To: Administrators and Managers of School Bus Operations
From: Division of School Traffic Safety and Emergency Planning
Re: P.L. No. 129-2002 (House Enrolled Act No. 1133)
Date: April 25, 2002

The 2002 General Assembly created Public Law No. 129-2002 amending the definition of a special purpose bus and directs the State School Bus Committee to adopt rule for displaying the U.S. flag on school buses. A complete copy of the public law can be viewed on-line at <www.ai.org/serv/lsa_billinfo>.

Special Purpose Bus Definition

The definition of a special purpose bus is amended to include: any vehicle which complies with U.S. Department of Transportation’s Federal Motor Carrier Safety Regulations (FMCSR’s) or a motor coach type bus with a capacity of 30 or greater and gross vehicle rate rating of more than 26,000 pounds. In both cases the vehicle must be owned by a school corporation.

The legislative intent for amending the definition was to allow school corporations to own a motor coach type bus to transport school children on athletics, extracurricular, and field trips. The reference to the FMCSR’s not only include a motor coach type bus but also encompass a wide range of other passenger type vehicles, too. For instance, the FMCSR’s define a commercial motor vehicle, in part, as a vehicle designed or used to transport more than 8 passengers (including the driver). FMCSR’s may be reviewed on-line at <www.fmcsa.dot.gov/rulesregs/fmcsrhome.html>. Please remember though, Federal law prohibits a vehicle manufacturer from selling to a school a new vehicle for student transportation that does not meet federal standards applicable to school buses.


In the following excerpt current statute is shown is this style type, new language is shown in this style type, and deleted language is shown in this style type.

SECTION 1. IC 20-9.1-1-4.5, AS AMENDED BY P.L.278-2001, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 4.5. As used in this article, the term "special purpose bus" means any motor vehicle designed and constructed:
(1) for the accommodation of more than ten (10) passengers;
(2) that:
(A) meets the federal school bus safety requirements under 49 U.S.C. 30125 except the:
(A) (i) stop signal arm required under federal motor vehicle safety standard (FMVSS) no. 131; and
(B) (ii) flashing lamps required under federal motor vehicle safety standard (FMVSS) no. 108; and
(B) when owned by a school corporation and used to transport children, complies with the Federal Motor Carrier Safety Regulations as prescribed by the United States Department of Transportation Federal Motor Carrier Safety Administration as set forth in 49 CFR Chapter III Subchapter B; or
(C) when owned by a school corporation and used to transport children, is a motor coach type bus with a capacity of thirty (30) or more passengers and a gross vehicle weight rating greater than twenty-six thousand (26,000) pounds; and
(3) that is used by a school corporation for transportation purposes not appropriate for school buses.

United States flag

The public law directs the State School Bus Committee to adopt rule to allow the display of the U.S. flag on school buses. Notification will be provided when the Committee has created a proposed rule and scheduled a public hearing. Comments and testimony may be provided to the Committee at that time.

For assistance please contact the division by telephone at 317-232-0890 or by e-mail to tgummer@doe.in.gov.