3060: ESU Vehicle Use

Pupil Transportation Vehicles. The transportation of students in a pupil transportation vehicle is governed by the rules of the Nebraska Department of Education and the ESU’s safe pupil transportation plan or safety and security plan. See Title 92, Nebraska Administrative Code, Chapter 91 – Regulations Governing Driver Qualifications and Operational Procedures for Pupil Transportation Vehicles (“Rule 91”) Title 92, Nebraska Administrative Code, Chapter 92 – Regulations Governing the Minimum Equipment Standards and Safety Inspection Criteria for Pupil Transportation Vehicles (“Rule 92”), available on NDE’s website (www.education.ne.gov). A pupil transportation vehicle is any vehicle utilized to carry ESU children as sponsored and approved by the ESU board and that conforms to the Nebraska Department of Education definitions of pupil transportation vehicles listed as ESU Bus, Activity Bus, Small Vehicle, or Coach Bus.

ESU Vehicles Other Than Those Transporting Students. ESU employees, board members, and other elected or appointed ESU officials (collectively “ESU personnel”) who are not transporting children are authorized to use an ESU vehicle to travel to a designated location or to their home when the primary purpose of the travel serves an ESU purpose. ESU vehicles may not be used for personal purposes unless the vehicle, or the use of it, is provided to an employee as a condition of an employment contract or it is leased to ESU personnel as allowed by law. ESU personnel must operate ESU vehicles in accordance with all applicable federal, state, and local laws.

Driver Qualifications. ESU personnel who wish to use a vehicle owned or leased by the ESU and who are not transporting students must:

  • Possess and provide a copy of a valid Motor Vehicle operator's license.
  • Be able to read and comprehend driving regulations and written test questions.
  • Obtain and provide a copy of his or her current driving record from the department of motor vehicles at least one time per ESU year to the ESU Administrator or his or her designee.
  • Be at least 19 years of age.

ESU personnel must notify the ESU Administrator or his or her designee about any change in their driving status or eligibility.

ESU personnel who have been convicted of any of the following or who meet any of the following conditions will not be allowed to drive an ESU vehicle:

  • If the citation or conviction occurred at any time—Motor vehicle homicide or driving under the influence – 3rd or subsequent offense; 
  • If the citation or conviction occurred within the last 3 years - Driving under the influence of drugs or alcohol, failure to render aid in accident you are involved in, speeding 15 miles per hour or more above the posted speed limit, reckless driving (willful or otherwise), careless driving, leaving the scene of an accident, failure to yield to a pedestrian with bodily injury to the pedestrian, or negligent driving; or 
  • Have accumulated 6 points or more under an operator’s license point system within the last 2 years. 

The ESU Administrator or his or her designee has the discretion to prohibit ESU personnel from driving an ESU vehicle for a citation or arrest for the above offenses or any other offense or reason. The ESU Administrator or his or her designee will make the final determination about the use of ESU vehicles.

Electronic Communication While Driving. Unless the ESU Administrator or a principal grants an exception to allow verbal communication on an as needed basis for specific ESU-related work based upon an employee’s duties and responsibilities, ESU personnel shall not use any electronic communication device to read a written communication, manually type a written communication, send a written communication, verbally communicate with others, or otherwise communicate with others while operating an ESU vehicle. This prohibition includes but is not limited to answering or making telephone calls, engaging in telephone conversations, and reading or responding to e-mails, instant messages, text messages or other visual media.

Tobacco, Alcohol, and Controlled Substances. The use of any tobacco product, including the use of vapor products, alternative nicotine products, or any other such look-alike product, is not permitted in an ESU vehicle at any time. The use or possession of any alcohol or controlled substance (unless legally prescribed to ESU personnel by a physician) is not permitted in an ESU vehicle at any time. All drivers shall follow and be subject to Drug Free Workplace Policy and Drug Policy Regarding Drivers Policy.

Traffic Accidents, Infractions, Violations, or Citations. ESU personnel who receive a citation or warning citation from a law enforcement officer or are involved in an accident while operating an ESU vehicle must report the citation to the ESU Administrator or his or her designee as soon as practicable, but no later than 24 hours of receipt. The ESU Administrator must report his or her accidents, infractions, violations, or citations to the board president.

Adopted on: December 10, 2018
Revised on: _______________
Reviewed on: ______________