40080-40090.5

EDUCATION CODE
SECTION 40080-40090.5




40080.  (a) This article governs the minimum training required for
drivers to obtain or renew a certificate described in Section 12517,
12519, or 12804.6 of the Vehicle Code.
   (b) As used in this article, "department" means the State
Department of Education.



40081.  (a) The department shall develop or approve courses for
training school pupil activity bus (SPAB), transit bus, schoolbus,
and farm labor vehicle drivers that will provide them with the skills
and knowledge necessary to prepare them for certification pursuant
to Sections 12517, 12519, and 12804.6 of the Vehicle Code. The
department shall seek the advice and assistance of the Department of
Motor Vehicles and the Department of the California Highway Patrol in
developing or approving those courses.
   (b) The department shall train or approve the necessary
instructional personnel to conduct the driver training courses. For
all schoolbus and school pupil activity bus (SPAB) driver instructor
training, the department shall provide for and approve the course
outline and lesson plans used in the course. For transit bus and farm
labor vehicle driver training, the department shall approve the
course outline and lesson plans used in the course.
   (c) All courses of study and training activities required by this
article shall be approved by the department and given by, or in the
presence of, an instructor in possession of a valid school pupil
activity bus (SPAB), transit bus, schoolbus, or farm labor vehicle
driver instructor certificate of the appropriate class.
   (d) As an alternative to subdivisions (a), (b), and (c),
instructors who have received a certificate from the Transportation
Safety Institute of the United States Department of Transportation
indicating that they have completed the Mass Transit Instructor
Orientation and Training (Train-the-Trainer) course may approve
courses of instruction and train transit bus drivers in order to meet
the requirements for certification pursuant to Section 12804.6 of
the Vehicle Code.
   (e) On or before January 1, 2010, the department, in consultation
with the Department of Motor Vehicles and the Department of the
California Highway Patrol, shall review and, if necessary, revise its
training courses and requirements for drivers of vehicles described
in subdivision (k) of Section 545 of the Vehicle Code. The review
shall address the course content and the minimum number of hours
required for classroom instruction and behind-the-wheel training in
order to ensure that drivers of those vehicles are trained in a
manner that is appropriate for the type of vehicle they will be
driving to transport pupils in a safe manner.




40082.  (a) An original applicant for a certificate to drive a
schoolbus, as defined by Section 545 of the Vehicle Code, shall have
successfully completed a minimum 40-hour course of instruction. The
course shall include at least 20 hours of classroom instruction in,
but not limited to, all units of the Instructor's Manual for
California's Bus Driver's Training Course. All classroom instruction
shall be given by, or in the presence of, a state-certified
instructor of the appropriate class. The course shall also include at
least 20 hours of applicant behind-the-wheel training in all
sections of the Instructor's Behind-the-Wheel Guide for California's
Bus Driver's Training Course. Applicant behind-the-wheel training
shall include driving vehicles comparable to those vehicles that will
be driven by the applicant to transport pupils. All behind-the-wheel
training shall be given by a state-certified instructor of the
appropriate class or the delegated behind-the-wheel trainer as
designated pursuant to Section 40084.5.
   (b) Except as provided in subdivision (c), a driver who is holding
a driver certificate or endorsement described in Section 40083, and
is seeking a schoolbus certificate of the appropriate class, shall
have successfully completed a minimum of five hours of classroom
instruction, including, but not limited to, schoolbus laws and
regulations, defensive driving, pupil loading and unloading, and the
exceptional child. All classroom instruction shall be given by, or in
the presence of, a state-certified instructor of the appropriate
class. The driver shall also complete at least three hours of
behind-the-wheel training in defensive driving practices, lane
control, railroad grade crossing procedures, and pupil loading and
unloading.
   (c) A driver may not be certified to drive a schoolbus in the
manner set forth in subdivision (b) if that driver was instructed by
a person who received his or her certificate in the manner described
in subdivision (d) of Section 40081.



40083.  An original applicant for a certificate to drive any bus
defined by Section 546 or 642 of the Vehicle Code shall have
successfully completed a minimum 35-hour course of instruction. The
course shall include at least 15 hours of classroom instruction,
including, but not limited to, all units of the Instructor's Manual
for California's Bus Driver's Training Course, or other classroom
curricula which the department has certified meets or exceeds the
standards in its curricula. All classroom instruction shall be given
by, or in the presence of, a state-certified instructor of the
appropriate class, except that an instructor who has received a
certificate as described in subdivision (d) of Section 40081, may
provide the training for an original applicant for a certificate to
drive a bus defined by Section 642 of the Vehicle Code. The course
shall also include at least 20 hours of applicant behind-the-wheel
training in all sections of the Instructor's Behind-the-Wheel Guide
for California's Bus Driver's Training Course, or at least 20 hours
of other behind-the-wheel training or driving experience that the
department has certified meets or exceeds the standards of its
training course. Applicant behind-the-wheel training shall include
driving vehicles comparable to those vehicles that will be used to
transport passengers. All behind-the-wheel training for a certificate
to drive a bus defined by Section 546 of the Vehicle Code shall be
given by a state-certified instructor of the appropriate class or the
delegated behind-the-wheel trainer as designated pursuant to Section
40084.5. All behind-the-wheel training for a certificate to drive a
bus defined by Section 642 of the Vehicle Code shall be given by a
state-certified instructor of the appropriate class or the delegated
behind-the-wheel trainer as designated pursuant to Section 40084.5,
or the delegated behind-the-wheel trainer as designated by the
instructor certified pursuant to subdivision (d) of Section 40081.




40084.  An original applicant for a certificate to drive a farm
labor vehicle shall have successfully completed a minimum 20-hour
course of instruction. The course shall include at least 10 hours of
classroom instruction, including, but not limited to, all units of
the Instructor's Manual for California's Bus Driver's Training
Course. All classroom instruction shall be given by, or in the
presence of, a state-certified instructor of the appropriate class.
The course shall also include at least 10 hours of applicant
behind-the-wheel training in all sections of the Instructor's
Behind-the-Wheel Guide for California's Bus Driver's Training Course.
Applicant behind-the-wheel training shall include driving vehicles
comparable to those that will be driven by the applicant to transport
farm passengers. All behind-the-wheel training shall be given by a
state-certified instructor of the appropriate class or the delegated
behind-the-wheel trainer as designated pursuant to Section 40084.5.



40084.5.  (a) All behind-the-wheel training required to obtain
certificates pursuant to Sections 12517 and 12519 of the Vehicle Code
shall be performed by a state-certified instructor or by a delegated
behind-the-wheel trainer who has been certified or approved by the
department to conduct the required training.
   (b) A "delegated behind-the-wheel trainer" means a person selected
to assist a state-certified instructor in the behind-the-wheel
training of drivers. Selected persons shall be trained by
state-certified instructors and approved by the department before
conducting any behind-the-wheel training. The minimum standards for
the selection of a delegated behind-the-wheel trainer are as follows:
   (1) One year experience as a driver of the appropriate type and
size vehicle immediately preceding the date of selection as a
delegated behind-the-wheel trainer.
   (2) Possession of the appropriate license, certificates, and
endorsements needed to drive and train in a particular type and size
vehicle.
   (3) A high school diploma or General Education Development (GED)
equivalent.
   (4) A driving record without chargeable accidents within the past
three years immediately preceding the date of selection.
   (5) Successful completion of all training in the latest edition of
the Instructor's Behind-the-Wheel Training Guide for California's
Bus Driver's Training Course given by, and in the presence of, a
state-certified instructor of the appropriate class.
   (6) Successful completion of a written assessment test on current
laws, regulations, and policies given by, and in the presence of, a
state-certified instructor of the appropriate class.
   (7) Successful completion of a driving test and a behind-the-wheel
training performance test on all phases of behind-the-wheel and
vehicle inspection training. The test shall be given by, and in the
presence of, a state-certified instructor of the appropriate class.
   (c) The state-certified instructor shall train and document the
qualifications and competence of each delegated behind-the-wheel
trainer to be utilized in training. All training required by this
section shall be documented on the State Department of Education
Training Certificate T-01, and signed by a state-certified school
pupil activity bus (SPAB), transit bus, schoolbus, or farm labor
vehicle driver instructor of the appropriate class, and by the
delegated behind-the-wheel trainer. The signatures shall certify that
the instruction was given to, and received by, the delegated
behind-the-wheel trainer and that the delegated behind-the-wheel
trainer displayed a level of competency necessary to train drivers to
drive authorized vehicles in a safe and competent manner. The
completed State Department of Education Training Certificate T-01
shall be submitted to the department in Sacramento, along with all
other required documents, when requesting approval of a delegated
behind-the-wheel trainer.
   (d) The department may disapprove the eligibility of a delegated
behind-the-wheel trainer for any of the following causes:
   (1) The state-certified instructor authorizing the competency of
the delegated behind-the-wheel trainer has requested disapproval.
   (2) The employer of the delegated behind-the-wheel trainer has
requested disapproval.
   (3) The delegated behind-the-wheel trainer has voluntarily
requested disapproval.
   (4) The delegated behind-the-wheel trainer failed to comply with
Section 40087.
   (5) The delegated behind-the-wheel trainer failed to comply with
Section 40084.5.
   (6) The delegated behind-the-wheel trainer does not possess a
valid driver's license, appropriate endorsements, or special driver's
certificate of the appropriate class.
   (7) The delegated behind-the-wheel trainer's driver's license or
special driver's certificate has been suspended or revoked.
   (e) A delegated behind-the-wheel trainer may be limited in
behind-the-wheel training as determined by the department.



40085.  Applicants seeking to renew a certificate to drive a
schoolbus as defined in Section 545 of the Vehicle Code or a school
pupil activity bus as defined in Section 546 of the Vehicle Code
shall have successfully completed at least 10 hours of original or
renewal classroom instruction, or behind-the-wheel or in-service
training during each 12 months of certificate validity. In-service
training credit may be given by a state-certified driver instructor
of the appropriate class to an applicant for attending or
participating in appropriate driver training workshops, driver safety
meetings, driver safety conferences, and other activities directly
related to passenger safety and driver training. During the last 12
months of the special driver certificate validity, the 10 hours
required shall consist of classroom instruction covering, but not
limited to, current laws and regulations, defensive driving, accident
prevention, emergency procedures, and passenger loading and
unloading. Failure to successfully complete the required training
during any 12-month period of certificate validity is cause for the
Department of Motor Vehicles to cancel the busdriver certificate. All
training required by Section 40089 may be accepted in lieu of the
requirements of this section.



40085.5.  Applicants seeking to renew a certificate to drive a
transit bus as defined in Section 642 of the Vehicle Code shall have
successfully completed at least eight hours of original or renewal
classroom instruction, or behind-the-wheel or in-service training
during each 12 months of certificate validity. In-service training
credit may be given by a state-certified driver instructor of the
appropriate class, or an instructor certified pursuant to subdivision
(d) of Section 40081, to an applicant for attending or participating
in appropriate driver training workshops, driver safety meetings,
driver safety conferences, and other activities directly related to
passenger safety and driver training. During the last 12 months of
the validity of the certificate, the eight hours required shall
consist of classroom instruction covering, but not limited to,
current laws and regulations, defensive driving, accident prevention,
emergency procedures, and passenger loading and unloading. Failure
to successfully complete the required training during any 12-month
period of certificate validity is cause for the Department of Motor
Vehicles to cancel the busdriver certificate. All training required
by Section 40089 may be accepted in lieu of the requirements of this
section.



40086.  Applicants seeking to renew a certificate to drive a farm
labor vehicle shall have successfully completed two hours of
classroom instruction for each 12 months of certificate validity
covering, but not limited to, current laws and regulations, accident
prevention, and defensive driving. Failure to successfully complete
the required training during any 12-month period of certificate
validity is cause for the Department of Motor Vehicles to cancel the
farm labor vehicle driver license or certificate. All training
required in Section 40089 may be accepted in lieu of the requirements
of this section.


40087.  (a) Except as provided in subdivision (b), driver training
required by this chapter shall be properly documented on the State
Department of Education Training Certificate T-01, and signed by a
state-certified school pupil activity bus (SPAB), transit bus,
schoolbus, or farm labor vehicle driver instructor of the appropriate
class, and by the driver or applicant. The signatures certify that
the instruction was given to, and received by, the applicant or
driver, and that the applicant or driver displayed a level of
competency necessary to drive the vehicle in a safe and competent
manner. The applicant or driver shall present the completed State
Department of Education Training Certificate T-01 to the examining
state agency when applying for an endorsement or certificate, or, for
renewal of an endorsement or certificate.
   (b) Driver training provided by an instructor certified pursuant
to subdivision (d) of Section 40081 shall be documented on a form
developed by the Department of Motor Vehicles, with the consultation
of the department. The form shall be signed by the instructor and by
the applicant or driver. The signatures certify that the instruction
was given to, and received by, the applicant or driver, and that the
applicant or driver displayed a level of competency necessary to
drive the vehicle in a safe and competent manner. The applicant or
driver shall present the completed form to the Department of Motor
Vehicles when applying for a certificate or for renewal of a
certificate.



40088.  (a) An applicant for a school pupil activity bus (SPAB),
transit bus, schoolbus, or farm labor vehicle driver instructor
certificate shall successfully complete the appropriate instructor
course given or approved by the department.
   (b) An applicant for the course shall possess:
   (1) A valid driver's license and endorsement valid for driving the
vehicles for which the driver instructor rating is sought.
   (2) A certificate or endorsement valid for driving the vehicles
for which the driver instructor rating is sought.
   (3) Five years of experience as a driver in the appropriate
vehicle category, or two years experience of that driving experience
and three years equivalent experience driving vehicles that require a
class A or B driver's license.
   (4) A high school diploma or General Education Development (GED)
equivalent.
   (5) A driving record without chargeable accidents within the past
three years preceding the date of application for the instructor
certificate.
   The department may waive any or all of the requirements of this
subdivision as it determines is necessary to ensure that there are an
adequate number of state-certified instructors in the state.
   (c) (1) A state-certified schoolbus driver instructor of the
appropriate class may instruct all applicants for a schoolbus, school
pupil activity bus (SPAB), transit bus, or farm labor vehicle driver'
s certificate.
   (2) A state-certified school pupil activity bus (SPAB) driver
instructor of the appropriate class may instruct all applicants for a
school pupil activity bus (SPAB), transit bus, or farm labor vehicle
driver's certificate, but not a schoolbus certificate.
   (3) A state-certified transit bus instructor of the appropriate
class may instruct all applicants for a transit bus or farm labor
driver's certificate, but not a school pupil activity bus (SPAB) or a
schoolbus certificate.
   (4) A state-certified farm labor vehicle driver instructor may
instruct applicants only for a certificate to drive a farm labor
vehicle.
   (d) A school pupil activity bus (SPAB), transit bus, schoolbus, or
farm labor vehicle driver instructor certificate shall be valid
until suspended, revoked, or canceled if it is accompanied by a valid
driver's license and a special driver's certificate or valid driver'
s license and endorsement of the appropriate class or is limited to
classroom or in-service training only.
   (e) The department may suspend or revoke a school pupil activity
bus (SPAB), transit bus, schoolbus, or farm labor vehicle driver
instructor certificate for any of the following causes:
   (1) The certificate holder failed to comply with Section 40087.
   (2) The certificate holder failed to comply with Section 40084.5.
   (3) The certificate holder has committed an act listed in Section
13369 of the Vehicle Code or Section 13370 of that code.
   (f) The department shall revoke a schoolbus, school pupil activity
bus (SPAB), transit bus, or farm labor vehicle driver instructor
certificate if the certificate holder falsified a State Department of
Education Training Certificate T-01, T-02, or T-03.
   (g) The department may cancel the driver instructor certificate
for any of the following causes:
   (1) The certificate holder has voluntarily requested cancellation.
   (2) The certificate holder has his or her driving privilege
suspended or revoked.
   (3) The certificate holder has failed to meet the provisions
required for retention of the driver instructor certificate. This
includes failure to meet the instructor training requirements
prescribed by Section 40084.5.
   (4) The certificate holder does not possess a valid driver's
license, endorsement, or special driver's certificate of the
appropriate class.
   (h) The department shall by regulation adopt an instructor
certificate appeals procedure for subdivisions (e), (f), and (g).
   (i) The Department of Motor Vehicles or the Department of the
California Highway Patrol may disallow the driver training
documentation provided pursuant to Section 40087 signed by any driver
instructor certified pursuant to Section 40081 if either of those
departments finds that the instructor's certificate would have been
suspended, revoked, or canceled for any of the reasons designated in
subdivision (e), (f), or (g).


40089.  (a) A school pupil activity bus (SPAB), transit bus,
schoolbus, or farm labor vehicle driver instructor with no
instructional limitations shall conduct at least 20 hours of
instruction each 12 months that includes at least 10 hours of
behind-the-wheel and 10 hours of classroom training, which need not
be given in a single session. A school pupil activity bus (SPAB),
transit bus, schoolbus, or farm labor vehicle driver instructor
limited to either classroom or behind-the-wheel training only shall
conduct at least 10 hours of instruction each 12 months that includes
at least 10 hours of behind-the-wheel or classroom training
depending on the limitation. The training need not be given in a
single session. A school pupil activity bus (SPAB), transit bus,
schoolbus, or farm labor vehicle driver instructor limited to
in-service training only shall conduct at least 10 hours of
in-service training each 12 months. All school pupil activity bus
(SPAB), transit bus, schoolbus, and farm labor vehicle driver
instructor training conducted by department staff may be accepted in
lieu of the requirements of this subdivision.
   (b) A school pupil activity bus (SPAB), transit bus, schoolbus, or
farm labor vehicle driver instructor may be limited to classroom
instruction, behind-the-wheel training or in-service training only,
and prohibited from recording, documenting, or signing for any
training required by this article, as determined by the department.
   (c) A school pupil activity bus (SPAB), transit bus, schoolbus, or
farm labor vehicle driver instructor shall be limited to
behind-the-wheel instruction in vehicles that the instructor is
qualified to drive.
   (d) All school pupil activity bus (SPAB), transit bus, schoolbus,
or farm labor vehicle driver instructor training required by
subdivision (a) shall be properly documented on a State Department of
Education Training Certificate T-01, and signed by the
state-certified instructor at the end of each 12-month training
period. The signature certifies that the required instruction was
conducted during the 12-month training period. Upon renewal of the
instructor driver's license, endorsement, or certificate, the
completed instructor training record, recorded on the State
Department of Education Training Certificate T-01, shall be submitted
to the department in Sacramento.



40090.  The department may assess fees to any instructor applicant
who will be training drivers of any vehicle as defined in Section 642
of the Vehicle Code. The fee may not be more than necessary to
offset the department's reasonable costs.




40090.5.  Employers shall take all action necessary to make
available to every transit busdriver required to be trained pursuant
to Section 40083 or 40085.5 the opportunity to be trained without the
loss of wages or benefits.