section 5.Section 6.
Driver Drug Testing Requirements.(1)
Pursuant to KRS 156.153(3)(d)3 and KRS 160.380(2)
A driver shall be subject to the following:(a)
Controlled substance testing prior to initially transporting students;(b)
Post-accident testing for controlled substances and alcohol;(c)
Random testing for controlled substances and alcohol; and(d)
Reasonable suspicion testing for controlled substances and alcohol.(3)
A driver having a confirmed positive test for a controlled substance shall not be permitted to transport any student in a non-school bus passenger vehicle for five (5) years from the date of the positive test. A driver subject to this subsection shall undergo controlled substance testing prior to operating a non-school bus passenger vehicle again and shall undergo a minimum of six (6) unannounced follow-up tests in the first twelve (12) months.(4)
A driver who tests at 0.02 percent or higher on the confirmation alcohol test immediately before, during, or immediately following operating a non-school bus passenger vehicle shall be relieved of these duties immediately and shall not be eligible to operate a non-school bus passenger vehicle for five (5) years. A driver subject to this subsection shall undergo controlled substance and alcohol use testing prior to operating a non-school bus passenger vehicle again and shall undergo a minimum of six (6) unannounced follow-up tests in the first twelve (12) months.(5)
A district may adopt a policy establishing the frequency of random drug testing for all drivers of non-school bus passenger vehicles. The drug testing requirements a district sets for drivers transporting students along regular bus routes shall meet or exceed the drug testing requirements a district sets for drivers transporting students to and from approved school activities.Section 6.Section 7.
Driver Training.(1)
A driver shall successfully complete an initial three (3) hour training curriculum developed by the Kentucky Department of Education and delivered by a school bus driver trainer certified in accordance with 702 KAR 5:080, Section 4(2).(2)
A school district shall provide to each driver a copy of(3)
A driver shall successfully complete basic first aid and cardiopulmonary resuscitation training in accordance with 702 KAR 5:080, Section 5.(4)
A district shall not permit an individual to transport students until the individual has successfully completed the training in this section.Section 7.Section 8.
Driver Insurance.(1)
A local board of education shall obtain indemnity or liability insurance against negligence with a coverage limit of at least 1,500,000 dollars per occurrence for all non-school bus passenger vehicles owned or leased by the district.(2)
For vehicles contracted by the district, the local board shall require the contractor to carry indemnity or liability insurance against negligence with a coverage limit of at least 1,500,000 dollars per occurrence.Section 8.Section 9.
Driver Vehicle Inspections.(1)
The driver shall conduct and document a pre-trip inspection using the Non-school Bus Passenger Vehicle Pre-trip Inspection form prior to each time the vehicle is used to transport any student. If the driver determines that the vehicle is not safe to drive, the vehicle shall not be used to transport students until it is inspected and approved by a Kentucky Department of Education approved school bus or vehicle inspector, or a certified Automotive Service Excellence master technician.(2)
The safety inspection required by KRS 156.153(3)(b) shall be performed by a Kentucky Department of Education approved school bus or vehicle inspector, or a certified Automotive Service Excellence master technician. The Preventative Maintenance Inspection Report For Non-school Bus Passenger Vehicle form shall be used to perform the safety inspection. If the vehicle is found to be in an unsafe operating condition, it shall not be used to transport students until necessary repairs are made.(2)
Section 9.Section 10.
Driver Emergency Transportation.(1)
If a school district transports a student due to an emergency as determined by the superintendent or his or her designee, Section 2(5)(2)
The school district shall attempt to obtain verbal consent of a parent or guardian prior to emergency transportation.Section 10.
The transportation of a student pursuant to an agreement between a school district and a parent to reimburse the parent for arranging transportation of his or her own child to and from school or approved school activities shall not be subject to any requirement imposed pursuant to this administrative regulation.Section 11.
Incorporation by Reference.(1)
The following material is incorporated by reference:(a)
"Non-school Bus Passenger Vehicle Pre-trip Inspection", April 2025; and(b)
"Preventative Maintenance Inspection Report For Non-school Bus Passenger Vehicle", April 2025.(2)
This material may be inspected copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Education, 300 Sower Blvd., Frankfort, Kentucky 40601, Monday through Friday, 8:00 a.m. to 4:30 p.m. This material may also be viewed at: https://www.education.ky.gov/districts/legal/Pages/Kentucky-Revised-Statutes.aspx.FILED WITH LRC: June 9, 2026
CONTACT PERSON: Todd G. Allen, General Counsel, Kentucky Department of Education, 300 Sower Boulevard, 5th Floor, Frankfort, Kentucky 40601, phone 502-564-4474, fax 502-564-9321, email regcomments@education.ky.gov
EDUCATION AND LABOR CABINET
Department of Education
(Amended at ARRS Committee)
702 KAR 5:130.Non-school bus passenger vehicles.
Section 1.
Definitions.(1)
"Non-school bus passenger vehicle" or "vehicle" means a vehicle owned, leased, or contracted by a school districtthat is designed and built by the manufacturer for passenger transportation of ten (10) or fewer passengers, including the driver, and used for transporting students to and from school along regular bus routes and approved school activities.(2)
"Motor vehicle" is defined by KRS 281A.010(24).(3)
"Serious traffic violation" means a conviction when operating a motor vehicle of:(a)
Excessive speeding, involving a single charge of any speed fifteen (15) miles per hour or more, above the specified speed limit;(b)
Reckless driving including conviction of driving a motor vehicle in willful or wanton disregard for the safety of persons or property;(c)
Improper or erratic traffic lane changes; or(d)
Following the motor vehicle ahead too closely.Section 2.
Vehicle Requirements.(1)
A vehicle shall not be used to carry more students than the manufacturer's designed passenger capacity for that particular vehicle.(2)
A vehicle shall have occupant restraint systems equal in number to the manufacturer's designed passenger capacity and installed in accordance with the manufacturer's specifications.(3)
A vehicle shall display a sign in clear view in the rear of the vehicle stating:(a)
"This vehicle is being used to transport school children"; and(b)
"This vehicle stops at railroad crossings".(4)
A district shall remove all district identification lettering from a non-school bus passenger vehicle before transferring title to another party other than a Kentucky school district. A contract issued by the local board for a non-school bus passenger vehicle shall contain a clause requiring the contractor to remove all district identification lettering when the vehicle is no longer under contract to the local board of education.(5)
The vehicle shall be equipped with:(a)
A fire extinguisher with a rating of A, B, and C;(b)
A first aid kit;(c)
A seatbelt cutter; and(d)
A body fluid clean up kit.Section 3.
Route Safety Standards and Pick-up and Drop-off Protocols.(1)
Subsections (2) and (3) of this section shall apply to drivers transporting students to and from school along a regular bus route using a non-school bus passenger vehicle.(2)
The driver shall stop in a location that does not obstruct traffic while picking up or dropping off any student.(3)
Pursuant to KRS 156.153(3)(d)2, the driver shall not deposit a student at a location that would require the student to cross a road or intersection to reach the student's destination.(4)
The driver shall not use a personal communication device while operating a vehicle with students on board except during an emergency.Section 4.
Driver Qualifications.(1)
Pursuant to KRS 156.153 and KRS 189.540, a driver shall have a current valid Class D operator's license.(2)
An individual shall be disqualified from transporting any student in a non-passenger vehicle for a period of sixty (60) days if convicted of two (2) serious traffic violations or one hundred twenty (120) days consecutively if convicted of three (3) serious traffic violations committed in a motor vehicle arising from separate incidents occurring within a three (3) year period.(3)
An individual shall be disqualified from transporting any student in a non-passenger vehicle for a period of one (1) year for refusing to submit to drug testing required by KRS 160.380 and this administrative regulation.(4)
An individual shall be disqualified from transporting any student in a non-passenger vehicle for five (5) years if convicted of:(a)
Driving or being in physical control of a motor vehicle under the influence of alcohol or a controlled substance; or(b)
A violation of any state or local law related to motor vehicle traffic control, other than a parking violation, arising in connection with a fatal accident.(5)
An individual shall not operate a non-school bus passenger vehicle if convicted within the past five (5) years of driving under the influence (DUI) or driving while intoxicated (DWI).(6)
An individual shall not drive a non-school bus passenger vehicle while having any measurable or detectable amount of alcohol or other controlled substances in their system.(7)
A driver taking medication either by prescription or without prescription shall not drive if that medication affects the driver's ability to safely drive the vehicle or perform other driver responsibilities.(8)
A local board of education shall require a medical examination at least once every twenty-four (24) months of each driver transporting students to and from school along a regular bus route. The medical examination shall be reported on the form Medical Examination of School Employees, KDESHS001, incorporated by reference in 702 KAR 1:160, Section 6(1)(a), or an electronic medical record that includes all of the data equivalent to that on the Medical Examination of School Employees form.Section 5.
Driver Drug Testing Requirements.(1)
Pursuant to KRS 156.153(3)(d)3 and KRS 160.380, all drivers transporting any student in a non-school bus passenger vehicle shall submit to drug testing consistent, to the greatest extent practicable, with the requirements of 49 C.F.R. pt. 40.(2)
A driver shall be subject to the following:(a)
Controlled substance testing prior to initially transporting students;(b)
Post-accident testing for controlled substances and alcohol;(c)
Random testing for controlled substances and alcohol; and(d)
Reasonable suspicion testing for controlled substances and alcohol.(3)
A driver having a confirmed positive test for a controlled substance shall not be permitted to transport any student in a non-school bus passenger vehicle for five (5) years from the date of the positive test. A driver subject to this subsection shall undergo controlled substance testing prior to operating a non-school bus passenger vehicle again and shall undergo a minimum of six (6) unannounced follow-up tests in the first twelve (12) months.(4)
A driver who tests at 0.02 percent or higher on the confirmation alcohol test immediately before, during, or immediately following operating a non-school bus passenger vehicle shall be relieved of these duties immediately and shall not be eligible to operate a non-school bus passenger vehicle for five (5) years. A driver subject to this subsection shall undergo controlled substance and alcohol use testing prior to operating a non-school bus passenger vehicle again and shall undergo a minimum of six (6) unannounced follow-up tests in the first twelve (12) months.(5)
A district may adopt a policy establishing the frequency of random drug testing for all drivers of non-school bus passenger vehicles. The drug testing requirements a district sets for drivers transporting students along regular bus routes shall meet or exceed the drug testing requirements a district sets for drivers transporting students to and from approved school activities.Section 6.
Driver Training.(1)
A driver shall successfully complete an initial three (3) hour training curriculum developed by the Kentucky Department of Education and delivered by a school bus driver trainer certified in accordance with 702 KAR 5:080, Section 4(2).(2)
A school district shall provide to each driver a copy of the local board's transportation services policy and code of acceptable behavior and discipline annually and upon revision.(3)
A driver shall successfully complete basic first aid and cardiopulmonary resuscitation training in accordance with 702 KAR 5:080, Section 5.(4)
A district shall not permit an individual to transport students until the individual has successfully completed the training in this section.Section 7.
Driver Insurance.(1)
A local board of education shall obtain indemnity or liability insurance against negligence with a coverage limit of at least 1,500,000 dollars per occurrence for all non-school bus passenger vehicles owned or leased by the district.(2)
For vehicles contracted by the district, the local board shall require the contractor to carry indemnity or liability insurance against negligence with a coverage limit of at least 1,500,000 dollars per occurrence.Section 8.
Driver Vehicle Inspections.(1)
The driver shall conduct and document a pre-trip inspection using the Non-school Bus Passenger Vehicle Pre-trip Inspection form prior to each time the vehicle is used to transport any student. If the driver determines that the vehicle is not safe to drive, the vehicle shall not be used to transport students until it is inspected and approved by a Kentucky Department of Education approved school bus or vehicle inspector, or a certified Automotive Service Excellence master technician.(2)
The safety inspection required by KRS 156.153(3)(b) shall be performed by a Kentucky Department of Education approved school bus or vehicle inspector, or a certified Automotive Service Excellence master technician. The Preventative Maintenance Inspection Report For Non-school Bus Passenger Vehicle form shall be used to perform the safety inspection. If the vehicle is found to be in an unsafe operating condition, it shall not be used to transport students until necessary repairs are made.Section 9.
Driver Emergency Transportation.(1)
If a school district transports a student due to an emergency as determined by the superintendent or his or her designee, Section 2(5) and Section 8(1) of this administrative regulation shall not apply.(2)
The school district shall attempt to obtain verbal consent of a parent or guardian prior to emergency transportation.Section 10.
The transportation of a student pursuant to an agreement between a school district and a parent to reimburse the parent for arranging transportation of his or her own child to and from school or approved school activities shall not be subject to any requirement imposed pursuant to this administrative regulation.Section 11.
Incorporation by Reference.(1)
The following material is incorporated by reference:(a)
"Non-school Bus Passenger Vehicle Pre-trip Inspection", April 2025; and(b)
"Preventative Maintenance Inspection Report For Non-school Bus Passenger Vehicle", April 2025.(2)
This material may be inspected copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Education, 300 Sower Blvd., Frankfort, Kentucky 40601, Monday through Friday, 8:00 a.m. to 4:30 p.m. This material may also be viewed at: https://www.education.ky.gov/districts/legal/Pages/Kentucky-Revised-Statutes.aspx.FILED WITH LRC: June 9, 2026
CONTACT PERSON: Todd G. Allen, General Counsel, Kentucky Department of Education, 300 Sower Boulevard, 5th Floor, Frankfort, Kentucky 40601, phone 502-564-4474, fax 502-564-9321, email regcomments@education.ky.gov