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2017 Nebraska Revised Statutes
Chapter 79 - SCHOOLS
79-608 Students; transportation; buses; operator; requirements; violation; penalty.

Universal Citation: NE Code § 79-608 (2017)
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79-608. Students; transportation; buses; operator; requirements; violation; penalty.

(1) Any person, before operating a school bus, including any school bus which transports students by direct contract with the students or their parents and not owned by or under contract with the school district or nonpublic school, shall submit himself or herself to (a) an examination, to be conducted by a driver's license examiner of the Department of Motor Vehicles, to determine his or her qualifications to operate such bus and (b) an examination by a licensed physician to determine whether or not he or she meets the physical and mental standards established pursuant to section 79-607 and shall furnish to the school board or board of education or the governing authority of a nonpublic school and to the Director of Motor Vehicles a written report of each such examination on standard forms prescribed by the State Department of Education, signed by the person conducting the same, showing that he or she is qualified to operate a school bus and that he or she meets the physical and mental standards. If the Director of Motor Vehicles determines that the person is so qualified and meets such standards, the director shall issue to the person a special school bus operator's permit, which shall expire each year on the date of birth of the holder, in such form as the director prescribes. No contract shall be entered into until such permit has been received and exhibited to the school board or the governing authority of a nonpublic school. The holder of such permit shall have it on his or her person at all times while operating a school bus.

(2) It shall be unlawful for any person operating a school bus to be or remain on duty for a longer period than sixteen consecutive hours. When any person operating a bus has been continuously on duty for sixteen hours, he or she shall be relieved and not be permitted or required to again go on duty without having at least ten consecutive hours' rest off duty, and no such operator, who has been on duty sixteen hours in the aggregate in any twenty-four-hour period, shall be required or permitted to continue or again go on duty without having had at least eight consecutive hours off duty.

(3) Any person violating this section shall be guilty of a Class V misdemeanor. His or her contract with the school district shall be canceled as provided in section 79-607.

Source

  • Laws 1963, c. 460, § 1, p. 1488;
  • Laws 1965, c. 523, § 3, p. 1653;
  • Laws 1971, LB 292, § 13;
  • Laws 1973, LB 358, § 2;
  • Laws 1977, LB 39, § 251;
  • Laws 1989, LB 285, § 142;
  • Laws 1990, LB 980, § 35;
  • R.S.1943, (1994), § 79-488.06;
  • Laws 1996, LB 900, § 369;
  • Laws 2009, LB549, § 24.

Annotations

  • A school bus driver's contract is valid and enforceable if he complies with the statutory requirements before operating a bus, notwithstanding a failure to fully comply before the contract was entered into. Rase v. Southeast Nebraska Consol. School Dist., 190 Neb. 800, 212 N.W.2d 629 (1973).

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