The Operator 2004

Volume 34 Issue 1January 2004

Putting Your Drug & Alcohol Testing Program Under a Magnifying Glass BY SHARI DANZEISEN

It is surprising, but there are still companies out there who don’t have any grasp of Federal Motor Carrier Safety Regulationsregarding drug and alchol testing! Even more surprising, there are companies that don’t have any type of drug and alcoholtesting program existing at their company. And, most shocking of all, there are companies who simply choose to ignore theregulations and hope that they never experience a DOT audit of their records! In actuality, it is not fines from the DOT thatcompanies should fear - the more important issue is liability. A lawsuit showing a company’s negligence can put them out ofbusiness.

When a company’s drug and alcohol testing program is evaluated, one of the following things are found: the company knowsthe rules, the company thinks they know the rules, the company does not understand the rules, or the company has hand-ed over complete responsibility to an outside provider. Think about it carefully for a moment, which category does your com-pany fall under?

Small details are very important when it comes to DOT Drug and Alcohol Testing Regulations.Some of the following are mistakes that happen frequently in Minnesota (all regulated busi-nesses - not just school bus companies) taken from press releases by the Federal MotorCarrier Safety Administration:

No pre-employment drug test result before putting a driver to work. There must be arecord of a negative pre-employment drug test before you can allow that person toperform any safety sensitive function. Often companies let a person drive or performsafety sensite functions before they receive the negative test result from their Med-ical Review Officer (MRO). Many people are also confused thinking a pre-employ-ment test can be forgone if the driver has been in a program within the last 30 daysand have been tested in the last 6 months, or have been in a pool for 12 months.To forego a pre-employment drug screen, you are required to obtain extensivedocumentation regarding the program and you must have the documentation beforethe person performs a safety sensitive duty. If an employee brings in a copy of theirrecord - this is not good enough - you must have written verification from the pastcompany.

The next mistake is often failure to get test information from previous employers. You mustobtain the employee’s consent, and get information on failed or refused tests from previousemployers for the past two years. You are required to get this information even though youhave done a pre-employment drug test. This regulation is required for every prospectiveemployee who has worked in a safety sensitive field in the last two years. This regulationensures that employees are not hopping from job to job when either they fail a drug testor they refuse to test. You may let the driver perform safety sensitive duties, but youmust document your effort in retrieving the information from the former employerwithin 30 days. There are multi-part forms available to purchase for this purposefrom safety/compliance companies like J.J. Keller. CONTINUED ON PAGE 5.

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BBOOAARRDD OOFFDDIIRREECCTTOORRSS

20032003

JULIE BERNICK, DELANO763.972.3991/FAX 972.3757

MIKE CLARK, FERGUS FALLS218.739.3393/FAX 739-5564

JON GOETZ, ROCHESTER507.289.4541/FAX289.6652

DOUG GRISIM, LAKE CITY651.345.4112/FAX 345.2118

TOM HEY, MARSHALL507.532.4043 / FAX 532.9398

LYLE HICKS, LITCHFIELD320.693.3292 / FAX 693.8180

BRIAN KOCH, WACONIA952.442.3370/FAX 442.2665

MIKE KROIS, DULUTH218.724.1707/FAX 724.2432

JENNY AKSAMIT, BROWERVILLE

320.594.8228

BILL MCNAB, NORTHFIELD507.645.5720 / FAX 645.5635

ROGER MILLNER, ANNANDALE320.274.8313 / FAX 274.8027

MICHAEL MORAN, BAXTER218.829.6955 / FAX 829.6671

GREG NORD, MOORHEAD218.236.0300 / FAX 236.1445

CHARLES PETERSON, JR., ANDOVER612.755.3100 / FAX 755.7622

DICK PLAHN, WILLMAR320.235.2110 / FAX 235.1301

KURT SCHUMANN, MINNEAPOLIS612.378.1372/FAX 362.9470

The OperatorMISSION STATEMENT:

THE PURPOSE OF THE OPERATOR IS TO PROVIDE THE MEMBERSHIPOF THE MINNESOTA SCHOOL BUSOPERATORS ASSOCIATION WITHINFORMATION REGARDING CURRENT INDUSTRY ISSUES.

THE OPERATOR IS PUBLISHED 12TIMES A YEAR BY THE MSBOA, 10606 HEMLOCK ST. NW • ANNAN-DALE, MN 55302.

FOR MORE INFORMATION CALL320-274-8313. E-Mail [email protected] or FAX: 320-274-8027.Website: www.msboa.com

SUBSCRIPTIONS ARE FREEWITH MEMBERSHIP. ADDITIONALSUBSCRIPTIONS ARE $24.00 AYEAR. COPYRIGHT 2004.

MEMBERS MAY MAKE PHOTO-COPIES OR USE ARTICLES AS NECESSARY PROVIDING THESOURCE IS CITED.

CO-EDITORS:SHARI DANZEISEN & SHELLY JONAS

LAYOUT & DESIGN: SHARI DANZEISEN

VIEWS PRESENTED IN THISNEWSLETTER MAY NOT NECESSAR-ILY REPRESENT THE OPINIONS OFTHE ENTIRE MEMBERSHIP OR ITSBOARD OF DIRECTORS.

PRESIDENTJULIE BERNICK

FIRST VICE PRESIDENTMIKE MORAN

SECOND VICE PRESIDENTTOM HEY

TREASURERROGER MILLNER

FROM THE PRESIDENT

Julie BernickSTAHLKE BUS SERVICE, INC.

DELANO, MINNESOTA

I hope all of you had a Joyous Holiday Season!!!!

During the holidays, we always have parents that are shopping or busy and running alittle late. In one incident this past December (we have 1/2 day kindergarten) the par-ent called twice to change the child’s drop off location before 11:00AM. We did whatwe were told and dropped the child off at the daycare specified for that morning. Theaunt was the alternate pick up and didn’t get the message the child was to go to a day-care. The child was dropped off and was to walk 3 houses down the street to the day-care, the bus left when the child was 1/2 way there. The aunt showed up and pickedup the child before the child reached the daycare. Some neighbors saw the car stopand the child get into the car. Needless to say it was a very frantic 45 minutes of notknowing where the child was or if they were safe. The sheriff’s department was con-tacted in 25 minutes and we were in the neighborhood knocking on doors to see if any-one had seen the child. The important thing is that the child was never in any danger,and was safe. A frustrating part of our business is that we received no credit or thanksfor knocking on doors, making numerous phone calls, or doing what was requested inthe first place. The parent was frantic and blamed us for it happening. Safety is alwaysfirst in our minds as it was this day. It could have been a tragedy and our hearts racedfor that frantic 45 minutes. We set policies and follow them, we train our transporta-tion specialists, and we make the public aware of school bus safety issues, but ulti-mately are unable to control everything.

Don’t forget the Joe Beaton Scholarship applications are out! Consider nominatingone of your people for this years Transportation Specialist Award.

As 2004 begins, we make resolutions. Maybe it is to lose the extra pounds we put onover the holidays, exercise more, stop procrastinating, whatever it may be we all seemto make a change...My resolution - To be the best I can be. Have a great 2004!!!

Julie Bernick

Happy New Year!

I hope everyone had a blessed Holiday Season with family, staff, and friends, and is back on theirdiets-again? I know I am!

One of those "working lunches" I had in December was with Kurt Schumann of Laidlaw EducationsServices and MSBOA's Legislative Committee Chair. We dined with Captain Ken Urquhart, head ofthe Division of School Bus Transportation at the Minnesota Department of Public Safety to discusslegislation that MSOBA introduced late last session at the request of the Department.

The following seven paragraphs are a summary of Kurt's summary of the meeting.

"In the past decade, where have our industry problems been concentrated - equipment or drivers? With the exception ofthe Carpenter roof welds, it seems that drivers have drawn more attention. Driver qualifications, driver school bus endorse-ment training, in-service training, annual BTW evaluations, driver records - these issues have created more concerns for thepublic and the regulators than equipment.

During the 1990's, the school bus industry in Minnesota was extremely successful in implementing a third-party testing pro-gram that provided benefits for operators, district operations and the state of Minnesota. Captain Urquhart believes that aphased (several year) replacement of the current annual inspection patrol inspection program with a program administeredby trained employees can also provide benefits for all the involved parties.

The Captain believes that a year-round maintenance program is essential to having the safest equipment on the road (dur-ing the entire year) transporting students. He is quite aware that some districts and some contractors focus most of theirmaintenance during the weeks immediately prior to the annual inspection. Good district and contract operations that "dothe right thing" and maintain their buses on a daily basis will benefit from not being subject to the schedules of state inspec-tors. Districts and operators who use the current system to "get by" with inconsistent maintenance will need to improve.With education of these transportation providers, and increased random inspections, theCaptain believes that the "bar will be raised" for safer statewide transportation.

Over a two to three year period, as inspectors annual inspection responsibilities migrateto the fleet operators, state inspectors will be able to devote additional time to inspec-tion of driver hiring and training records. Recent inspections reveal that perhaps hasmany as half of our fleet operators do not understand and comply with drug and alcoholtesting regulations. It is also common knowledge that many fleet operations (small dis-tricts and/or contractors) are not complying with the legislative requirements for in-ser-vice training and annual evaluations. The Captain wants to devote his efforts, and theefforts of his inspectors, to educating the industry regarding the benefits of improved dri-ver training and risk management. If education efforts are not sufficient, inspectors willhave the opportunity to use enforcement to assist non-compliant operations in makingtheir day-to-day operations safer.

The Captain is willing to come to our June meeting to spend several hours promotinghis vision of a safer school bus system for Minnesota. He has many ideas ranging fromhow to make school bus physicals more convenient to the design of the plastic licensecopy. Let's take him up on his invitation and listen to what he has to say. Better yet,let's commit to inviting non-members (on a one-time no charge - see what we have tooffer basis) to hear what he has to say on that Monday morning. Let's bring them in fora sample of what we do to promote safe transportation in Minnesota. And when weshow them how we can work together to provide answerer and solutions to the kind ofchange proposed by the Captain Urquhart, we'll get some of them to join and attend ona regular basis.

Continued on Page 8.

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LEGISLATIVE REPORTBy Gary Botzek, Capitol Connections

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YYoouu CCaann HHaavvee TThhiiss YYoouu CCaann HHaavvee TThhiiss BBiillllbbooaarrdd IInn YYoouurr TToowwnn!!!!!!!!BBiillllbbooaarrdd IInn YYoouurr TToowwnn!!!!!!!!

The MSBOA has purchased another 100 of these full color, billboard size posters with safety funds. The MSBOA has ad agen-cies in all areas of the state ready to put them up in your area. It will cost you about $150.00 per month to have the billboardup. This is an excellent way to educate the driving public on the importance of school bus stop arm laws.

If you are interested in having a safety billboard in your area, please contact: Cunningham Advertising at 952-446-1611.

Picture F - Please scan in black &White artwork, and put in box.

WE WE WILL PWILL PAAYYTTOP DOLLAROP DOLLAR

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What is a Bil-lion?

The next time you hear a politician use the word "billion" casually, thinkabout whether you want that politician spending your tax money. A billionis a difficult number to comprehend, but one advertising agency did a goodjob of putting that figure into perspective in one of its releases:

• A billion seconds ago it was 1971.

• A billion minutes ago Jesus was alive.

• A billion hours ago our ancestors were living in the Stone Age.

• A billion dollars ago was only 8 hours and 20 minutes at the rate Washington spends it.

MAGNIFYING GLASS...CONTINUED FROM PAGE 1.

Another infraction is failure to actually ask an applicant if they have ever failed or refused to take a drug or alcohol test. Appli-cants may not answer this question truthfully, but if they do - you cannot use that person until they would have undergoneevaluation and successfully completed return-to-duty drug screens. This is something that should be added to your drug andalcohol policy and then added to your application process. The applicant then should sign off on that portion of the form.This way, you can prove the applicant was asked.

Failure to train supervisors. All persons designated to supervise drivers must receive 60 minutes of training on alchol mis-use and another 60 minutes on drug misuse. This training needs to be documented and kept for the duration of performingsupervisory duties (and for 2 weeks after they are no longer holding that responsibility). You can (and should) include peo-ple who dispatch also - they should be aware of the regulations and see the drivers every time they go out on the road alongwith the supervisors.

Every company is required to have a comprehensive policy for drivers. This policy explains all of the DOT and FMCSA drugand alcohol requirements and also includes the company’s policies and procedures in following the requirements. It shouldinclude the name of the person designated to handle the program, explain who falls under these requirements, which cir-cumstances require testing, the government requirement for testing, explanationof a refusal, consequences of a refusal, consequences for positive or “failed”tests, signs and symptoms of misuse, and available intervention methods. Youmust have the driver sign off on the policy. This protects you in a situation if thedriver must be terminated. Often in a legal battle the driver says that they didn’tknow it was policy.

One of the biggest mistakes that a company can make all of the other mistakesessentially happen is selecting the wrong person to be your company’s Desig-nated Employee Representative (DER). This person is authorized to take imme-diate action to remove a driver from a safety sensitive functions when the driverrefuses to test or fails a drug or alcohol test. The company you contract with toperform collections or do random selections can’t act as your DER. The personthat you select as your DER should also be the person that performs all admin-istrative tasks related to drug and alcohol testing. This point cannot be stressedenough, the person selected for this area of your business can make or breakyou! Qualifications you should look for in a DER would be a strong desire tomake sure the company is in compliance, can be trusted with confidential infor-mation, understands complicated regulations, and of course has great aptitudefor details!

One more thing for companies to always consider: The Federal Motor CarrierSafety Regulations are minimal standards. To ensure that your company randomnumbers are 50% for drug testing, and 10% for alcohol testing have yourconsortium pick a few extra names each time they do a random selection.This allows for fluxuations in your company with new hires thus having ahigher number of employees at certain times during the year. As far as pick-ing alternate names: You must document the reason why a driver was nottested and keep it on file. A reason to pick an alternate may be if the driveris on leave for many months - but it is extremely important that drivers arenot excused from a test because a supervisor knows they had bowling,dart, or volleyball league the prior night. They should not come to work thenext day if they are concerned about not passing a test, and supervisorsshould not allow them to drive if they are concerned about their drivereither...remember why these regulations were put in place.

For a full copy of the FMCSA drug and alcohol testing regulations goto the rules and regulations section of www.fmcsa.dot.gov.

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Health Insurance Still Number One Concern for Small Businesses By Shelly Jonas

While economists are predicting a favorable outlook for 2004, small business owners state that the cost and availability ofhealth insurance was the single, most important challenge they face, even beating out taxes and poor sales.

Last year, the House of Representatives passed legislation allowing small businesses to obtain much-needed help thoughAssociation Health Plans (AHPs), which would allow small firms to band together to purchase affordable health insurancethrough trade associations. The Senate, however, has yet to consider it. Congress did manage to pass on June 26th, 2003,a Health Savings Account (HSA) option that takes effect January 1.

The new law creates new personal savings accounts, to help pay unreimbursed medical expenses on a tax-preferred basis.There are two types of accounts.

(1) Health Savings Accounts (HSAs) may be established by any individual who is covered by a health plan with an annualdeductible of at least $1,000 for self-coverage and $2,000 for family coverage.

(2) Health Savings Security Accounts (HSSAs) may be established by any individual who is either uninsured or is coveredby a health plan with an annual deductible of at least $500 for self coverage and $1,000 for family coverage.

Annual contribution limits:

(1) Health Savings Accounts: The annual contribution limit is 100% of the deductible under the health plan. This may bebetween $1,000 - $2,500 (self-coverage policies) and $3,350 - $6,150 (family policies).

(2) Health Savings Security Accounts: For individuals with self-coverage policiesand uninsured individuals without dependents, the annual contribution limit is$2,000 (this amount phases down if the individual's income exceeds $75,000). Forindividuals with family coverage policies and uninsured individuals with depen-dents, the annual contribution limit is $4,000 (this amount phases down if the indi-vidual's income exceeds $150,000). Individuals age 55 and older can make addi-tional "catch-up contributions" to an HSSA. The additional contribution is $500 in2004 and will gradually increase to $1,000 by 2009.

Contributions can be received from the following sources:

Individuals Employers Rollovers from Flexible Spending Accounts (up to $500 annually) Family members (for HSSAs only) Tax Treatment:Individual contributions are tax-deductible, even if the taxpayer does not itemize Employer contributions are tax-free Family member contributions are made on an after-tax basis Investment earnings accrue tax free Distributions are tax-free if used for "qualified" medical expenses


6

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A CONTINUING SERIES OF BOARD COMMENTARIES

News and Views

TRANSPEC AD.

Superior TransitSales Ad

I find myself writing this article the week before Christmas and alreading wishing winter was over. The "weather" sure hasbeen unique this cold season. The weatherperson sure does like to hype the storms this year

Every bad weather day, I go out early and check the roads to see what their condition is. This year I've already been outtwice and am looking at another early morning tomorrow. It sure does seem like the County and Townships have forgottento get their winter supply of sand. Or is it maybe they are trying to make a budget statement at the expense of safety?

After checking the condition of the roads, I call neighboring contrators to see how their roads are and to see what their Dis-trict is going to do. I then call the Transportation Director and give him my recommendation and he relays all the informa-tion to the Superintendent. As a larger District with tiered routing, the decision to run "on time", run two hours late or closeis not an easy one nor one to be taken lightly.

Many parents, students, teachers, administrator etc find the decision to close school because of bad weather such an easyone - just ask them. I like to tell them that we are making a huge decision that directly impacts the safety of every studentwho attends school in our District.

If I'm not too tired and am up to the challenge, I like to expand into my prior night's schedule of checking the radar, listeningto my kids beg to close school, looking out the window, watching the weather and checking the roads. This usually preventsthem from calling me in the future.

Winter Roads and School BusesBy Jon Goetz, Laidlaw, Rochester, MN

Health Insurance... Continued from Page 6.

Qualified medical expenses include:

• Amounts paid for the diagnosis, cure, mitigation, treatment or prevention of disease, • Prescription drugs, • Qualified long-term care services and long-term care insurance, • Continuation coverage required by Federal law, • Health insurance for the unemployed, • Health insurance for individuals who are otherwise uninsured (HSSAs only), and • Retiree health insurance after age 65, including Medicare associated expenses (for HSSAs only).

Distributions made for any other purpose are subject to income tax and a 15% penalty.The 15% penalty may be waived in certain cir-cumstances.

The proposal modifies the "use-it-or-lose-it" rulesfor Flexible Spending Accounts by allowing up to$500 of unused balances to be: (1) carried for-ward in the Flexible Spending Account or (2)transferred to an HSA or HSSA. Individuals whoare not eligible to contribute to an HSA or HSSAmay transfer up to $500 to a pension plan.

The proposal clarifies that payments to medicalservice providers through the use of debt, cred-it, and stored-value cards do not create newreporting requirements for employers

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We will be working with Captain Urquhart to redraft the language in HF1620/SF1550. We would amend the bill at the firsthearings in both the House and Senate Committee to better reflect and define what we are trying to accomplish and addressany concerns raised by our members.

We are also working with the MAPT on their legislative issues and concerns for the 2004 legislative session. We hope to beable to support them in their efforts, in exchange for their support on our issues!

If you would like to serve on the Legislative Committee or have any concerns with this important piece of legislation, feel freeto call Kurt at 763-533-0313 or email him at [email protected].

If you have any questions regarding the Legislature or MSBOA legislative issues, feel free to contact me directly at 651-293-9295 or email me at [email protected].

Legislative Update Continued from Page 3.

Chairperson Frank Zeman called the meeting to order at 9:50AM in Minneapolis on December 17.

Duane passed around samples of the new inspection stickers which will be used for all trucks and buses beginning in Jan.

A question was raised to Duane about school bus drivers having to carry medical cards with them. Duane explained that aschool bus driver would not need a medical card if the vehicle is owned by a school district when going interstate. If it isowned by a contractor the driver would need to carry a medical card. Any trip intrastate by district or contractor does notneed a medical card. If the driver is issued a citation it would be dismissed in court. Some new law enforcement officersdon't always understand this school bus rule.

Pulling trailers behind buses was brought up. Chuck Peterson reported that the law in Wisconsin had changed and Min-nesota school buses on school related activities can now pull a trailer in WI.

Train-the-Trainer dates for 2004 are July 13-16 in St. Cloud.

Poster Contest - Mike Kemp was unable to attend but information should be sentelectronically soon. The theme is 'Flashing Red Means Stop Ahead'. Judging will beat our April meeting.

Rodeo - Next years date will be June 5, 2004. We will need a chair for the Road-eo.The committee will meet in January. The National Road-eo next year will be held inMpls. Next summer. More information to come.

The joint meeting between MAPT and MSBOA will be held March 19-20 in St. Cloud.

Security for School Bus Operators: There was discussion about this and whether weshould form a sub-committee on this topic. The FMCSA has a pamphlet available onthis topic. The committee will be; Denny Coughlin, Deb Bradish, Dean Krause, LoriJonason, Tom Meyer, Sherry Case, Tom Burr and Cindy Johnson.

Tom Meyer brought up the issue of cell phone use by students on the bus. He hasencountered incidents where students involved with issues are calling their parentsand they are meeting the bus. Picture phones were also brought up as to invasion ofprivacy concerns. As cell phones continue to increase so will this issue. Most schools have policies for use in the schools but does this include the bus?

Duane Bartels stated that the answer sheets for the 'Student Conduct and StudentWith Disabilities' tests are now on the web site.

Denny Coughlin said the National Standards Committee which meets every 5 years will be meeting in May of 2005. Seven delegates attend from each state andthere are about 15 committees. Preliminary work will begin this spring to pull infor-mation together.

Meetings are scheduled the 3rd Wednesday of each month.

Upcoming meetings:January 21- St. PaulFebruary 18-RosemountMarch 17- South Washington County SchoolsApril 21- New PragueMay - First StudentJune - Open

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TOP 25 SECURITY PROGRAM ACTION ITEMS School Bus Operations

Produced by National School Transportation Association (NSTA)

In the December issue of The Operator, there was an insert regarding security for school bus operators. The following areare securty items suggested by a variety of sources, including TSA, FTA, FMCSA, the U.S. Department of Education, andschool bus operators. These action items were then produced by NSTA. You are encouraged to incorporate these practicesinto your business.

MANAGEMENT1. Develop a written security program and emergency management plans in conjunction with school administrators,

law enforcement, fire department, EMS, and emergency preparedness agency. The plan should address traditional crises such as fires, weather emergencies, serious accidents, and school evacuations as well as terrorist activities.

2. Review and modify emergency plans as necessary in light of increased threat levels from the Department of Homeland Security.

3. Develop a command structure for responding to a crisis. Know the roles and responsibilities of first responders, and determine the chain of command within your organization. Verify 24/7 contact information.

4. Identify multiple evacuation routes from schools and bus facilities; identify alternatives for regular routes that use key infrastructures, such as major bridges or tunnels, in time of increased or targeted security alerts.

5. Coordinate and stage a practice drill of emergency plans with local security partners above.6. Develop a communications plan for getting information to schools, parents, law enforcement. Appoint a single

person to communicate with the media and the community.7. Ensure that updated route sheets and passenger lists are readily available for all buses and all schools.8. Prohibit unauthorized persons from entering buses; establish authorization standards and procedures.

FACILITIES9. Conduct a risk assessment of facilities, including bus yards, garages, dispatch locations, driver areas. Conduct a

risk assessment of all routes and bus stops for security as well as safety, noting for example stops that are obscured by overgrowth of bushes where persons could hide.

10. Control access to bus parking areas, if possible. Restrict entry to one gate.11. Install fencing, lights, locking gates, video surveillance, or other security measures as needed.12. Arrange with local police to include your facility in their regular patrols.13. Reduce your tolerance for “security anomalies,” such as overdue or missing vehicles, intrusions into the bus yard,

unverified visitors, etc.

EQUIPMENT14. Maintain a security system for bus keys.15. Equip all buses with two-way communication.16. Establish an “external trouble indicator” that drivers can use to alert law enforcement, such as all lights flashing.

Be sure to discuss with law enforcement.17. Install video surveillance, GPS, door locks, other equipment as needed and permitted by state law. Train

employees in proper use.

PERSONNEL18. Provide IDs for all drivers (preferably photo ID)19. Conduct background checks on employees if not provided by the state.20. Advise employees to report suspicious incidents or persons at the bus facility or on route.21. Provide security training for drivers and other employees.22. Establish crisis codes that drivers can use to alert dispatch that they are in trouble.23. Train drivers never to leave buses running, but to turn off the engine and take the keys when leaving the bus at

any location.24. Advise drivers to check buses for foreign objects inside and outside anytime a bus has been unattended, such as

at an activity trip destination.25. Establish a method of position reporting as needed during high alerts.

2004 National ForecastBy Jeff Kulick, Executive Director, National School Transportation Association

There is a lot going on in Washington that affects you and your business -- issues affecting your equipment, personnel andoperations. NSTA is advocating for contractors across many fronts.

For our industry, the first few months of 2004 will be dominated by two major legislative issues: the Reauthorization of theTransportation Equity Act for the 21st Century (TEA-21) and the energy bill.

TEA-21 is the major legislation for transportation issues of all kinds, including school bus issues. Congress passed an exten-sion of the bill as they work on the reauthorization. This bill affects road construction, all the federal agencies relating to trans-portation and much more. Right now, Congress is grappling with ways to fund the bill. NSTA is working on a "wish list" ofitems we'd like to see in the bill including prohibiting the use of nonconforming vans, incorporating the creation of hazardmaps for walking and biking alternatives, strengthening the St Germaine amendment, developing credible data, and otheritems meant to help the private sector of the industry and the industry as a whole.

NSTA has been working for more than two years on a Clean School Bus provision that will provide federal funding for thereplacement of school buses. We succeeded in getting our proposal for a new $300 million program for clean school busesover a five-year period as a key part of the Energy bill. The bill stalled in November, for reasons unrelated to our provision,and we are working to keep this program alive.

There are other legislative issues beyond these two major pieces as we work on transportation, education, security and otherissues affecting the industry.

We are also looking at key regulatory issues - 35 regulatory initiatives at the moment. NSTA is working a wide range of issuesat the Federal Motor Carrier Safety Administration (FMCSA) focusing on drivers, licensing and safety regulations. With theNational Highway Traffic Safety Administration (NHTSA) NSTA is working on safety and equipment issues. There are otherkey concerns affecting the industry involving transit issues, security, education and more.

NSTA will hold its 40th Convention and Annual Meeting in Minneapolis, July 11-14. Wehope Minnesota contractors will help make this a special celebration as we return to thecity where NSTA was founded.

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In This Issue:Drug & Alcohol Testing Program Under the Microscope . . . . . . . . . . . . .1,5From the President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2Health Insurance Concern for Small Businesses . . . . . . . . . . . . . . . . . . .6,8Legislative Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3News and Views . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

22000044 CCaalleennddaarr ooff EEvveennttssMSBOA/MAPT/MSBMAAnnual Joint Conference

March 19-20, 2004St. Cloud Civic Center

St. Cloud, MN

MSBOASummer ConferenceJune 13-15, 2004

Breezy Point Conference Center

Look Inside for Registration Materi-

alsto the Annual

Volume 34 Issue 2February 2004

Not to Be Missed!!!UPCOMING ANNUAL CONFERENCE HIGHLIGHTS...BY SHARI DANZEISEN

MARCH 19-20, 2004 STMARCH 19-20, 2004 ST. CL. CLOUD CIVIC CENTER, STOUD CIVIC CENTER, ST. CL. CLOUD, MNOUD, MN

The Annual MSBOA/MAPT Conference has traditionally been a meeting where bus operators, transportation directors, andmechanics gather together to share knowledge with their peers in the school bus industry . This year is no exception! Actu-ally, the MSBOA and MAPT combined their conference planning committees last October and have been working ever sinceto organize an even greater conference than in years past!!!

An important change this year is: MSBOA and MAPT are arranging the Mechanics Seminar. The Metro School BusMechanics Association (MSBMA) declined to be a part of our conference this year. Our bus body vendors are generouslysponsoring a full-day seminar for mechanics on Saturday, March 19, 2004. Topics will include: Multiplex Wiring, IC Corp.365 Engine, and Diagnostic Trouble Shooting. Mechanics wishing to attend the one day seminar are encouraged toregister through MSBOA on the same form as operator/contractor attendees.

Get ready to learn! The topics for the general membership include:

• DPS Updates and Information: Any changes in state laws for school buses. Presented by Captain Ken Urquhart, MN DPS.

• Proposed Self-Inspection of Buses: The state is working on having companies and school district perform their own vehicle inspections - are you prepared for this task?

• Highway Passenger Security for the School Bus: Presented by Captain Ken Urquhart, MN DPS, and Dan Drexler, MN DOT-FMCSA.

• Transporting Students with Chemical Dependency or Mental Health Issues: Presented by Carol Hokenson, Minnesota Department of Education.

• Transportation Industry Legislative Issues: Presented by MN Speaker of the House, Steve Sviggum.

MSBOA and MAPT pulled out all the stops this year and have scheduled several great speakers including: State HouseSpeaker, Steve Sviggum; MN DPS, Captain Ken Urquhart; US DOT FMCSA MN Director, Dan Drexler; U of M FootballCoach, Glen Mason; and the committee is working on securing MN State Governor, Tim Pawlenty. Don’t forget: We stilloffer the great trade show sponsored by our vendors on the evening of Friday, March 19, 2004.

Sound exciting??? Don’t miss your opportunity!! Register for the 2004 Annual MSBOA/MAPT Conference today!!

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20042004










320.594.8228







KURT SCHUMANN, MINNEAPOLIS612.378.1372/FAX 362.9470














FROM THE PRESIDENT


DELANO, MINNESOTA

As I am writing this it is the coldest day of the winter.

A clarification of IEP's. We had a student making gestures to a car thatwas following the bus. The woman in the car stopped the bus andreported the situation to the driver. We proceed with our discipline pol-icy. As this fell into the severe clause, we suspend the student for 5school days. In speaking with the Dean of students, this student had anIEP and it was written in his IEP that he could not be suspended fromthe school bus. At this point our hands were tied. We could not sus-pend him. Of course, I questioned this. I first called the MSBOA Office.My first question, why doesn’t the “Riding a School Bus is a Privilegeand not a right,” within the State of Minnesota, since 1995, apply in thiscase? I then called Linda Schroeder and Bob Fischer at the Departmentof Education, for a clarification of the law. This is what I was told, if a stu-dent with an IEP has it written in the IEP he/she can not be suspendedfrom a school bus you may not suspend the student. The student got inschool suspension; he was told if he had another incident he would haveto ride special transportation for two weeks. In speaking to the dean ofstudents and the principle of our High School we are working on gettingthe clause out of his IEP. No one knows when this was put into his IEPor why.

Julie Bernick

As you are reading this article we should be through January-the coldest month of the year!

The days are getting longer and, I guess, the nights must be getting shorter!

Another cold month, February, brings the warmth of the new 2004 legislative session. The session isexpected to be shorter than average, but probably longer in terms of political fireworks due to Houseelections in November, but not for Senators or the Governor.

In terms of student transportation issues, MSBOA will be attempting to pass H. F. 1620/S. F. 1550, a bill that was introducedlate last session. The bill would permit school buses and Head Start buses to be inspected by certified inspectors insteadof the current system of annual state inspection. We are working with Captain Ken Urquhart, head of the Commercial Divi-sion of the State Patrol on this issue and bill. We met with Representative Randy Demmer, a Republican from Hayfield aboutbeing our chief author this year. He indicated that he would indeed carry the bill for us! Senator Steve Dille, a Republicanfrom Dassel will continue to be our Senate author. Captain Urquhart and I will be doing some redrafting of the language ofthe bill to address minor concerns that were raised by the new author and some of our members.

We have met and are working with the MAPT on their legislative issues and concerns for the 2004 legislative session. Theirissues include a local levy option to help school districts faced with the cost of replacement of Carpenter Bus Companybuses, prohibiting advertising on the exterior of school business but allowing advertising inside school buses, and allowingthe newly-marketed multi-functional school activity bus to be used for field trip or athletic trip transportation. We hope to beable to support them in their efforts, in exchange for their support on our issues!

We do expect additional bills and issues to arise in the near future, as legislators introduce bills for special interests.

If you would like to serve on the Legislative Committee or have questions or concerns about our legislation or any other billsthat your hear or read about, contact Kurt Schumann of Laidlaw Education Services and MSBOA's Legislative CommitteeChair at 763-533-0313 or email him at [email protected].

If you have any questions regarding the Legislature or MSBOA legislative issues, feelfree to contact me directly at 651-293-9295 or email me [email protected].

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EMPLOEMPLOYMENT NOYMENT NOTES TES TTO BUSINESS CLIENTSO BUSINESS CLIENTSBy Sharon Hobbs, Rinke-Noonan Law Firm

In Shaver v. Independent Stave Company, decided on December 1, 2003, the 8th Circuit (federal Circuit Court of Appeals forthe area including Minnesota) followed other circuits in officially recognizing a hostile work environment as a cause of actionunder the Americans with Disabilities Act (ADA).

To win such a case, the employee would have to show that: (1) s/he was a "disabled" person under the ADA's definition; (2)s/he was subject to unwelcome harassment because s/he was a disabled person; and (3) the harassment was severeenough to affect the terms, conditions, or privileges of his/her employment.

Although the court held that the rude, unkind, and insensitive conduct in this casewas not severe enough to constitute a "hostile environment", the former employ-ee (Shaver) was able to show a valid retaliation case when his supervisor(Bacon) told a prospective employer that Bacon could not recommend Shaverbecause Shaver had a "get-rich-quick scheme involving suing companies."

My point here is to remember that even when an employee's harassment com-plaint is not found to be valid, it is imperative that no negative action be takenagainst the employee as a result of having exercised his/her right to make acomplaint.

Employment Notes is a general discussion of legal issues and is not intended tobe legal advice. Readers should seek the advice of competent legal counsel toreview the specific facts and law regarding any given legal matter.

5

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Head Start TransportationRegulation ChangeADMINISTRATION FOR CHILDREN AND FAMILIESHead Start Bureau330 C Street, SWWashington, D.C. 20447

January 16, 2004

Dear Head Start Grantee:

This letter is to inform you of a change in the effective date of the implementation of several provisions of the HeadStart Transportation Regulations that were to have gone into effect on January 20, 2004.

The Secretary of the Department of Health and Human Services has announced that all Head Start programs willhave until June 21, 2004 to put in place provisions in the Head Start Transportation regulation related to child safe-ty restraints (45 CFR 1310.11) and bus monitors (45 CFR 1310.15(c)) (a copy of the press release is enclosed for use).In addition, grantees may request a further extension to January 18, 2006 to comply with these requirements. Inorder to do so, grantees must submit an “intent to request an extension” by March 1, 2004. To submit an “intent torequest an extension” you should either:

Log on to the Head Start Bureau’s website at http://www.acf.dhhs.gov/programs/hsb/, go to the “What’s New” section and follow the instructions on the screen or; Write to the Head Start Bureau, 330”C” Street SW, Washington, D.C. 20447 Attention: Transportation extension.

After submitting an “intent to request an extension”, the extension application itself is due to the Head Start Bureau no later than April 1, 2004. The application for an extension can be submitted electronically,following the instructions included at the above website, or by mail to

the Head Start Bureau at the above address.

You can read the full text of the revised transportation regulation on the Federal Register, dated January 16, 2004, at http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/04-1096.htm

We hope this change will help programs provide safer and more efficient transportation for Head Start children.

Sincerely,

Windy M. HillAssociate CommissionerHead Start Bureau

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News and Views

TRANSPEC AD.


Voyageur Bus Company Hosts Local

Area Drivers Training MeetingBy Rudy Lundahl, Operations Manager, Voyageur Bus Company, Duluth, MN

Submitted by Mike Krois, Voyageur Bus Company, Duluth, MN

On the evening of 1/15/04 Voyageur Bus Company hosted a school bus drivers meeting in Duluth at the Marshall SchoolCafeteria. The presentation was done by Captain Ken Urquhart who is the head of the Minnesota State Patrol CommercialVehicle Enforcement Division and his partner Sergeant Ed Carroll. We invited school bus drivers from all the surroundingDuluth areas. The turnout was just short of amazing. We had drivers from I.S.D. # 709 of Duluth, Proctor School District, Her-mantown School District, Esko School District, Two Harbors School District, Cloquet Transit, plus 101 drivers from VoyageurBus Company.

"Smart Driving and Accident Avoidance" was the name of the program. It lasted from 6:30 P.M. to 9:30 P.M. Topics that weretouched on included "Sleep Debt", "Leaving Yourself an out", and "Thinking Outside the Box". Their presentation was excel-lent and moved along with enough interesting and helpful facts to keep approximately 180+ school bus drivers all payingattention after a long week of tough winter driving here in Tropical Duluth. Captain Ken said his goal was to give every dri-ver attending at least one thing he or she could take away from the meeting that would help them in their job. Judging fromthe response we received it was a huge success. Everyone did bring at least one tip home with them.

We highly recommend that you invite Captain Ken and Sergeant Carroll to do their presentation for a drivers meeting at yourlocation. You will find it a valuable training and informational tool.

MSBOA Board of Directors MeetingJANUARY 14, 2004 • ANNANDALE, MN

President Julie Bernick called the meeting to order at 10:04 a.m. She introduced Jenny Aksamit as the new small bus oper-ator board member.

Tom Hey made a motion to accept the minutes from the October meeting. Chuck Peterson seconded. Motion carried.

Dick Plahn made a motion to accept the Treasurer’s Report. Greg Nord seconded. Motion carried.

A comment was made regarding the contract with Rinke Noonan, which should be expiring in January. President Bernickwould contact Rinke Noonan.

Gary Botzek (via conference call) and Kurt Schumann discussed the State Patrol’s desire to move school bus inspections toself-inspections. Later in the day, they would be meeting with Rep. Randy Demmer from Hayfield regarding the bill. Sena-tor Steve Dille was ready to move in the Senate with the companion bill. Botzek stated that Captain Urquardt has agreed tocome to Breezy Point this summer to discuss the self inspection with members. Botzek and Schumann recommend invitingnon-members to this presentation as well. Urquardt and FMCSA Director Dan Drexler estimate that 35% of all companies donot have a drug and alcohol program in place. Urquardt maintains that the new emphasis will be on education and notenforcement. As he envisions it, there will be a phase-in period for the new inspections to take effect.

There was a question regarding having the 8 light system on the steering wheel which will become available on new busesin March. The Department of Public Safety doesn’t have a problem with the location. There would be a meeting with Cap-tain Urquardt regarding the new placement.

MAPT has a legislative agenda item prohibiting advertising on the outside of school buses, but allowing it on the inside.

MAPT has a legislative item calling for a local levy for those that were affected by the Carpenter Bus roof weld flaws. Thereis another item regarding the use of multifunction buses on school athletic trips.

The Joint Conference MAPT-MSBOA planning committee presented their tentative itinerary. The committee was meeting fol-lowing the board meeting.

The Summer Conference Planning Committee was set. Lyle Hicks, Brian Koch and JonGoetz would work on content. MSBOA Staff were going to Breezy Point on Friday towork with the Conference Planner.

Mike and Mark Moran would work on the golftournament and get the raffle permit. MSBOAstaff would contact Tom Merrill regarding raffle.

Tom Hey would head up the entertainment.

Mike Krois stated that he would like to be able toacknowledge the company as well as the driverduring the Transportation Specialist Awards ashe noted last year that they were just as proudas the individual driver.

Chuck Peterson stated that the NSTA Confer-ence will be held July 11-14th at the Hilton inMinneapolis. It is the 40th Anniversary. Hehopes that everyone will get a chance to seewhat the goes on at the National Conferences.

The meeting was adjourned by Bernick at noon.

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Chairperson Frank Zeman called the meeting to order at 9:50AM. Introductions were made. Tom Meyer welcomed every-one to St. Paul.

1. Department of Education - Bob Fischera. The Special Education Driver and Assistant award application is on the Department web site and MAPT &

MSBOA. Deadline is March 15.b. The new Head Start regulations have been deferred until 6/21/04.c. Bob passed out a department memo that was sent to all Superintendents last week. It explains the new

interpretation for homeless student transportation and who is responsible for the cost. There was discussion that followed. If you haven't received this, check with your superintendent’s office.

2. Law compliance - Duane Bartelsa. Duane told us that the driver of the bus in the November fatality was charged with 2 misdemeanors and

one petty misdemeanor. We still don't know if it was a corner or mid-block stop.

b. The standards conference will be in May of 2005 and the information is on www.NCST.org. Public comments must be received by Jan. 31, 20004. Links are on SB Fleet, MAPT and MSBOA. Jan Dittbrenner, Bob Duncan and alternate David Peterson will represent MAPT.

3. Driver and Vehicle Services - Jim Connolly a. Jim shared with us that vehicle renewals are running behind by

about 3-4 weeks. b. A new vendor was hired to do drivers licenses. The company is from

England and they will be a high tech version with a special coating to help prevent alterations. This is a 5 year contract and they will be phased in over the next few years. The fees will stay the same.

c. A concern was raised to Jim about the time it takes to enter driver's renewal. Jim assured us that even though the 30 days has expired; if the record is pulled up it will show valid. If you are nervous about this the driver can take their yellow copy to a station and have it stamped again.

d. Tom Meyer asked if the procedure for taking the driving test has changed. He had a driver that when they hit a curb the examiner stopped the test. Usually they complete the test and then explain to the driver. Jim said unless the driver makes an unsafe maneuver they should go through the whole test. If this happens again you should ask the examiner why they stopped the test.

C. Committee Reports1. TTT- Ray Kroll

a. Dates for 2004 are July 13-16 in St. Cloud. The committee will be meeting right after this meeting here in St. Paul.

2. Poster Contest - Mike Kemp said the information has been sent to MAPTand MSBOA for distribution to their members. The theme is 'Flashing Red Means Stop Ahead'. The deadline is April 9. Judging will be at our April meeting.

3. Rodeo - Next years date will be June 5, 2004. We will need a chair for the Road-eo. Mark Vogel was in attendance and said he will call a meeting in the next few weeks and give advice to the new chair. They also will need to find a site because Forest Lake is not available.


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Minnesota School Bus Safety CommitteeMinnesota School Bus Safety Committee








Leasing & Financing




10

Attitudes. A persons attitude can affect every aspect of their life. We have all heard that before.Have you ever stopped and really taken a look at your operation and the different attitudes thataffect it every day? It’s not always easy to have a positive attitude. But in our business, it provesto be one of the most important aspects of the day.

The school bus driver sets the stage for how things will go on the school bus and throughout the stu-dents’ day. Imagine this, a driver wakes up in the morning, their drive in is fine and they get their busout. They find in their pre-trip inspection that they have a light out, and the driver that took that buson a trip the night before didn’t sweep or fuel the bus after they returned. The driver takes care of thoseproblems and stops in the dispatch office, grabs a cup of coffee and sits down. Immediately they findthemself joining in a negative conversation about the state of the economy. The conversation caus-es all of the drivers sitting around the table to get irritated. Many of the drivers stomp out of the dri-ver’s room for their route with a negative attitude feeling as if the whole world is out to get them. Doyou think this affects how the employee drives, handles other drivers on the road, and deals with stu-dents that morning? It is important to realize safety starts with the driver. Attitude can affect themechanics of driving the bus as well as predicts how the students will behave; a driver’s “baggage”shouldn’t get carried on to the school bus.

The Insurance Institute for Highway Safety says that 92% of all crashes are caused by driver POOR per-formance. Poor performance for school bus drivers is poor vehicle operation. And poor vehicle oper-ation is usually a result of a driver’s bad attitude.

Tips for Maintaining A Good Driver AttitudeFrom NHSTA (Share this section with all employees!)

1. Get a good night’s sleep; keep alert physically and mentally.

2. Try to leave personal problems at home; seek help if you need it: a. When you lock your car in the parking lot, lock your problems in too.

3. Arrive at work early: a. This way you can do a thorough pre-trip inspection and catch up on important news.

4. Greet everyone with a smile and by name.

5. Be patient, even-tempered, and understanding.a. Show respect if you wish to receive it.

6. Bring a sense of humor to the job; be able to laugh at yourself.

7. Learn to relax: a. Close your eyes; breathe evenly; think about the tension draining from your body. b. Repeat “I’m calm” and “I’m good at what I do”.

8. Be free from the effects of alcohol, illegal drugs, and medications — both prescription and over-the-counter.

9. Extend a hand to new drivers.

10. Watch for stressful symptoms in others and alert a supervisor.

Driver Attitudes By Shari Danzeisen

C O N T I N U E D O N P A G E 1 1 .

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4. Security Around the School Bus - Deb Bradish was elected Chair of the committee. They met on Jan. 5th and will meet every other Thursday beginning Jan. 29th at 9:30 in Mpls.

D. Organization Reports1. MAPT - Ray Kroll

a. The joint meeting between MAPT and MSBOA will be held March 19-20 in St. Cloud. Information will be available on the web sites.

b. The trade show booth at the Mn School Boards Assoc. meeting featured a display on the Carpenter Bus roof problems. Ray had the display board with him.

New Business Tom Meyer, speaking for Cindy Johnson from Eden Prairie (she stepped out of the room) brought up the issue with the lightrail tracks now in Mpls. There has been some confusion as to where you can cross them. There are maps on the followingweb site www.metrocouncil.org -maps. There are also speakers that will come out to your site to speak to drivers. SherryCase, First Student has had them several times.

Minnesota School Bus Safety Committee Continued from Page 9.

Utah Comes Up with Creative Wayto Raise Funds for Schools In Utah, a new program is about to belaunched allowing school supportersto buy license plates with a cartoon ofa yellow bus stamped on the plate,along with the slogan, “I support publiceducation.” The plates will be avail-able through the Utah Department ofMotor Vehicles and are expected to beavailable by month end. A partnershipbetween the Utah Association of Pub-lic Schools (UAPSF), Wells Fargo andthe Utah State Tax Commission'sDepartment of Motor Vehicles is mak-ing the program possible. Utah's 40school districts will receive and admin-ister the funds through a local educa-tion foundation. Monies raised by thesale of the plates cannot be used forsalaries or other expenses but must allgo directly to children and their educa-tion needs. The “mini-grants” will beused for scholarships, musical instru-ments, equipment in the classroom,etc.

South Carolina Busing to be PrivatizedSouth Carolina Gov. Mark Sanford hasproposed requiring the state Depart-ment of Education (DOE) to begin asearch for a private contractor to take

over school bus operations. TheHouse Education and Public Workssubcommittee earlier this week adopt-ed the Governor’s proposal. Sanfordwants to do away with some currentmethods to fund school statewide,including using up to $20 million in lot-tery funds to boost per-pupil spending.Currently, an Office of Transportationwithin the State DOE provides, main-tains, and services the state fleet of5,638 school buses; manages theschool bus drivers training and certifi-cation program; monitors school trans-portation safety and provides pro-grams to enhance student transporta-tion safety; assists districts with schoolbus routing and scheduling; andassists districts in responding to Fed-eral school transportation mandates.Last year the state spent $85.4 millionto fund school bus operationsstatewide.

Students Save Driver’s LifeDo any of your drivers suffer fromsevere allergies? You may want tocheck after reading this article. JodiWard, a 37-year old Canadian bus dri-ver who suffers from severe allergicreactions, received treatment from twostudents after an outbreak during arun. Ward’s allergies erupted after a

student boarded her bus eating toastslathered with peanut butter, officialssaid. The driver ended up giving thestudents a crash course on how herepi-pen worked. While one helped herremain conscious, the other oneflagged down a passing motorist to call911.

District Wants More Students on theYellow BusWhile Minnesota school districts haveused all sorts of ploys to get studentsoff the school bus, Boise, Idaho schooldistricts have used hamburgers in anattempt to boost ridership. Schooladministrators maintained that theywere merely trying to get eligible chil-dren on the buses by showing theadvantages of riding. Not so, claimedthe chairman of the Joint Finance-Appropriations Committee. He calledthe district’s tactic “a cynical and fraud-ulent attempt to ‘game the system,’”and asked the State Board of Educa-tion to put a stop to it. The district saidneeded to raise its ridership fromabout 6,200 to about 8,100 per day tokeep from losing money because ofchanges the legislature made last win-ter in order to prevent losing roughly$1 million in state support.

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In This Issue:Driver Attitudes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10From the President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2Headstart Change . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6Legislative Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3News and Views . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

22000044 CCaalleennddaarr ooff EEvveennttssMSBOA/MAPT/MSBMA

Annual Joint ConferenceMarch 19-20, 2004

St. Cloud Civic CenterSt. Cloud, MN

MSBOASummer Conference

June 13-15, 2004Breezy Point Conference Center

Driver Attitudes from Page 10.

11. Be a part of the team. a. Get involved with bus lot activities b. Join with other drivers to solve problems c. Participate at safety meetings

• Ask questions if you are unsure about something. • Believe in your ability to do a good job. • You know how you do a pre-trip inspection of your vehicle? • Do a “personal” pre-trip inspection as well:

-Have you left your personal problems at home? -Are you mentally and physically alert? -Are you ready to greet the job and the students with a smile and an even temperament? -If you are running late, have you taken a few minutes to relax?

Are you ready to be a safe driver????

Volume 34 Issue 3March 2004

In 2003, the National Association of State Directors of Pupil Transportation Services (NASDPTS)requested some clarification with regard to the issue of lap belts versus lap/shoulder belts fromthe National Highway Traffic Safety Administration (NHTSA).

NHTSA has recently responded. The first point NHTSA make is for all school transportationpolicy makers to be aware of the National Academy of Sciences Special Report No. 269,“The Relative Risks of School Transportation: A National Perspective and Guidance forLocal Community Risk Assessment.” The report is available from the National AcademiesPress at http://books.nap.edu/catalog/10409.html

NASDPTS asked NHTSA if its past letters and public statement regarding the installation of lapbelts in new large school buses are still appropriate. NHTSA stated that they believe they areand expressly pointed out that according to their research in severe frontal crashes lap belts donot provide additional safety protection beyond what is afforded by compartmentalization andthat in certain situations could increase neck and abdominal injuries.

NHTSA did not make any specific recommendations to states who currently require lap belts.They are developing requirements for voluntarily installed lap/shoulder belts in large schoolbuses, but admit that it will be some time before they will be able to issue such a proposal.

NHTSA’s comments toward any state that is considering legislation requiring lap belts in all newlarge school buses was cautionary at best. In fact, they reiterated their earlier cautions regardingincreases in neck and abdominal injury. NHTSA also stated that such legislation has the potentialof putting children at greater risk if it causes them to seek alternative transportation to and fromschool. NHTSA reminds readers that lap belts required in light passenger vehicles are primarily tocontrol occupant crash forces and prevent ejection, whereas ejections are a rarity in school buscrashes and crash forces are much lower.

NHTSA Clarifies Lap Belt Issue

Have you registered for the Annual MSBOA/MAPT Joint Conference?

March 19-20, 2004St. Cloud, MN

Registration forms are inside or on the web: www.msboa.com

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20042004










320.594.8228







KURT SCHUMANN, MINNEAPOLIS763-533-0313/FAX 362.9470














FROM THE PRESIDENT


DELANO, MINNESOTA

March - this is the month when we try to do safety training. This year, we are havinga Luau Party for our drivers to keep up morale and release some of the winter blues.

I have had a few people contact me after last month’s “News and Views” regarding dri-vers training. Here are some ideas and things our company has done:

Car seat safety training. The training is done by our local police department and isoffered to bus drivers, teachers, and para-professionals at the schools. This trainingrecently saved the life of one of our teacher’s children.

Drug and alcohol training. Again, we have our local police department talk to usregarding the use, and identification of drugs, along with the symptoms to look for indrug abuse.

The Minnesota Highway Safety Center in St. Cloud offers a course for school bus dri-vers. The course includes both classroom and behind the wheel training. We heardlast month about “Smart Driving and Accident Avoidance” offered by the state patroland put on by Capt. Ken Urquhart and his partner Sergeant Ed Carroll.

Don’t forget to get your registrations in for the upcoming conference on March 19-20,2004. Take the time to nominate a Transportation Specialist and get your Joe BeatonScholarship forms to your employees.

Just one more thing: The NSTA Convention will be held in Minneapolis on July 11-14,2004. NSTA is celebrating their 40th Anniversary. The convention is being held in Min-neapolis because NSTA’s origin is in Minneapolis. Watch for upcoming information onthis exciting event!

Have a great month and see you in St. Cloud!

Julie Bernick

End of February, the days are warmer and things are beginning to heat up at the State Capitol! Interms of student transportation issues, MSBOA will be attempting to pass H. F. 1620/S. F. 1550, a billthat was introduced late last session. The bill would permit school buses and Head Start buses to beinspected by certified inspectors instead of the current system of annual state inspection. Withamendments that we will offer in committee, school bus inspection could be done using a company'sown certificated inspector, use a third party for the inspection, or continue to use the current stateinspection program. This will allow the industry to try the new certification inspection program withoutputting any company in an unfair competitive situation.

We are working with Captain Ken Urquhart, head of the Commercial Division of the State Patrol, on this issue and bill. Rep-resentative Randy Demmer, a Republican from Hayfield, is our chief author in the House and Senator Steve Dille, a Repub-lican from Dassel, is our Senate author. We expect hearings soon!

The Minnesota Association of Pupil Transportation has introduced legislation to deal with the Carpenter School Bus with roofdefects problem. The bill is HF 2037, authored by Representative Doug Fuller, Republican from Bemidji, and SF 2006,authored by Senator Jim Metzen, Democrat from South St. Paul. The bill includes a local levy option to help school districtsfaced with the cost of replacement of Carpenter Bus Company buses

According to industry information, there are 115 Carpenter Buses with roof defects in 38 districts. The West St. Paul-Men-dota Heights School District has 13 Carpenter buses, Bemidji School District has 12 buses, and Edina, East Grand Forks,and Wadena-Deer Creek each have six of these buses types. The rest of the buses are located across the state in districtshaving one to five buses. The bill would allow districts with Carpenter school buses to levy under their health and safety pro-gram revenues between 2005 and 2009 to replace these buses.

MAPT was also is introducing legislation that would prohibit advertising on the exterior of school business but allowing adver-tising inside school buses and allow the newly-marketed multi-functional school activity bus to be used for field trip or ath-letic trip transportation.

If you would like to serve on the Legislative Committee or have questions or concernsabout our legislation or any other bills that your hear or read about, contact Kurt Schu-mann of Laidlaw Education Services and MSBOA's Legislative Committee Chair at 763-533-0313 or email him at [email protected].


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MINNESOTA COMPANY

Voicemail TipsAlways assume you will get voicemail every time you make a phone call.That way even if someone picks up - you’ll be ready to deliver a brief, clearand detailed message. Such clarity will prevent confusion - and increaseyour odds of getting what you need.

Want a faster response on callbacks? Encourage people to return phonecalls faster by leaving effective voicemail messages. Experts suggestmaking yours better by:

• Keeping your messages between 40 and 50 seconds. Too short and the message may seem unimportant. Too long and you may irritate the other party.

• Pretend you’re writing you phone number in the air as yourecite it. Most callers speak way too fast, which forces therecipient to replay the message until they understand.

• Speak louder than normal, enunciating as you speak. Yourrecipient may retrieve your message in a noisy place without having to listen to it twice.

Upcoming ConferenceBY SHARI DANZEISEN

MARMARCH 19-20,CH 19-20, 2004 ST2004 ST.. CLCLOUD CIVIC CENTER,OUD CIVIC CENTER, STST.. CLCLOUDOUD,, MNMN

The Annual MSBOA/MAPT Conference has traditionally been a meeting where bus operators, transportation directors, andmechanics gather together to share knowledge with their peers in the school bus industry . This year is no exception! Actu-ally, the MSBOA and MAPT combined their conference planning committees last October and have been working ever sinceto organize an even greater conference than in years past!!!

An important change this year is: MSBOA and MAPT are arranging the Mechanics Seminar. The Metro School BusMechanics Association (MSBMA) declined to be a part of our conference this year. Our bus body vendors are generouslysponsoring a full-day seminar for mechanics on Saturday, March 19, 2004. Top-ics will include: Multiplex Wiring, IC Corp. 365 Engine, and Diagnostic TroubleShooting. Mechanics wishing to attend the one day seminar are encour-aged to register through MSBOA on the same form as operator/contractorattendees.

Get ready to learn! The topics for the general membership include:

•DPS Updates and Information: Any changes in state laws for school buses.Presented by Captain Ken Urquhart, MN DPS.

•Proposed Self-Inspection of Buses: The state is working on having companiesand school district perform their own vehicle inspections - are you prepared forthis task?

•Highway Passenger Security for the School Bus: Presented by Captain KenUrquhart, MN DPS, and Dan Drexler, MN DOT-FMCSA.

•Transporting Students with Chemical Dependency or Mental Health Issues: Presented by Carol Hokenson, Minnesota Department of Education.

•Transportation Industry Legislative Issues: Presented by MN Speaker of theHouse, Steve Sviggum.

MSBOA and MAPT pulled out all the stops this year and have scheduledseveral great speakers including: State House Speaker, Steve Sviggum;MN DPS, Captain Ken Urquhart; US DOT FMCSA MN Director, DanDrexler; U of M Football Coach, Glen Mason; and the committee is workingon securing Jeff Passolt from FOX 9 News. Don’t forget: We still offer thegreat trade show sponsored by our vendors on the evening of Friday,March 19, 2004.

Ed. Note: There have been some small changes to the luncheon speakersin the past month. Glen Mason will be speaking at the Saturday luncheoninstead of Friday. Governor Pawlenty has declined to speak. Friday’sspeaker is still “To Be Announced”.

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There are a finite number of ways tocommunicate with legislatures - eachwith advantages and disadvantages.Here are the most common forms ofcommunication, ranked from mostdesirable to least.

1. Personal visits with legislators intheir districts. Personal visits arealways best when time allows. Bestcarried out prior to legislative sessions,these meetings allow you to visit withyour legislators in a relaxed settingand might include a visit by the legisla-tor to your business or association. Atthese meetings, it is a good idea topresent legislators with positionpapers covering your major concerns,including the results of research, sur-veys and other supporting information.Include your name as a contact for fur-ther information.

2. Legislative district meetings.Most legislators have regular publicmeetings with constituents in their dis-tricts. Local newspapers usually carrynotices of times and locations of suchmeetings. They can be very effectiveopportunities for you. Arrive early (youmay be alone with your legislators fora while), and bring copies of your posi-tion papers. Make your points, thenmove out of the way and let otherstalk.

3. Personal visits in St. Paul.Capitol visits with legislators can bevery effective, but please realize theextreme time pressures your legisla-

tors are under. Unless you are a closefriend, forget having a meal with a leg-islator. Call ahead for an appoint-ment. Don’t be shocked to find thatlegislators have had meetngs added totheir schedules and might be late. Beprepared for them to invite others toattend your meeting: Staff members,other constituents or legislators, etc.Plan to make a two-to-three minutepresentation supported by a detailedposition paper, then respond to legisla-tors’ questions.

Many trade and professional associa-tions sponsor Capitol visits. Theseevents can be very effective opportuni-ties for you to meet and communicatewith key legislators. You should makeevery effort to attend such events andto support the organizations that areworking for you.

4. Personal phone calls and faxes.The effectiveness of phone calls andfaxes is in direct proportion to your leg-islator’s familiarity with you and yourissues. If you have done your home-work in advance with personal meet-ings and position papers, yourchances of success are greater thanthey will be if your legislators don’tknow you.

5. Mailed letters.Again, if your legislators know you andyour issues, brief letters with positionpapers are effective. Even if they don’tknow you, they’ll read your letter if youare a constituent. Generally, you are

wasting time sending personal lettersto other legislators unless you have aspecific relationship with them or ifthey are on a committee that is dealingwith one of your issues. Include adetailed position paper.

6. E-mail.All legislators have the capability toreceive email messages, but suchdevices rank far down on the effective-ness scale. The reason is simple: leg-islators receive so much email from allover the world that they simply do nothave the time to scan them all for amessage from you. Put yourself intheir place and imagine being put indatabases from coast to coast.

7. Mailed PostcardsUnquestionably at the bottom of theeffectiveness list, bulk-mailed postcards have about the same impact aspersonal threats. Never use them.

Tips for Citizen LobbyingHOW TO PERSUADE YOUR LEGISLATOR EFFECTIVELY FROM THE MFDA BULLETIN

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Our company has been in operation in Annandale for more than 30 years. There has been an unbelievable amount ofchanges in this industry since we have been involved.

Thirty years ago the buses were orange. That is probably the most notable/visible change. I am sure, you have customersthat will still tell you that buses are "Orange" instead of yellow. Soon after the color change, the eight light system was intro-duced. The rear door of the bus has had a variety of word changes also. Many parents who have kindergarten students orpre-school students starting to ride the bus, comment to us frequently on how much buses have changed since when theyrode buses themselves as children.

Thirty years ago when our company tried to conduct a driver-in-service, we really had to scramble. Material was limited andoutside speakers were very hard to find. If you remember, a school bus license could be attained using a car during thebehind-the-wheel portion of the test rather than an actual bus. Third-party testing, mandatory training, MVR's, drug/alcoholtesting files, driver ride-alongs, certification of school bus driver competencies, etc. have altered the driver portfolio consid-erably.

Many hours were spent typing up school bus routes with a manual typewriter on carbon paper only to have to re-type themevery time a new family moved into the district. Today computer programs can route and re-route with the click of a button.However, problems still do occur. The media keeps us informed about the occasional student left on the bus sleeping, stu-dents dropped at the wrong bus stop, students being beat up while riding the bus to school, and any other unfortunate inci-dents.

Record keeping requirements were much more limited in 1973-74. Accounting and payroll records and the ever presentinsurance policies needed to be maintained, but that was about it. Today we have COBRA, HIPPA, CDL, IEP, ADD, ADHD,Work Place Violence Policies, Sexual Harassment Policies, Discrimination Policies, MVR, plus a few more that I am sure Iam forgetting. There never seems to be enough storage space for all of these filing requirements, and there seems to bemore and more requirements added each year!

Now with the increased qualifying factors, we have to deal with declining enrollments. This was not heard of thirty years ago.Families were growing and more students needed to be transported. Today, the statistic floating around is that it takes tenhomes to produce one student.

So what is the bottom line? Well, we can all be proud that we provide the safest formof transportation in the world. One thing has always remained constant; We must relyon the people who sit in the driver's seat to do a good job with a perfect driving and safe-ty record while displaying a great attitude. We all have those people in our businesseshelping you succeed in this industry.

Everyone likes a pat on the back once in a while. How about nominating your mostvaluable employee for the Transportation Specialist Award in 2004? The applicationblank is included in this MSBOA newsletter. It may be take a little time to fill out theapplication and gather letters of recommendation. But isn’t it worth a little of your time-for the people who have helped you be successfu? Let them have a chance to take abow for all their hard work!

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News and Views

TRANSPEC AD.

Thirty Years of Busing ProgressionSubmitted by Roger Millner, M & M Bus Service, Inc., Annandale MN

2004 NSTA MIDWINTER MEETING UPDATEBy Charles Peterson Jr., Kottkes’ Bus Service, Inc. Andover, MN

The National School Transportation Association met January 26-28, 2004 in Costa Rica at the Lo Suenos Marriot Golf andOcean Resort. The traditional golf tournament was held on Sunday, with the members getting together that evening for areception.

Monday morning the delegates heard presentations from various board members and participants. Dale Krapf, NSTA Presi-dent, and Jeff Kulick, Executive Director opened the presentations. The Chair of the Strategic Planning Committee led a well-received presentation of the plan. Becky Weber and Robin Leeds offered legislative and regulatory updates. The delegatesheard about new developments from Thomas Built Buses and IC from their respective representatives.

Tuesday was comprised of the various committee meetings where a wide range of policies and concerns were addressed.The charters of each committee was reviewed and suggestions made as to which policies should be included in the NSTAcomprehensive policy and determining how the work of the various committees fits with the over all plan.

The following morning was comprised of a board meeting with committee chairs reporting on their committee activity. Themajor focus was on four areas in particular: integrating the Strategic Plan into all deliberations, by developing for implemen-tation; developing “grass roots” systems to broaden input; coordinating the work of the various committees; and finally usingthe website for expanding member communications.

The 40th Convention and Annual meeting will be held in Minneapolis this summer, July 11th and coordinating with the SchoolBus Driver International Safety Competition, July 10th. NSTA will be held at the Minneapolis Hilton. Anyone with companyhistories to share will be showcased in an industry display at this event. We are also considering a major history of the indus-try as a whole. Please contact the NSTA office directly at 703-684-3200 or myself if you are interested in contributing.

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FM 2-WAY RADIOS






Happy St. Patrick’s Day!

Chairperson Frank Zeman called the meeting to order at 9:50AM. Introductions were made. Steve Reischauer welcomedeveryone to Rosemount.

Department of Education - Bob FischerThere are few new bills being introduced that affect student transportation.

1. HF 2037, SF 2006 is a bonding bill for the Carpenter buses with the roof problems. This is a 7.8 million dollar cost over 5 years.

2. HF 2114 has to do with the color of the school safety patrol flags.3. HF 2158 has to do with school zone speed limits.4. SF 2043 attempts to clean up the language pertaining to school bus safety training.

Bob passed out some information he received from Dick Fischer about a NHTSA advisory to people pertaining to the reuseof child safety seats that have been involved in a minor crash. The information tells what to look for. You can access thisinformation at www.nhtsa.dot.gov.

The separate chassis information for buses should be on the state web site by theend of the week. If anyone has any questions they can call Denny Coughlin in Mpls.

The State is proposing changes in statutes to bring us up to the 2000 standards. Thecurrent ones refer to 1995 standards.

Law compliance - Duane BartelsDuane was unable to attend but sent information about Minnesota Statute 171.18Sub. 1. This pertains to the potential of a driver having their license suspended afteran accident with the school bus. There were several questions about this. Emily willsee if Jim Connolly can explain at our next meeting what the criteria is and if it is con-sistent for everyone.

TTT- Ray Kroll Dates for 2004 are July 13-16 in St. Cloud. The committee met last month and Raypresented a timeline for TTT. He hopes to have a preliminary schedule by the jointconference in March. Cal Lemon will be one of the presenters for both groups. Bothgroups also will be using the traffic range for course training on July 13 & 15.

Poster Contest - Mike Kemp is no longer employed in New Prague but will finish hisresponsibilities as poster contest chair. The information has been distributed. Thetheme is 'Flashing Red Means Stop Ahead'. The deadline is April 9. Judging will beat our April meeting, which will be held in Eden Prairie.

Rodeo - Next years date will be June 5, 2004. The committee will meet on Feb. 24that the St. Paul bus garage at 10 AM. If anyone is interested in being on this commit-tee come to the meeting. A new chair will be elected at this meeting. A site also needsto be secured. The 2004 International Road-eo will be July 10-11 in the Twin Cities.

Certified Trainers - The committee is checking to see what interest there is in thecontinuation of this program and will make a recommendation at a later time.

By-law Committee - Tom Meyer will send out a final draft of the proposed by-lawsbefore the next meeting. We will approve it at the March meeting.


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Leasing & Financing




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NSNSTTA Extends Clean ScA Extends Clean SchoolhoolBus Grants ProgramBus Grants ProgramNSTA and EPA have jointly decided to extend the deadline for application for NSTA’s Clean School Bus subgrant programand simplify the application process.

Applicants can meet the preliminary deadline of March 31 by submitting only a narrative work plan and detailed budget.NSTA will conduct a review of the preliminary applications and notify those members who are selected for further evaluation.At that time, applicants will submit the required federal forms in order to go to the next level.

For more help you can contact NSTA at 703-684-3200 or check out their website www.yellowbuses.org.

Only NSTA members in partnership with their school district customers are eligible for the grants. You may join NSTA in orderto become eligible for the grant.

SafSafe Re Routes to Scoutes to School hool FFunding Punding Passes Uasses U.S. Senate.S. SenateThe Senate approved legislation on February 12th to fund transportation projects throughout the country, including initiativesto promote physical activity. Included in the bill is $420 million for the Safe Routes to School program, a program designedto promote walking and biking to school.

Physical inactivity remains a significant risk factor for heart disease, stroke, obesity, and other chronic diseases. Creatingopportunities to be physically active in our transportation infrastructure (e.g., sidewalks and bike paths) is one way we canhelp prevent cardiovascular disease.

Other programs in the bill are designed to "enhance" existing road projects with bike paths, sidewalks, and other means tocreate safe, convenient and effective ways to be physically active. The overall bill authorizes $318 billion over six years forsurface transportation projects. A similar bill, which is awaiting action in the House, would provide $1.5 billion for Safe Routesto School.

Office gossip can be one of the most powerful and destruc-tive forces in any workplace. How can you effectively stepin to reduce the harmful effects of gossip? Refuse to con-tribute to hearsay by trying these tactics:

Respond in a skeptical manner with statements such as, “I’dhave to see that to believe it.” or “Someone must be pullingyour leg.”

Gently remind gossipers of others’ feelings - it may causethem to think twice about what they’re saying. For instance,you can say, “I would certainly hate for someone to be say-

ing that sort of thing about me” in a manner that conveysgenuine concern for the subject of gossip rather than judg-ing the gossiper.

Use strong language to deter persistent gossipers. Try say-ing, “I would rather have Jane tell me such personal detailsherself if she wanted me to know them.”

Try not to sound preachy or superior, or you will make ene-mies. But it is completely in your power to remind othersthat gossip can hurt or destroy lives and careers, and shouldnot be considered an innocent pastime.

Dealing with Office GossipFrom The New York Public Library Business Desk Reference

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Security Around the School Bus - The group is reviewing the information they have so far including some documents. DennyCoughlin has made contact with Stefon Salmonson to possibly assist with this group. Stefon is an expert on police trainingand if his schedule permits seemed interested. They will meet again next week Feb. 27 at 9:30 in Champlain. If interestedcontact Deb Bradish.

MAPT - Ray Kroll mentioned the joint conference in March in St. Cloud.

New Business: Ray Kroll presented a new acronym he came up with ONCES. Observation, Notification, Communication forchange, Education, Safety. Ray gave a short presentation on this.

Meeting was adjourned at 11:30MRespectfully Submitted, Emily White

Meeting Schedule and location. Meetings are scheduled the 3rd Wed. of each month.Upcoming meetings:March 17- South Washington County SchoolsApril 21- Eden PrairieMay 19- First StudentJune - Open

Minnesota School Bus Safety Committee continued from page 9.

NTSB Rules on 2001 Nebraska AccidentOn October 13, 2001, a school bus met a motor coach in a work zone near Omaha, Nebraska. No collision occurredbetween the coach and the school bus, but the school bus departed the roadway to the right and struck a barrier on theapproach to the bridge. The bus veered left momentarily and then back through the barrier and rode up the bridge’s side-wall and rolled 270 degrees as it fell about 49 feet into a shallow creek below the bridge where it came to rest on its left side.Three students and one adult sustained fatal injuries.

The National Transportation Safety Board determined that the probable cause of this accident was the failure of the Nebras-ka Department of Roads to recognize and correct the hazardous condition in the work zone. Contributing to the accidentwas the bus driver’s inability to maintain the bus within the lane due to the perceived or actual threat of a frontal collisionwith the motorcoach and the driver’s unfamiliarity with the accident vehicle. The portion of the roadway in which the accidentoccurred required relatively “perfect” performance, especially by drivers of large, commercial vehicles. It was not deter-mined if the driver of the motorcoach crossed the centerline, or if the geometry of the roadway created a visual phenome-non that caused it to appear so. The failure of the barrier system also contributed to the severity of the accident.

Recommendations were made to the Federal Highway Administration and the Nebraska Department of Roads regardingwork zone safety and management, including better maintenance of barrier systems.

Recommendations were made to the Omaha Fire Department to provide emergency responders with school bus extricationtraining.

It is also important to note that that the school district had not conducted emergency evacuation drills and demonstrationsfor all students. A recommendation was made to the National Association of State Directors of Pupil Transportation Servicesrequiring pre-trip briefings before school-related activity trips on school buses or school-chartered buses to include trainingall students regarding the location and use of emergency exits.

Some of the emergency signage was not visible due to the installation of overhead luggage racks and a recommendationwas made to Thomas Built Buses to ensure this.

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In This Issue:From the President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2Legislative Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3News and Views . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7NSTA Mid-Winter Meeting Update . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8Tips for Citizen Lobbying . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

22000044 CCaalleennddaarr ooff EEvveennttssMSBOA/MAPT/MSBMAAnnual Joint Conference

March 19-20, 2004St. Cloud Civic Center

St. Cloud, MN



NSTA 40th Anniversary Convention

July 11-14, 2004Minneapolis, MN

Train-the-Trainer SeminarsJuly 13-16, 2004

Holiday InnSt. Cloud, MN

Contact Ray Kroll: 763-391-6656

Watch the April Issue of

“The Operator”for news on the upcoming

Summer Conference!

Volume 34 Issue 4April 2004

“Terrorist issues will be a part of our daily lives now and forever.” With those chillingwords, Dan Drexler set the stage for the seminar on “Security on the School Bus” at theWinter Conference. Drexler, of the Federal Motor Carrier Safety Administration and Cap-tain Ken Urquhart, MN State Patrol, gave innumerable ways to secure your operation inthis day and age.

They outlined specific training to give drivers to help them be better witnesses in theevent something occurs while they are driving. They discussed detailed items to look forwhile on the pre-trip inspection that might indicate someone was tampering or disturbingthe bus or equipment. They also suggested looking at the local school district’s writtenpolicy for security issues to see if anything can be added to your own.

One of the simplest measures was to require uniforms or some sort of identification foryour employees. Outsiders should be able to outwardly identify your driver as someonefrom your company and know that he/she is in charge. Internal security issues are ofequal importance. Who exactly is that person in charge? How well do you know yourdrivers? Your company should have standard hiring procedures in place.

Drexler informed the crowd that methamphetamine orcrystal meth is fast becoming the drug of choice for

illicit drug users. Since it is a stimulant, it appeals to many individuals so they can stayup without feeling tired. Because it is out of the user’s system within 48 hours, he statedthat many operators/managers are still giving too much notice to drivers that they will bedrug tested. In addition, meth users seem to fit a profile where they are more prone to doother things for money. Whether that might be stealing from their employer to givingfriends access to steal or commit other crimes. An employee that is desperate is a greatsecurity risk. Urquhart stated that since the materials needed to make meth are legal,many users are lax about covering up their habit. He said a walk around the parking lotcan help you discover a lot about your employees. People tend to think of their car as pri-vate/secure location and will often leave drug paraphernalia or alcohol containers in plainsight. They both urged that supervisor training is one of your best defenses in spottingsuspicious behaviors, however only 1 in 5 companies currently train their supervisors inrecognizing drug and/or alcohol abuse.

Drexler and Urquhart stated that 99.9% of school bus drivers are honest, hard-workingemployees who don’t do drugs or drink between routes, but that doesn’t mean you should-n’t be on the look out for that one that you may have the misfortune of hiring. They endedtheir presentation with a few questions as well as a list on where to go to get more infor-mation on the topic of security.

Winter Conference Seminar AddressesCurrent Hot Topic BY SHELLY JONAS

Capt. Ken Urquhart, MN Dir.School Trans., MNDPS

Dan Drexler, MN DirectorFMSCA, USDOT

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FROM THE PRESIDENT


DELANO, MINNESOTA

Returning from our great winter conference in St. Cloud, I was thinking of all the excit-ing activities that are coming up for our association in the next few months.

Have you sent in your application for the Transportation Specialist Awards yet? Theyare due in May!

We also have $1000.00 designated to go to a worthy student in Minnesota for the JoeBeaton Memorial Scholarship. Applications are due April 15th.

We are in the midst of planning a spectacular summer conference. Our conferencewill be held at Breezy Point this summer. Along with a new location, we are planningsome different activities for members.

First of all, we have planned a very comprehensive seminar on regulations for yourcompany. Topics to be covered are: Driver qualification files, pre-employmentrecords, employee files, hours of service as it pertains to school bus drivers, drug andalcohol testing, business continuation plans, and employee termination.

Instead of the traditional barbeque, we will be having a Hawaiian Luau complete witha hog roast on the beach with fun activies for members of all ages! An agenda as wellas registration forms for Breezy Point and MSBOA are included in this newsletter.

In July, Minnesota is hosting the NSTA Summer Convention and National Safe DrivingCompetition. It is NSTA’s 40th Anniversary. NSTA has told us that Minnesota is a fit-ting site for the anniversary because the association was started in Minnesota by manyof MSBOA’s founding members. MSBOA will be helping sponsor the convention. Ifyou have never attended a NSTA Convention seriously consider attending this one -you don’t have to travel far - and it is a great experience attending a national conven-tion!

March is near an end! The winter is over and warmer days are upon us!

At the State Capitol, things are heating up as both the House and Senate reach and go beyond thereself-imposed deadlines. With a short break for Easter, the Legislature will kick in up a notch in aneffort to get their work finished by around May 1.

In terms of student transportation issues, MSBOA is continuing to work for the passage of HF 1620and SF 1550. This legislation would permit school buses and Head Start buses to be inspected bycertified inspectors instead of the current system of annual state inspection. School bus inspection ofyour fleet could be done using our own company's "certificated" inspector, use a third party for the inspection, or continueto use the state inspection program. This will allow the industry to try the new certification inspection program without puttingany company in an unfair competitive situation.

HF 1620 has had two hearings in the House and is expected to be included in the House Education Finance Bill which isstill being put together. The House bill is authored by Rep. Randy Demmer, R-Hayfield. Testifiers have included MSBOA'sKurt Schumann, Dave Peterson of MAPT, and Captain Ken Urquhart, head of the Commercial Division of the State Patrol.According to Captain Urquhart, the State Patrol inspects 13,000 school buses annually.

Through self-inspection by certified inspectors trained and certified by the state, the Patrol would be able to spend more timeon bus driver concerns, as well as, more unannounced spot checks of buses around the state. There have been some goodquestions raised about liability, inspecting one's own buses, and other issues, but the bill continues to get strong supportwith minor amendments. The Minnesota School Boards Association testified in favor of the bill in the House EducationFinance Committee.

SF 1620 is authored by Senator Steve Dille, R-Dassel. We are scheduled for our first hearing in the Senate EducationFinance Division the last week of March. If successful there, we would hope to be added to the Senate Education BudgetBill.

Other student transportation legislation that MSBOA is following includes MAPT's effortto provide for replacement levy for the specific districts that need to deal with the car-penter school bus roof defects problem. There are 115 carpenter buses in 38 school dis-tricts that need to be replaced. The legislation would allow districts with these buses tolevy under their health and safety program revenues between 2005 and 2009 to replacethem.


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Mutual FundsIRA’s




JOINJOIN

MSBOATODAYTODAY

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Call


MINNESOTA COMPANY

Zeigler Ad

2004 Winter ConferenceSt. Cloud Civic Center

What a Blast!!!

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Everyone enjoyedthe largest schoolbus trade show in

the state!

Comedy Sportzentertained our

group during theFriday luncheon.

Great Food,

Great Company!

Many buseswere on

display formembers to

see and learnabout.

Minnesota School Bus Operators AssociationBoard of Directors Meeting...March 19, 2004 • St. Cloud, MN

President Julie Bernick called the meeting to order at 8:37 a.m.

Lyle Hicks made a motion to accept the minutes from the previous meeting. Greg Nord seconded. Motion carried.

Kurt Schumann stated that there had not been a lot of activity down at the Capitol. He said that there had been some oppo-sition to Captain Ken Urquardt’s plan for self-inspections in committee, but that it did move out of committee. The legislativecommittee would be sitting down with some individuals. Schumann feels that there may be more opposition ahead as thereis a tendency for legislators not to fix things that aren’t broke. MAPT has a legislative item requiring Minnesota to adopt the2000 National Standards.

Bernick stated she received contract with Rinke Noonan. They didn’t use up the initial amount in 2003, so they would trans-fer the balance to be used in 2004. Bernick stated she hadn’t heard any negative comments regarding their services. DickPlahn made a motion for Bernick to go ahead and sign the contract. Tom Hey seconded. Motion carried.

Roger presented the 2003 Treasurer’s Report. There was a suggestion to send First Student a letter regarding the duesstructure. Tom Hey made a motion to approve the treasurer’s report. Greg Nord seconded. Motion carried.

Doug Grism discussed the changes that had occurred with the Winter Conference Agenda. There were many last minutechanges, but in the end everything was covered.

The agenda for the Summer Conference was passed out. There were some changes from previous years.

Chuck Peterson discussed the NSTA conference. They will be needing help with Judges and supplying transportation aroundtown. They also want someone to run the registration table and to provide a gift.They have been contacted for help with decorations as well in an amount of between$2000 and $3000. There were a couple of recommendations as to how to distributeany money. Mike Moran stated that Minnesota spawned the National organizationand that we need to step up. Roger Millner made a motion to cap all spending onthe NSTA Conference (including the Road-e-o, decorations, registration gifts) at$6000. Dick Plahn seconded. Motion carried.

Dick Plahn made a motion to ask MAPT to help fund the National Road-e-o at a costof $2000. Jon Goetz seconded. Motion carried.

Chuck Peterson volunteered to look into soliciting new associate members.

Dick Plahn made a motion to adjorn the meeting. Doug Grisim seconded. Motioncarried.

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Glen MasonAddressesMSBOA/MAPTLuncheon Shelly Jonas

Gopher Football Coach Glen Mason addressed a crowd of 200 at the St. Cloud Convention Center onSaturday, March 20. Mason said he wondered what he could possibly say to a group of school trans-portation professionals. He joked that he would have to stick to what he knew that, of course, beingfootball. Nevertheless, even with his self-proclaimed limit on topics, his speech was humorous and pep-pered with several significant themes that the attendees could apply to their own daily lives and careers.

Through his own trials and tribulations over the years, he was able to discuss lessons he learned regard-ing perseverance, communication, attitude, and leadership. He told a story about how he took on a los-ing program where the kids didn’t think they were all that good. Their only goal for the year was to beata rival team. The team wasn’t expected to win any games that year, but surprisingly ended up in a play-off situation. Mason told them to sit back and wait for the other team to make a mistake, and they wouldcapitalize on it. The team lost. He ended up apologizing to the team. He said he learned that day thatif you want something you have to go for it 100%. Nothing comes to those who sit back and wait for it.

Another anecdote he imparted was from when he was an assistant coach. The coaches were all gath-ered looking at tapes of a recent game and the head coach asked him to go over something with oneof the players. Mason replied he already covered it five hundred times. His boss stopped everythingwhen he heard the excuse. He stated that this particular player came from a family of intellectuals andRhode Scholars so either Mason was a terrible teacher or he needed to cover it 501 times, or 1000 timesor whatever it took. Mason learned that day that justifications will notearn you respect. You cannot blame others when you fail at your ownduties.

A New Jersey native, Mason earned a B.A. degree in Education from theOhio State University and his M.S. degree in Education from Ball StateUniversity. He was also a letter winner on the OSU Buckeyes’ 1970 BigTen championship team. Coach Mason was previously head footballcoach at Kent State University and the University of Kansas before beingnamed as the University of Minnesota head coach in December 1996.Mason has taken the Gophers to bowl games in four of the past five sea-sons.

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TRANSPEC AD.

Glen Mason addressing conference attendees.

MSBOA is supporting MAPT's school bus technical corrections bill (HF 2561 and SF 2043). These bills would align Min-nesota's school bus standards with a more recent set of school bus standards adopted by the National Conference of SchoolTransportation. The old 1995 standards would be replaced by the 2000 version. The House version of the bill contains 18 sec-tions, but has removed the language that would allow advertising inside of school busesif authorized by the local school district. New language that remains in SF 2043 wouldchange the current law that allows the commis-sioner of Education to contract with advertisersand limits advertising to the interior of the bus.

As the House and Senate put together their Edu-cation Budget Bills, a number of policy type rid-ers can be expected to be added. MSBOA will beactively involved in representing the associationand industry as they come forward.

If you would like to serve on the Legislative Com-mittee or have questions or concerns about ourlegislation or any other bills that your hear orread about, contact Kurt Schumann of LaidlawEducation Services and MSBOA's LegislativeCommittee Chair at 763-533-0313 or email himat [email protected].

If you have any questions regarding the Legisla-ture or MSBOA legislative issues, feel free tocontact me directly at 651-293-9295 or email meat [email protected].

LeLegislagislatitivve Updae Update Continte Continued frued from Pom Paagge 3.e 3.

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FM 2-WAY RADIOS






Saturday, June 5that the Dakota County Technical College in Rosemount on Co. Rd. 42.

There will be events for both Forward Control andConventional divisions; individual as well as team events.

Applications will go out in the mail near May 1st. Past volunteerjudges will be notified at by mail also.

Contact Sherry Case, Road-E-O Chairperson, with questions or if you would like to volunteer.Phone: (651) 287-1845 or email: [email protected]

Minnesota School BusSafety Road-E-O

Chairperson Frank Zeman called the meeting to order at 9:45AM. Introductions were made. Keith Paulson So. WashingtonCounty Schools Transportation Director welcomed everyone to the district.

Department Reports: Department of Education - Bob Fischer:Bob passed out a list of bills being introduced this session in the House and Senate.There is some concern with some IC Type D buses 1991-2003, with a shield on the passenger side of the bus not beinganchored down properly. It is the barrier on the passenger side. Letters should be sent out on these.

Just a reminder that the MN Department of Education has a new web address. It is www.education.state.mn.us.Bob passed out copies of a commentary taken from STN magazine. The article talks about a proposed change in theomnibus transportation bill which would make the local transit agency the broker for all charter bus service, including allschool activity trips in the service area. This would make it almost impossible for the private sector to compete with the pub-lic.

The State may be facing additional lay-offs because of money. Another 8 positionscould possibly be cut.

DPS - Ken Urquhart:Ken has attended meetings about the possible bonding bill for those that own Car-penter buses.

Ken talked a little about the proposed self-inspection bill. The state would set upregional classes to train inspectors. The class would be an 8 hour class with a testat the end. After passing the exam, the person would have a 2-year certification.There would be no deadline for districts/contractors to do this. You can certify asmany people as you like.

Talked about the law requiring drivers to carry their driver’s license and how manypeople don't.

The number of school bus driver complaints are up in Ken's office this year. Whenthey receive a complaint they follow through with the carrier.

Many drivers are not doing a proper pre-trip inspection. May be a good idea toobserve.

Driver and Vehicle Services - Jim Connolly and Deb Carlson:When a person loses their privilege to drive the officer or court does NOT take thephysical card away from the person. You should always check their status to see if itis valid.

The new licenses from a new vendor that Jim previously told us about will not bestarting this spring but probably this fall sometime.

Deb Carlson told us that starting this week there is a new pre-trip form that will beused at exam stations. It is on the web site.

Deb also mentioned there is a new third-party tester's class April 12-16 with about 12people. Renewal classes will be June 25th in Rochester, July 9 in the Metro area andJuly 23rd in Brainerd. Third party testers must test at least 12 people per year or 24over 2 years.


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Leasing & Financing




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Law Compliance-Duane BartelsDuane spoke about the web site that most of us are checking driver's records on. The physical information on many is notcorrect. When a new physical is faxed or sent in the department records it but it doesn't show up on what we see. Therehave been endorsements cancelled because of the physical and this also doesn't show up. Jim Connolly stated that hisdepartment will straighten this out. We need to see what is the most current.

A reminder that if you send in a driver's physical form you can't require them to show you the entire form. All you can requireis the lower left hand corner where the doctor signs and gives expiration.

Duane mentioned a company with 1995 Int-Am Tran. buses with the side emergency doors that are cracking. More infor-mation will be given later but check these if you have them.

Committee ReportsTTT- Ray Kroll :Dates for 2004 are July 13-16 in St. Cloud. Ray presented a preliminary schedule for the training.Ray also mentioned that he is out of the cases for the DDS videos. They will be going to DVD after this group of tapes isgone.

Poster Contest - Mike Kemp: The deadline is April 9. Judging will be next month in Eden Prairie. Come early to judge the posters. Mike also mentionedthat a student from Anoka won 2nd place in the National Contest last year and will receive a $250 savings bond.

Rodeo - The date is June 5, 2004. Sherry Case will be the chair of this committee with Mark Vogel serving as an advisorthis year. It will be held at the Dakota County Technical College. The next meeting will be held April 6 at 10 AM at First Stu-dent on Brewster.

Certified Trainers - Deb Bradish reported that volunteers are needed for this program to continue.

By-law Committee - Tom Meyer sent out a draft to everyone. There was some discussion about a few of the items. Hope-fully we can vote next month on the final revision.

Security Around the School Bus - Deb Bradish reported they had met and are making progress. They are meeting againMarch 25 at 9:30 in Eden Prairie, April 11 in Mpls, April 21 in Eden Prairie after the next safety meeting. Denny Coughlin stat-ed that they don't think anyone else in the country is doing anything like this. They may need to find money to complete thisproject. Ken Urquhart said his people could possibly assist with this project.

MAPT - Ray Kroll mentioned the joint conference this weekend in St. Cloud. Ray will have a booth at the trade show.

New Business: Come early to next months meeting to judge the posters. Laurie Jonason also mentioned she has a new tor-nado awareness information sheet that she compiled from many other sources.

Meeting was adjourned at 11:55 AMRespectfully Submitted, Emily WhiteMeeting Schedule and location. Meetings are scheduled the 3rd Wed. of each month.Upcoming meetings:April 21- Eden PrairieMay 19- First StudentJune - Open

Minnesota School Bus Safety Committee Minutes....cont. from page 9.

11

Step 1: If you have not already done so, you must have a medical examination by a licensed physician at some point with-in the two years preceding the date of application to assure that you have no other disqualifying medical conditions. Thecomplete medical examination must include a review of all items listed in CFR 49, Sec. 391.41. A copy of the Federal Coderequirements are specified on the back of the medical examination form. Include a copy of the department’s School Bus Dri-ver Medical Examination and Physician’s Certificate with your waiver application.

Step 2: You must complete the School Bus Driver Medical Waiver Application.

Step 3: You must submit one of the following.1. A legible copy of both sides of your current commercial driver’s license.2. A legible copy of both sides of the license you last possessed to operate a commercial motor vehicle.3. A certification from the State licensing agency showing the type and effective date of the most recent license you have held.

Step 4: You must complete the Insulin-Dependent Diabetes Waiver Application.

Step 5: Your application for an insulin dependent diabetes waiver must contain a signed statement from a medical physicianlicensed under Minnesota Statutes, Chapter 147, indicating the following (This examination must have been conducted within sixweeks preceding the date of application for the waiver):1. The licensed physician is familiar with your medical history.2. You do not suffer from hypoglycemia unawareness.3. Within the last three years you have not had a hypoglycemic reaction that resulted in any change in mental or physical statusthat would preclude you from safely performing normal school bus operations.4. Your diabetic condition will not adversely impact on your ability to perform normal school bus operations safely.5. You have been educated on diabeters and its management, thoroughly informed on and understand the procedures to followto monitor and manage your diabetes, and what procedures to follow if complications arise.6. You have the ability and have demonstrated a willingness to properly monitor and manage your diabetes.

Step 6: You must submit a signed statement from an examining opthalmologist indicating you have been examined and donot have unstable proliferative diabetic retinopathy; and have stable distant visual acuity of at least 20/40 Snellen in each eye sep-arately, with or without corrective lenses.

This examination must have been conducted within six weeks preceding the date of application for the waiver.

Step 7: Your application for an insulin dependent diabetes waiver must contain a signed Maintenance Requirements state-ment. You must keep a signed copy for your records and supply each and every employer with a signed copy.

The application for a waiver if you are an insulin dependent diabetic must be accompanied by supporting documentation for stepstwo through seven listed above.

After the above steps have been completed, forward all of the completed application information for the insulin-dependent diabeteswaiver to the address shown on the reverse side of this page. The Department will review the information and make its decision.You will be notified by letter. If a waiver is issued, you must comply with its terms and conditions.

An application with incomplete documentation or information will be returned and may result in a waiver not being issued.

How Do I Obtain a Waiver for Insulin-DependentDiabetes to Drive a School Bus in Minnesota?

Ed. Note: The above outlines the steps in getting a waiver from Driver and Vehicle Services (DVS). If you havean employee requiring this process for licensure, please contact DVS at 651-529-5029. They will send you apacket with all of the proper applications and physicians forms for licensing your employee.

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In This Issue:Legislative Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3Minnesota School Bus Operators Board Meeting Minutes . . . . . . . . . . . . .6Minnesota School Bus Safety Committee Minutes . . . . . . . . . . . . . . . .9,10Obtaining a Waiver for Insulin-Dependent Drivers . . . . . . . . . . . . . . . . . .11Winter Conference Highlights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1,5,7

22000044 CCaalleennddaarr ooff EEvveennttssMSBOASummer Conference







Applications for Joe Beaton Scholarship due April 15th.

Transportation Specialist Award Applications Due May 15th.

Registration for MSBOA Summer Conferenceat Breezy Point.

TO DO LIST:

Volume 34 Issue 5May 2004

The 2004 MSBOA Summer Conference plans are finalized and it lookslike members should be ready for the best summer conference ever!After three years at Ruttger’s Sugar Lake Lodge in Grand Rapids, we aremoving our conference to Breezy Point. Breezy Point is very excited to behosting our group and have been highly involved in the planning stagesfor our event.

We have lined up some great conference topics and speakers. This summer weare featuring a comprehensive seminar on Monday morning about rules and regu-lations in our industry and your responsiblity as an operator to be in compliance.Sara Gardner, from Acordia Fleet Services, will be speaking about DOT & Depart-ment of Public Safety Compliance, Driver Qualification Files, Pre-EmploymentRecords, Employee Files, Hours of Service rules pertaining to Bus Drivers, and Drug &Alcohol Testing requirements. Gardner is an expert on these topics and Acordia Fleet Ser-vices offers consultation services to companies to take care of all their compliance issues fora monthly fee.

Many of our members own a company that may be handed down to their children when theyretire. It is never too early to look into business continuation plans. Barrett Colombo, fromRinke-Noonan Law Firm, will be speaking on business continuation plans and will also bespeaking about the proper avenues to take during an employee termination.

If you think that this conference sounds like hard work - Don’t worry! We still will be hav-ing our fun activities to help us unwind from a busy school year. Our annual golf tour-nament will be held on Sunday, June 13th at Noon. Following the golf tourament andaward ceremony, we will be having our first-ever Hawaiian Luau and hog roast on the beach.Please make sure to wear your Hawaiian shirts and other accessories! We will be having acontest for the wildest Hawaiian shirt. We are also going to be having our vendor show out-side that evening and it will be set up quite differently from years past - it should be veryenjoyable for all of our attendees! On Monday night we will have our annual TransportationSpecialists Award Banquet. We have revamped the schedule for Monday evening in anattempt to shorten the after dinner portion of our event. Don’t forget our annual Safety Raf-fle!

On Tuesday, we will have Board Member elections and our general business meetingfollowed by lunch before we have to say “Goodbye” to our MSBOA colleagues.

The MSBOA Summer Conference has everything a school bus operator in Minnesotacould want! There is important information for the smooth operation of your business,and fun events for you and your families to attend. If you haven’t registered for the MSBOA Summer Conference...WHAT ARE YOU WAITING FOR???

ARE YOU READY?ARE YOU READY?By Shari Danzeisen

A conference agenda is included on page 11 of this issue!

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FROM THE PRESIDENT


DELANO, MINNESOTA

Another school year almost finished.

Duane Bartles with the Minnesota State Patrol, Commercial Motor Vehicle Division,was here. In the course of our conversation we were talking about manuals. If youwould like the current manual on School Bus and Motor Coach Inspections you candownload it on the State Website. Here is the address. www.dps.state.mn.us -- Clickon State Patrol --- click on Commercial Vehicles--- Click on the School Bus. The statehas published new tests for driver evaluations you may be interested in using.

The Summer Conference will be here soon. Be sure to get your reservations in toBreezy Point and also MSBOA. It looks to be a great event, be sure to attend! At thesummer conference there will be five board positions open for election. If you are inter-ested in one of those positions or know of some one who would be a great board mem-ber please contact Jon Goetz, Chuck Peterson or Mike Clark.

Don't forget the dates of the NSTA Conference in Minneapolis this July and Train theTrainer.

I would like to thank the Committee from MSBOA and MAPT that put our Joint Con-ference together. We all are here to achieve the same goal the safe transportation ofthe Children of the State of Minnesota. Thank you guys you did a great job!!!!!

Have a Happy Mother’s Day and Memorial Day!!!

Julie Bernick

As April nears an end and May nears a beginning, we are beginning to see the end of the 2004 leg-islative session - at least the regular session! Needless to say, the plan to end by Easter came andwent! Now the plan is to get done by May 17.

The MSBOA supported legislation, contained in HF 1620 and SF 1550, which would permit schoolbuses and Head Start buses to be inspected by certified inspectors instead of the current system ofState Patrol inspection, is still alive. This legislation would provide three options to the way schoolbuses are inspected annually. You could inspect your fleet using your own company's "certificated"inspector(s), or you could use a third party certified inspector or company for the inspection, or youcould continue to use the state inspection program. This will allow the industry to try the new certification inspection programwithout putting any company in an unfair competitive situation. According to Captain Ken Urquhart, the State Patrol inspects13,000 school buses annually.

The House bill, authored by Rep. Randy Demmer, R-Hayfield, has been incorporated into the House K-12 Education Bill(HF 1793, Article 1; Section 27).

Through self-inspection by state certified inspectors, the State Patrol would be able to spend more time on bus driver con-cerns, as well as more unannounced spot checks of buses around the state. There has been healthy discussion concern-ing school district liability, inspecting one's own buses, and issues regarding more State Patrol officer time devoted to ran-dom inspect of buses and driver qualifications.

SF 1620, authored by Senator Steve Dille, R-Dassel, received a hearing in the Senate Education Finance Division, but wasnot included in the Senate K-12 Education Funding Bill. Both of these bills have passed the House and Senate and a con-ference committee will be needed to work out the differences. We are optimistic that the Senate will accept the House lan-guage on this portion of the bill and allow the self-inspection program to become law.

Other student transportation legislation that MSBOA is following includes MAPT's effort to provide for replacement levy forthe specific districts that need to deal with the carpenter school bus roof defects prob-lem. There are 115 carpenter buses in 38 school districts that need to be replaced. Thelegislation would allow districts with these buses to levy under their health and safetyprogram revenues between 2005 and 2009 to replace them.

CONTINUED ON PAGE 4.

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LEGISLATIVE UPDATE CONTINUED FROM PAGE 3.

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MINNESOTA COMPANY

MSBOA is supporting MAPT's school bus technical corrections bill (HF2561 and SF 2043). These bills would align Minnesota's school bus stan-dards with a more recent set of school bus standards adopted by theNational Conference of School Transportation. The old 1995 standardswould be replaced by the 2000 version. This legislation may addresschanges in the allowance of advertising inside of school buses.

One provision that was added to the HF 1793 (Article 1; Section 31) pro-vides for a transportation fee trial in the Eden Prairie School District forthree school years. The district would establish guidelines to ensure that nopupil is denied transportation solely because of inability to pay. Any trans-portation fee would be required to be applied equally to public and non-public students transported within the district and spend on transportationpurposes only. MSBOA is opposed to this approach to student transporta-tion funding and is working to have this language removed from the finalbill.

If you would like to serve on the Legislative Committee or have questionsor concerns about our legislation or any other bills that your hear or readabout, contact Kurt Schumann of Laidlaw Education Services andMSBOA's Legislative Committee Chair at 763-533-0313 or email him [email protected].

If you have any questions regarding the Legislature or MSBOA legislativeissues, feel free to contact me directly at 651-293-9295 or email me [email protected].

Saturday, June 5that the Dakota County Technical College in Rosemount on Co. Rd. 42.

There will be events for both Forward Control andConventional divisions; individual as well as team events.

Applications will go out in the mail near May 1st. Past volunteerjudges will be notified at by mail also.

Contact Sherry Case, Road-E-O Chairperson, with questions or if you would like to volunteer.Phone: (651) 287-1845 or email: [email protected]

Minnesota School BusSafety Road-E-O

NTSB PRESS RELEASENational Transportation Safety Board, Washington, DC 20594 (Dated 4-7-04)LACK OF OVERSIGHT, DRIVER IMPAIRMENT CITED IN FATAL CRASH OF MEMPHIS CHILD CARE VAN

Washington, D.C. -- The National Transportation Safety Board today determined that the probable cause of the fatal crashof a van transporting children from a child care center in Memphis, Tennessee, was the absence of oversight by the center'sowners and the driver's inability to maintain control of his vehicle because he fell asleep, quite likely due to an undiagnosedsleep disorder. The drivers' use of marijuana may also have played a role in the accident, the Board said.

"Our investigation uncovered a string of failures that led to this tragic accident," said NTSB Chairman Ellen Engleman-Con-ners. "It demonstrates once again that everyone in the transportation safety chain must do their part to avoid placing ourchildren in harms way."

The accident occurred on April 4, 2002, when a 15-passenger Ford E-350 van transporting six children to school on Inter-state 240 in Memphis drifted off the right side of the roadway, overrode the guardrail and struck a bridge abutment. The dri-ver was ejected through the windshield and sustained fatal injuries. Four of the children also were killed, and two were seri-ously injured.

Safety Board investigators found no mechanical defects on the van that wouldhave contributed to the accident. The weather was clear and the roadway dry.Post-accident toxicological tests indicate that the driver consumed marijuana onthe morning of the accident and was under the influence of the drug at the timeof the crash. Investigators also found that the driver had a history of difficultymaintaining wakefulness, probably reflecting a condition of sleep apnea or anoth-er undiagnosed sleep disorder. This combined with witness reports of a lack ofbrake light illumination and the drifting of the van off theroadway is consistentwith a driver who has fallen asleep.

The Board stated that because the owners of the child care center did not com-ply with state law, and the Tennessee Department of Human Services did not pro-vide adequate oversight, the van driver was able to transport children eventhough he had not had a background check or medical examination. Had drugtesting been conducted, the Board said, the driver's drug use would likely havebeen detected and he may have been prohibited from transporting children.

Further, the Board noted that had the center's owners used a vehicle built toschool bus standards, rather than a 15-passenger van, and had appropriaterestraints (seatbelts, booster seats) been used, the injuries from this accidentmight have been less severe.

The Board also identified flaws in the design of the guardrail at the accident sitethat allowed the van to become trapped behind the guardrail and strike thebridge abutment.

As a result of the accident, the Board made recommendations to the agen-cies in the 50 states and the District of Columbia that oversee child caretransportation calling for the use of vehicles built to school bus standards,regular vehicle maintenance and inspection programs, a requirement thatoccupants wear age-appropriate restraints at all times, and backgroundchecks, medical examinations and drug testing to determine driver fitness.Recommendations also were made regarding improvements in roadsideguardrails.

A synopsis of the accident investigation report, including the findings, prob-able cause, and safety recommendations can be found on the Publicationspage of the Board's web site, http://www.ntsb.gov. The complete report willbe available in about six weeks.

NTSB Media Contact: Paul Schlamm, (202) 314-6100

5

As I sit down to write this article, the sun has already appeared, though it's only 6:15 a.m. The snow is pretty much gone,and there's a hint of green in the grass. A few days ago, we enjoyed temperatures in the sixties. Spring has arrived, thoughwinter is fighting to hang on a little longer. Spring is a time of change, a time of renewal. That includes your Board of Direc-tors. This is my third and final spring as a member of your board. In June you'll elect my replacement. This article is ded-icated to her or him.

I ran for a position on the board after having attended two or three board meetings as an observer and having worked withLyle Hicks and Joe Beaton on some legislative issues. I was Vice President of Operations at Benjamin Bus and NorthfieldLines at the time, overseeing between forty and fifty school buses and thirty motor coaches. I was living in Le Sueur, butofficing in Montgomery and Northfield. I was also in my final year of night school at William Mitchell College of Law in St.Paul. Like most of you, I started my days early, arriving at the bus garage between 6:00 and 6:15 each morning. With nightschool in St. Paul and the commute back to Le Sueur, my days ended late in the evening.

I tell you that because, frankly, I didn't have time to be a board member. Neither, I'm sure, do you. You're doing all you canto run a successful business, to care for your family and to serve your community. I know that, because I know you. You'relike every board member I had the privilege of working with; you are deeply committed to your business, to your customers,to your employees, to your family, and to your community. Your business continues to succeed despite the difficult econo-my, the budget cuts and the consultants, because you care. Your customers continue to trust you with the world's most pre-cious cargo, because you care. Your valued employees keep doing an incredible job, despite the weather, the traffic and theoccasional problem student, because they care-and they care because you care. Your family continues to love you, or atleast put up with you, in spite of the long hours, the phone calls and the inevitable stresses that come with the responsibili-ty you've shouldered, because they know you care. Your community continues to expect that, as if by magic, you and yourbuses will always be there for them. And you will, because you care. That's the magic.

Of course you don't have time to serve this fine organization. But like many othersbefore you, you will, because you care. I congratulate you, whoever you are. Youwill lead by serving, because you care. And it will be a rewarding experience,because ... you know why.

I'd like to thank all the members of the MSBOA for allowing me to serve you thesepast three years. It has been an honor and a privilege. I'd also like to thank all of theboard members with whom I've served. You are all terrific. Finally, thank you to thefull-time MSBOA representatives, Shelly Jonas and Shari Danzeisen. You are bigpart of this organization's continued vitality and you made service on the board funand fulfilling. Best wishes to all of you during the busy spring season. I look forwardto celebrating another safe and successful school year with all of you at Breezy Point.

Bill McNab

6


An An AssociaAssociation tion TTo Caro Care e About...About...Bill McNab, MSBOA Board Member

I sit here and wonder what I, Jenny Aksamit, of small town Browerville, could possible write that would be interesting or edu-cational to all of the MSBOA members.

Being the small contractor representative is an opportunity I welcomed with an open door. Mike was disappointed he wasn'tchosen. He has worked very hard in the industry, on both sides, as a sales rep for North Central Bus Sales in St. Cloud for12 years and our bus company for four years. He is the reason why we purchased a business. My background has beenone of customer service, management, and (as a mom) child raising! How could I go wrong running a school bus business?

In 1998, we set forth negotiations with Jerry Zigan of Zigan Bus Service. Jerry ran 6 route busses, a trip bus, and had a cou-ple of spares. Mike made it a ritual to visit Browerville about once a month when talks started. He rode a long on routes,had discussions with drivers, and observed Jerry run the business.

Early 2000, we prepared for the bid process with the school. What a learning experience! We gathered route informationand compiled endless information of other "stuff". We knew we needed to sell ourselves to the school board. We put togeth-er a PowerPoint presentation, had 3 ring binders, which contained letters of recommendation, resumes, and etc., for eachboard member, and prepared to answer any questions they were going to throw at us. Which they did! We were awardedthe contract and here we are four years later.

The community has taken us in with open arms. In return, Mike and I offer our time. He is on the volunteer fire dept and Iam an EMT with the ambulance. We also are very involved with other organizations such as our church, the local schools,Cub Scouts, Girl Scouts, Lions, and other various clubs. We realize part of being accepted is to show what you're willing togive back.

We are very grateful to all of our drivers. They make our business run, literally! We strive to provide a friendly work envi-ronment, quality equipment, and offer fringe benefits. Advantages for being an employee include a late summer picnic lunch,a last day of school T-Bone BBQ, and the famous Christmas party! Thanks to a great friend and small fleet contractor, KevinRaguse - Raguse Bus Lines, Inc., Mike has a wonderful assortment of entertainment towork with. We have recruited drivers for the sole purpose that they have heard of ourfamous parties!

I look forward to representing the small fleet operators in the future. If I can be of anyassistance please feel free to contact me. I hope to meet many of you in June for theMSBOA summer convention.

Jenny AksamitAksamit Transportation, Inc.

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News and Views

TRANSPEC AD.

New Small Contractor MSBOA Board MemberJenny Aksamit, Aksamit Bus, Browerville, MN

Q: I fired an employee. How long do I have to give him his final paycheck?

According to Minnesota Statute 181.13, an employee’s earned wages should be issued within 24 hours if the employer dis-charged the employee. The discharged employee may charge and collect the amount of the employee’s average daily earn-ings for each day up to 15 days that the employer is in default. If the employee was entrusted with money or property, employ-ers have an additional 10 calendar days to audit the accounts of the employee before the employee’s wages are to be paid.

Q: One of my employees quit. Do I have to pay her immediately?

When any employee quits or resigns employment the earned and unpaid wages should be paid no later than the first regu-larly scheduled payday following the final day of employment, unless the employee is subject to a different provision with acollective bargaining unit. If the first payroll date is less than 5 calendar days after quitting, full payment may be delayed untilthe second regularly scheduled payday as long as the wages are paid within 20 days from the separation date.

Q: I accidentally overpaid an employee; can I get that money back?

According the the Department of Labor and Industry, the employer as the right to recover any overpayment caused by book-keeping error.

Q: One of my employees is asking to see his personnel file; do I have to show him it?

Minnesota employers are required to provide employees with access to their personnel record upon written request. Anemployee is entitled to review his or her personnel record once every six months. A former employee may obtain a copy ofhis or her personnel file free of charge within one year of termination of employment.

Q: I have an employee who is constantly taking off work to go to her child's concerts, confer-ences, field trips, etc. Can she do this?

In Minnesota, every employee is entitled to take up to 16 hours unpaid leave a year toattend their children’s school conferences, classroom activities, child care or other earlychildhood program. Employees may use vacation time.

Q: An employee took and damaged some of my property; can I dockhis final paycheck to cover the loss?

According to Minnesota Statutes 181.79, no employer shall make any deduction from thewages due or earned by any employee for lost, stolen, or damaged property unless theemployee voluntarily authorizes the employer in writing to make the deduction or unlessthe employee is held liable in a court for the loss. Any authorization for a deduction shallset forth the amount to be deducted from the employee's wages during each pay period.

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FM 2-WAY RADIOS






PPaayryroll Q & oll Q & AAS H E L L Y J O N A S

Ed. Note: It is always best practice to consult an attorney when handling a delicate employee situation.

To all MSBOA members,

Apr. 22nd, 2004 and we are all scrambling to get the job done for the next 5 or 6 weeks. The onlyway we will get it done is with the professional drivers we all have that have done the job so farthis year and will continue to get the job done till the end of the school year. With a little helpfrom the guardian angels and a lot of brow scratching from the dispatchers and operations man-agers we will make it to the end of another school year. But are we forgetting something? YESWE ARE!

As of 4/22/04 there has only been one application turned in forthe annual "Transportation Specialist Awards" at our summerconference. Each and every one of us has a person that is worthyand qualified to receive this award. Whether it is the RegularRoute driver, the Special Needs Route driver, the Charter Driver,the Sub-Driver, the Mechanic, the Dispatcher, or the Bus Washerwe all have at least one person in our organization that is deserv-ing of this award.

Time is the hardest thing to come up with at this time of year. Butwithout the employees mentioned above, we all wouldn't have abusiness to run. Try and find a few minutes to step back and lookat your operation and find that special person to nominate for the"Transportation Specialist Award." They are what makes ourindustry roll on and they need to be recognized.

Sincerely,Michael J. KroisPresident, Voyageur Bus Company(MSBOA Board Member & Chairman of the Transportation Specialist Award Program)

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Leasing & Financing




A CA CALL FALL FOR AOR ACTION!CTION!

Ed. Note: Remember, the applications are due on May 15th,2004 for Transportation Specialist. There is a $500.00 schol-arship awarded to the school district that your companyserves. It cannot be stressed enough what a great opportu-nity this is to give your driver special recognition and also tolet your company shine to the surrounding communities!!!

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First of all, you might be wondering exactly what HIPAA is.Or you may have heard about it at your doctor’s office orpharmacy and signed a form or two. But you may wonderwhy it would have anything to do with you since you aren’tin the health care industry.

HIPAA stands for The Health Insurance Portability &Accountability Act of 1996 (August 21), Public Law 104-191,which amends the Internal Revenue Service Code of 1986.It is also known as the Kennedy-Kassebaum Act or HealthCare Administrative Simplification.

Very simply, it calls for improved efficiency in healthcaredelivery by standardizing electronic data interchange, andprotection of confidentiality and security of health datathrough setting and enforcing standards. HIPAA calls forsevere civil and criminal penalties for noncompliance,including: -- fines up to $25K for multiple violations of thesame standard in a calendar year -- fines up to $250Kand/or imprisonment up to 10 years for knowing misuse ofindividually identifiable health information. Compliancedeadlines on the privacy portion just went into effect on April14, 2004. This is the portion that affects most businesses.The privacy standards:

• Limit the non-consensual use and release of private health information;

• give patients new rights to access their medical records and to know who else has accessed them;

• restrict most disclosure of health information to the minimum needed for the intended purpose;

• establish new criminal and civil sanctions for improper use or disclosure;

• establish new requirements for access to records by researchers and others.

If you offer your employees health care insurance or a flexi-ble benefits program (Section 125) you probably have someaccess to their health care information. Other benefits suchas disability insurance or worker’s compensation may alsogive you access to health care information. However, as theemployer you are not directly restricted by HIPAA. The “cov-ered entity” would be the health plan itself. HIPAA coversthe flow of information between the covered entity and thenon-covered entity. Confused yet? You have good reasonto be. It has been said that the effect of these privacy ruleson employers is the single most complicated and confusingelement of the entire HIPAA Privacy Rule, which is an extra-ordinarily complicated rule in its entirety. Ultimately, insofaras they apply to employee health benefits, the purpose of

the HIPAA regulations is to protect health information frombeing used inappropriately in employment-related decisions.Therefore, employees and the health care plan or its busi-ness associates may not freely share information with you.Health care plans may not even share protected informationwith a spouse. However, the information maybe sharedwhen the employee signs a written authorization form.

Enrollment and disenrollment information can be disclosedto the employer as well as information needed for adminis-trative functions. This means the employer should create a“firewall” within the organization to protect and contain sen-sitive information. Any workers with access to health careinformation should be HIPAA trained. Even payroll deduc-tions, health care premium payment information and phar-macy receipts are considered as a health care informationexchange that is covered by HIPAA.

You should designate a Health Plan Privacy Official withinyour organization. The Privacy Official should determinewho within the organization needs access to protected infor-mation and see that these people are trained. They shouldalso define secure methods to protect all information that isstored by the organization. The Privacy Official should beidentified to the employees. Employees who have a com-plaint should contact the Privacy Official. A HIPAA Privacynotice should be distributed to all employees notifying themof how their health care information can be used with orwithout their authorization.

Lastly, employers should seek legal counsel to determinetheir level of compliance needs and the level of complianceto expect from plan providers and vendors.

For additional information:http://www.aspe.hhs.gov/admnsimp/index.shtml This is themain HIPAA site – the Administrative Simplification websitefor the Department of Health and Human Services.

http://www.hhs.gov/ocr/hipaa/ This is the DHHS enforce-ment site. There are sample agreements and disclosures aswell as Frequently Asked Questions and directions for howto file complaints.

HIPHIPAA LaAA Laws:ws: Am I Am I AAffffected?ected?Shelly Jonas

112004 MSBOA Summer Conference Agenda

Sunday - June 13, 2004

9:00 am Board of Directors Meeting11:00 am Golf Tournament Registration (Whitebirch Golf Course)12:00 pm Golf Tournament Shotgun Start5:00 pm Golf Tournament Awards Presentation6:00 pm President's Reception on the Beach

MSBOA President Julie Bernick7:00 pm MSBOA Vendor's Barbeque and Hawaiian Luau

Monday - June 14, 2004

7:00 am Breakfast with the Vendors8:00 am Attendance Drawing

Presidents Opening StatementsNomination of Board candidates

8:30 am DOT & Department of Public Safety ComplianceDriver Qualification FilesPre-Employment RecordsEmployee Files

9:45 am Break10:00 am Hours of Service rules and Bus Drivers

Drug & Alcohol Testing requirements11:15 am Morning Session Ends11:30 pm Noon Luncheon1:00 pm Business Continuation Plans

Employee Termination Done Right3:00 pm Afternoon Session Ends6:00 pm Accordia Insurance Reception7:00 pm President's Dinner8:00 pm Transportation Specialists Awards9:15 pm Break9:30 pm Safety Raffle Drawing

Tuesday - June 15, 2004

7:00 am Breakfast with theVendors8:30 am Attendance Drawing8:45 am Mn Department of Public Safety Report

Mn State Patrol Capt. Ken UrhquartMr. Duane Bartels, Chief LCR

10:00 am Break10:15 am Legislative Report

Mr. Gary Botzek, MSBOA Legislative LiaisonMr. Kurt Schumann, MSBOA Legislative Committee Chair

11:00 am Treasurers ReportMr. Roger Millner, MSBOA Treasurer

11:15 am Election of Directors11:30 am President's Address

Julie Bernick, MSBOA President12:00 pm Lunch

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In This Issue:A Call For Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9An Association to Care About . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6Legislative Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3News & Views . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7Payroll Q&A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8

Transportation Specialist Award Applications Due May 15th.

Registration for MSBOA Summer Conferenceheld at Breezy Point.(Registration through MSBOA and rooms reservations.)

TO DO LIST:








Upcoming

Events

Volume 34 Issue 6June 2004

Ed. Note: The Joe Beaton MSBOA Scholarship Selected itsthird annual winner. Nick Haukom from Marshall, Minneso-ta was chosen this year. Haukom in is his final year at Mar-shall High School and plans to attend either St. John’s or theUniversity of Minnesota to study Pre-Medicine. The follow-ing was the essay he submitted.

It all began in September of 1992. My parents were expect-ing the new birth about to happen in our family. My brother,Craig, was born on September 18, 1992. I was startingkindergarten. It was too far for me to walk to school eventhough we lived “in town”. I was excited about getting to rideon that big orange bus.

The first day of school, my neighbor friend, Tim and I, alongwith our mothers headed to meet the bus. We had to walkone and a half blocks to the bus stop. We loaded the busacross from the turtle at Freedom Park. The first time thatthe bus stopped and opened its doors to us is when we met“Pete”! He was the bus driver who drove the “Red Duck”bus. He had white hair, dark rimmed glasses and a bigsmile. My mother felt very satisfied and comfortable withhim as our bus driver and person in charge. Twelve yearslater, Pete is still at the wheel of our neighborhood bus! Henever seems to age or change! We all like Pete!

I have had many bus rides to hockey and baseball games,band and choir competitions and other field trips. We usu-ally enjoy each others company on those rides.

This past fall, we rode bus all the way from Marshall, MN toIndianapolis, Indiana. My mom was a chaperone and wasamazed how well the trip went. We kept busy playing cards,watching movies, singing songs and talking.

School transportation has really made an impact on where Ihave gone and what I have gotten to participate in. My lastschool bus ride will probably be to a baseball game as wego to play our last baseball game as seniors in high school.

Maybe someday I will be the next “Pete”! I enjoy little kids

especially. Driving bus would be a nice way to keep in touchwith those younger ages. I would also take them to their ballgames and other competitions. That would be a fun job! Mygrandfather does drive bus in Austin, MN and has lots of sto-ries to tell! He likes to talk about the students that he hasgotten to know on his bus. At Christmastime, we usuallyhear about all the gifts that he receives from his riders andtheir families. He says that he tries not to take anything orlet others see that he has gotten a gift. However, he hasproudly brought home many hand drawn pictures or cardsfrom the little artists. He has the “bus driver” mug collection!They must know that he likes to drink coffee.

There is a sense of community and comfort that comes fromthe weekday meetings of bus drivers and their riders. Onedoes get to know ones neighbors as a result of going ot thebus to bring or pick up the children. I have many memoriesof things that happened on the way to or from the bus or onthe bus rides. It can be a real bonding experience! Ofcourse, there are instances where one can get on oneanother’s nerves also! It can be like a family! So, all in all,a bus driver can have a big influence on children and theirchildhood experiences. We are all lucky when they realizethis and make the most of their impact.

There is a sense of “team spirit” when that much time isspent together in one combined space. The bus drivers arevery busy keeping track of the safety issues which are fore-most importance. They really do have a lot of responsibili-ties in transporting the students to and from their appropri-ate places. Hats off to the bus drivers!

My mother has taken pictures of us kids with our bus driver.I thought that this was a bit silly at the time. Now that I amolder and wiser, I realize what an influence that little com-munication with the bus driver has made in my day to dayschool days. He always greeted us and asked how we weredoing. If we looked grumpy or out of sorts, he would smileat us and make it better. This was a good way to start or endthe school day!

How School Transportation Has Affected My LifeBy Nick Haukom

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FROM THE PRESIDENT


DELANO, MINNESOTA

May, the time of year we all look forward to...the end of the school year and beginningof summer.

First a few reminders, don’t forget the MSBOA Summer Convention at our new loca-tion, the Breezy Point Conference on June 13-15, 2004. You still have time to makeyour reservations. Come and have fun with your fellow contractors...kick off with golfon Sunday followed by the Luau Sunday night and a fabulous agenda the next fewdays. Don’t miss it!!!

We also will elect new board members; our outgoing members are Bill McNab, LyleHicks, Dick Plahn, Greg Nord, and Tom Hey. Two of the five have decided not to runagain. I would like to thank Dick Plahn and Bill McNab for their time and talents theMSBOA Board has benefited from their participation. Thanks again.

The 40th Anniversary NSTA Convention is in Minneapolis on July 11-14, 2004. Getyour registrations in and meet contractors from all over the nation!

By the time of the publication of this issue, we will have the winners of this yearsTransportation Specialist Awards. Congratulations to all of you!!! You make our jobsthat much easier.

Hindsight or foresight, recently I was visiting with a fellow contractor regarding savingthe school district money. We were discussing double routing systems and single rout-ing systems and when we would start seeing savings. What the transported numberof students should be to implement the double routing system, numbers of miles, costand possible savings. Hindsight, a district could go looking elsewhere. Foresight, Ican bring the ideas to the school district and discuss the savings with them. Workingtogether is always the best policy.

Oh, the lazy days of summer! As a child and young adult those words were so true...asand adult, I try to make them a reality! Have a great summer!

The 2004 regular legislative session is over! As you are reading in the papers, hearing on the radio,and seeing on TV, very little got done this year.

One policy bill that died was legislation that would have permitted school and Head Start buses to be inspected by non-state employee certified inspectors-instead of the current system of annual StatePatrol inspection. This legislation would have allowed bus owners to continue to use the State Patrolfor annual bus inspection, set up their own certified inspection program, or contract out with a thirdparty. The State Patrol inspects 13,000 school buses annually.

The legislation was authored by Rep. Randy Demmer (R-Hayfield) and was included in the House Education Budget Bill(HF 1793, Article 1; Section 27). SF 1620, authored by Senator Steve Dille (R-Dassel) received a hearing in the Senate butwas not included in the Senate K-12 Education Budget Bill or the Senate Omnibus Education Policy Bill. Since the languagefor the new program was only in one bill-the House version, and not in either of the two Senate bills-when a conference com-mittee on education policy (SF 1793) met the last week of session, this provision was not included.

MAPT's effort to provide for replacement levy for the districts that own or operate carpenter school buses did not pass either.There are 115 carpenter buses in 38 school districts that need to be replaced due to a federal out of service order. The leg-islation would have allowed districts with carpenter buses to levy for their replacement under their health and safety pro-gram.

Another issue that MSBOA opposed in HF 1793 (Article 1, Section 31) did not pass either. That provision would have pro-vided a transportation fee trial in the Eden Prairie School District for three school years. The district would establish guide-lines to ensure that no pupil is denied transportation solely because of inability to pay. Any transportation fee would berequired to be applied equally to public and nonpublic students transported within the district and spend on transportationpurposes only. MSBOA had sent a letter to key legislators in opposition to this approach.

The school bus safety bill passed as part of HF 1793. This legislation aligns Minnesota's school bus standards with a morerecent set of school bus standards adopted by the National Conference of School Trans-portation. The old 1995 standards will be replaced by the 2000 version. The school buslanguage is contained in Article 2, Section 13 -student training and Sections 17-31 anddeals with stop-signal arms, white strobe lamps, insulation, and crossing arms. Thereare no changes in the allowance of advertising inside or outside of school buses.

The .08 BAC bill was passed this session (SF 58). The new law goes into effect onAugust 1, 2005.

I am looking forward to seeing everyone at the Summer Conference at Breezy Point inJune. I will be talking to members about the fall elections and plans for the 2005 ses-sion.

If you would like to serve on the Legislative Committee or have questions or concernsabout our legislation or any other bills that you hear or read about, contact Kurt Schu-mann of Laidlaw Education Services and MSBOA's Legislative Committee Chair at 763-533-0313 or email him at [email protected].


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Call


MINNESOTA COMPANY

Zeigler Ad

Saturday, June 5that the Dakota County Technical

College in Rosemount on Co. Rd. 42.

There will be events for both Forward Control andConventional divisions; individual

as well as team events.

Applications will go out in the mail near May 1st. Past volunteer judges will be

notified at by mail also.

Contact Sherry Case, Road-E-O Chairperson, with questions or if you would like to volunteer.

Phone: (651) 287-1845 or email: [email protected]

Minnesota School Bus Safety Road-E-O

EMPLOYMENT NOTES TO BUSINESS CLIENTS By Sharon Hobbs, Rinke-Noonan Law Firm

New Exempt Employee RegulationsThe United States Department of Labor (DOL) recently issued new regulations governing the white collar exemptions fromthe overtime requirements of the Fair Labor Standards Act (FLSA). The new regulations, which take effect on August 23,2004, change both the applicable salary and job duty requirements for exempt status.

Overtime Exemptions for Executive, Administrative, Professional, and Outside Sales EmployeesAn employee is exempt from the overtime pay requirements of the FLSA if the employee is paid at least the minimum salaryspecified in the regulations and his/her duties satisfy the new job duties standards summarized below:

Executive Employees:• Minimum salary of $455/ week (previously $155/long test $250/short test)• Primary duty of managing business, or a customarily recognized department/division of business• Customarily and regularly directs the work of two or more other employees• Has authority to hire, fire, or promote or his/her recommendations are given particular weight

An employee who is a 20% equity owner in the business and who is actively engaged in management is exempt.

Administrative Employees:• Minimum salary (or fee) of $455/week (previously $155/long

test $250/short test)• Primary duty of performing office/non-manual work directly related

to management or general business operations of employer or employer's customers

• Employee's primary duty includes exercise of discretion and independent judgment with respect to matters of significance

"Matters of significance" is a new requirement. Examples of "matters of significance" include: (1) the authority to formulate,affect, interpret, or implement management policies or operating practices; (2) carrying out major assignments in conductingthe operations of the business; and (3) performing work that affects business operations to a substantial degree, even if theemployee's assignments are related to operation of a particular segment of the business. Exempt administrative employeesmust be "staff" not "production" employees.

Professional Employees:• Minimum salary (or fee) of $455/week (previously $170/long

test $250/short test)• Primary duty of performing office/non-manual work requiring advanced

knowledge and includes consistent exercise of discretion and independent judgment

• The advanced knowledge must be in a field of science or learning, and must be customarily acquired by a prolongedcourse of specialized intellectual instruction

• Generally, an appropriate academic degree is required, but it is possible to obtain the advanced knowledge through a combination of work experience and intellectual instruction.

• The job duties of "creative professionals" must require invention, imagination, originality, or talent in a recognized field of artistic endeavor.

• Computer professionals may be paid a salary of at least $455/week or an hourly rate of at least $27.63/hour

• Primary duties for exempt "computer professionals" include computer application, design, development, documentation, testing, creation, or other computer duties requiring the same level of skill (e.g. computer systems analysts, computer programmers, software engineers and other similarly skilled workers in the computer field are eligible for the computer professional exemption, but job titles are not determination)

Continued on page 6.

5

Employment Notes Continued from page 5."Highly Compensated" Employees:

• Minimum total compensation of $100,000/year, which must include at least $455/week paid on a salary basis• Must customarily perform at least one of the exempt duties or responsibilities of an executive, administrative, or

professional employee

Outside Sales Employees:• Primary duty of making sales or obtaining orders or contracts for services, or for the use of facilities• Customarily and regularly be engaged away from the employer's place or places of business in performing

primary duty

The new regulations do not include the requirement that outside sales employees spend no more than 20% of their worktime on non-sales activities. The minimum salary requirements do not apply to outside sales employees.

Employees Specifically Defined as Non-exemptThe new regulations also list specific job categories that will not be considered exempt regardless of the employees' salaries.For example, blue collar workers who perform work involving repetitive operations with their hands are not exempt from over-time requirements. This category of employees includes carpenters, electricians, mechanics, and construction workers, etc.Additionally, ambulance personnel, police officers, firefighters, emergency medical technicians, and paramedics are notexempt employees.

Employer's Right to Dock Pay for SuspensionsUnder the current regulations, employers cannot make deductions from exempt employees' pay for absences due to disci-plinary suspensions of less than one week. The new regulations permit employers to dock an exempt employee's pay forunpaid disciplinary suspensions of one or more full days if imposed in good faith for infractions of workplace conduct rules(e.g. violation of sexual harassment policy) pursuant to a written policy applicable to all employees.

Under current regulations, if an employer improperly deducts from the pay of an exempt employee, the employee loses theexemption for that entire class of employees for the entire pay period, unless the employer shows that the deduction wasinadvertent, reimburses the employee, and promises to comply in the future. Underthe new regulations, if an employer has a clearly communicated policy that prohibitsimproper deductions, includes a complain mechanism, reimburses employees for anyimproper deductions, and makes a good faith commitment to comply in the future, theemployer loses the exemption only if the employer willfully violates its policy by con-tinuing to make deductions after receiving an employee complaint. The exemption islost only for employees in the same job classification and working for the same man-ager responsible for the improper deduction. The best evidence of a "clearly com-municated" policy is a written policy distributed to employees prior to the improperdeduction by providing a copy to employees at the time of hire and including in itsemployee handbook or employer's Intranet.

ConclusionThe new regulations are somewhat simpler to apply than the current regulations. Byraising the minimum annual salary from $13,000 to $23,660, some employees whocurrently qualify as exempt clearly will no longer qualify. The new duties tests are insome cases more and in come cases less strict than the existing tests.

Remember that Minnesota has its own regulations. Employees must be evaluatedunder both sets of regulations and given the benefit of whichever regulations aremore beneficial to the particular employee.

Prior to the October 23, 2004, effective date, employers should review the job dutiesand compensation policies for all employees classified as exempt and adopt and dis-tribute a written pay deductions policy for disciplinary suspensions.

Employment Notes is a general discussion of legal issues and is not intendedto be legal advice. Readers should seek the advice of competent legal counselto review the specific facts and law regarding any given legal matter.

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7


News and Views

TRANSPEC AD.Superior Transit

Sales Ad

We all have used the expression TGIF, but now we are say-ing "Thank Goodness School's Almost Out", although weare looking forward to a busy summer.

We lost a valuable person recently here a Kottkes' Bus Ser-vice, Inc. Jill Williams, our Safety Director, left us to workfor the Anoka-Hennepin District 11 transportation depart-ment. Jill worked with us for twenty-three years. Eventhough she's working down the road and still in studenttransportation, there are a number of duties to be fulfilled.However, with the work force we have here, we are adjust-ing and the transition will work out well.

Both the state and federal governments have not been kindto the yellow school bus people this past year. None of thehelp we had hoped for succeeded, the education bill in thestate and the federal T-21 bill have not passed yet. Howev-er, our lobbyists continue their diligent efforts to keep ourconcerns in the forefront of the legislators.

Looking forward, I would like to personally invite all MSBOAmembers to make plans to attend the 40th AnniversaryNSTA Conference to be held in Minneapolis this summer.The dates are July 11-14, 2004, with the events being basedin the Hilton hotel on the Nicollet Mall. Those writing a checkto the NSTA will really see the heart of the organization.These people are devoted to making our student trans-portation industry the best that it can be, and one in which

we should be proud of the progress we have made.

Just a little sidebar, all your NSTA board members voluntar-ily give their time and talents to the organization. Travel andother expenses that are incurred to attend the meetings arestrictly out of pocket expenditures. The success of our yel-low school bus industry relies heavily on the commitment ofthe NSTA board members.

Let's all finish the school year on a positive note and lookforward to what the future holds. Time does not stand stillfor anyone. We must remember that the more effort or com-mitment we put into a project the greater our success will be.Let's start now by putting forth increased devotion to thefuture of this state and county. We will continue to protectour children to the best of our ability by providing a safe andsecure transportation environment to promote their ongoingeducation, and enable them to become productive adults.

We're looking forward to seeing you at the summer conven-tion at Breezy Point. The committee has put together a fab-ulous agenda that will be extremely beneficial for all whoattend.

Thank you for allowing me to serve you on the MSBOABoard.

Charles M. Peterson

WHAT A TOUGH YEAR!BY CHARLES PETERSON, KOTTKES’ BUS SERVICE, INC.

Injuries from motor vehicle crashes declined slightly in 2003, to the lowest levels since such data have been kept, accordingto preliminary estimates from the U. S. Department of Transportation's National Highway Traffic Safety Administration(NHTSA). The report on fatalities is mixed, however, with 43,220 deaths overall on the nation's highways in 2003, up slightlyfrom 42,815 in 2002.

NHTSA estimates that the fatality rate in 2003 remained unchanged from 2002 - 1.5 deaths per 100 million vehicle miles trav-eled.

Motorcycle fatalities rose by 348 to 3,592, an 11 percent increase. Passenger car fatalities declined by 778, but SUV fatali-ties increased by 456, 55 percent of which were rollover crashes. This increase was partially accounted for by increases inSUV sales.

Declining fatalities in passenger cars and injuries overall can be attributed to more crashworthy vehicles in the fleet andincreases in safety belt use.

In 2003, 58 percent of those killed in passenger vehicles were not wearing safety belts. Forty percent (17,401) of all fatalitieswere alcohol-related, essentially unchanged from 2002. This underscores the value of the need for states to adopt standardsafety belt laws and to increase enforcement of impaired driving laws.

"This problem will not be solved in Washington, DC, alone, " said NHTSA Administrator Jeffrey Runge, M.D. "We need thecooperation of every American to drive responsibly, fasten his or her safety belt and care for each other's safety on the roads."

NHTSA earlier estimated that highway crashes cost society $230.6 billion a year, about $820 per person.

"Although we are seeing progress in some areas, our nation must take this epidemic seriously," said Dr. Runge. "Traffic crash-es are the leading cause of death in American children and young adults, but that can change through personal responsibil-ity and enforcement of laws and regulations."

NHTSA's Fatality Analysis Reporting System (FARS) also shows that, in 2003:

• Pedestrian deaths declined 2.8 percent from 4,808 in 2002 to 4,672 in 2003. • Fatalities from large truck crashes increased slightly from 4,897 in 2002 to 4,942

in 2003, a 0.9 percent rise.• Deaths of children seven and under remained near historic low levels, with 972

children seven and under killed, compared with 968 in 2002.• The number of fatal crashes involving young drivers (16-20) declined by 3.7

percent (from 7,738 in 2002 to 7,452).• In 2003, vehicle miles traveled increased slightly to 2.88 trillion, up from 2.86 trillion

in 2002, according to the DOT's Federal Highway Administration. • There were larger than normal increases in vehicle miles traveled in the last half of

the year, consistent with improvements in the economy.• The number of registered vehicles increased from 225.7 million in 2002 to 230.2

million in 2003.

NHTSA annually collects crash statistics from 50 states and the District of Columbia toproduce the annual report on traffic fatality trends. The final 2003 report, pending com-pletion of data collection and quality control verification, will be available in August. Sum-maries of the preliminary report are available on the NHTSA web site at: http://www-nrd.nhtsa.dot.gov/pdf/nrd-30/NCSA/PPT/2003EARelease.pdf.

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FM 2-WAY RADIOS






DOT RReleases PPreliminary EEstimates Of 22003 HHighway FFatalities Contact: Rae Tyson : (202) 366-9550

Minnesota School Bus Safety Committee met on April 21, 2004 in Eden Prairie.

Chairperson Frank Zeman called the meeting to order at 9:55AM. Introductions were made. Lori Jonason welcomed every-one to Eden Prairie.

Jill Williams from Kottke Bus is now a Route Coordinator with Anoka Hennepin. Congratulations Jill.

Ray Kroll stated that last months meeting he was out of cases for the DDS videos. He was only out of cases for Vol. 4. Hehad a supply from another volume that he made new labels for to fill the order. At some point they will be switching to DVDbut not in the near future. He will keep us informed.

Bob Fischer announced the results of the Special Education Driver and Assistant Awards.

Bob received an e-mail from Donna Allen from the Office of Transit through MNDOT.The Federal government wants public transit in each state to be responsible forextra-curricular school trips. A group from Minnesota is being organized to discussthis. David Peterson, MAPT will be on it along with a representative of MSBOA.There first meeting will be April 30th at the Transportation Building in room 461 at10:30 AM.

Information was given about a Radiological Emergency Plan. This plan is a Home-land Security drill to evacuate school children if there were a disaster at the Monte-cello and/or Prairie Island nuclear plants. This will be tested in May and the Feds willreview June 16.

Duane Bartels, DPS, spoke briefly on mass transit doing extra-curricular trips. Thiswould be done nationally. Duane did a quick demonstration about a new piece thatwas added to the DVS driving record check. When you go in to the drivers' record,the school bus physical date has now been added to the second line to the right ofthe CDL status. If you have any questions you can call the department or Duane.This may take a little bit of time to complete but if it has been a few months give oneof them a call. In the future they will also have available to see on line the status ofwritten tests passed. www.mndriveinfo.org

Make sure that if a driver moves they apply for a new license with their correctaddress. Letters from the department will not be forwarded. A driver has 30 days tochange their address.

Duane passed out copies of a press release from FMCSA telling about the fine leviedagainst a contractor for violating motor carrier safety regulations pertaining to pre-employment drug testing.

Frank Zeman said that Mpls has contracts with all their carriers stating that any dri-ver involved in an accident over $100 damage must undergo a drug test.

TTT- Ray Kroll - Dates for 2004 are July 13-16 in St. Cloud. Things are progressing.The mailing should go out next month with a deadline of June 18 for registration.There will be a planning meeting hopefully in May to talk about the range portion ofthe training.

Poster Contest - Mike Kemp - The judging of the poster contest took place beforethis regular meeting. The top winner will go to the National competition this fall.

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Leasing & Financing



ALL MAKES BODY OR CHASSISContinued on Page 10.

10

Rodeo - Sherry Case - The date is June 5, 2004 at Dakota County Technical College in Rosemount. Letters are ready to besent and some were distributed at this meeting. Discussion about whether we should take out terrorist insurance. It wasdecided not to do this.

Certified Trainers - Deb Bradish reported that Jeff Mueller has joined this group.

By-law Committee - Tom Meyer and Lori Jonason passed out copies of the final draft of the committees by-laws. Motion wasmade and seconded to accept these as our by-laws. Motion was carried. These do not need to be sent to the State but justbe kept on file.

Security Around the School Bus - Deb Bradish reported they will be meeting again after this meeting, on May 6 and againon May 19. They are hoping to have this completed by Train the Trainer in July.

MAPT - Ray Kroll reported that the joint conference went well last month. It will be in St. Cloud again next year Feb. 11-12.The MAPT summer conference will be June 16-18 at Craguns. More information on the MAPT web site.

Lori Jonason asked about other company/districts policies for school bus crashes. She is interested in seeing what other Dis-tricts have.

Theresa Globa said Osseo has a policy called 'Ready to Ride' for special Ed. Students. She will bring a copy next month.

Ray mentioned that he had been to a Driver Education Association meeting in St. Cloud and made the MAPT school bussafety brochures available for instructors.

Meeting was adjourned at 11:18 AMRespectfully Submitted, Emily WhiteMeeting Schedule and location. Meetings are scheduled the 3rd Wed. of each month.Upcoming meetings:June 16- DVS

School Bus Drivers

Merle Wallin, Eden Prairie Schools First PlaceCathy Miller, SoWashCo Schools Second PlacePauline Barbato, First Student, MV Third Place

Ariann Scott, Eden Prairie Schools Honorable MentionNancy Yarbrough, Eden Prairie Schools Honorable MentionCarol Hastings, First Student/ISD 622 Honorable MentionMenghis Haile, First Student/Hopkins Honorable MentionMavis Lindvall, Rosemount School District Honorable MentionSusan Armstrong, First Student/Burnsville Honorable MentionCatherine Pierce, First Student/Burnsville Honorable MentionNorm Fiesell, First Student/Hopkins Honorable MentionMohamed Songa, First Student/Hopkins Honorable MentionRonald Zerr, First Student/Hopkins Honorable Mention

Bus Assistants

Jaimee Costello, Eden Prairie Schools First PlaceChar Gustafson, Eden Prairie Schools Second PlaceMary Lee Settambrino, First Student, MV Third Place

Yvonne Morgan, Rosemount School District Honorable MentionSharon Fiesell, First Student/Hopkins Honorable MentionChannie Copeland, First Student/Hopkins Honorable MentionLakina Davis, First Student/Hopkins Honorable MentionDolores Casciani, First Student/Burnsville Honorable Mention

2004 Special Education School Bus Drivers & Assistants Awards Program

MSBSC Minutes Continued from Page 9.

112004 MSBOA Summer Conference Agenda

Sunday - June 13, 2004

9:00 am Board of Directors Meeting11:00 am Golf Tournament Registration (Whitebirch Golf Course)12:00 pm Golf Tournament Shotgun Start5:00 pm Golf Tournament Awards Presentation6:00 pm Reception on the Beach - Marina Deck

MSBOA President Julie Bernick7:00 pm MSBOA Vendor's Barbeque and Hawaiian Luau - Don’t forget to wear your Hawaiian shirts!!!

Monday - June 14, 2004

7:00 am Breakfast with the Vendors8:00 am Attendance Drawing

Presidents Opening StatementsNomination of Board candidates

8:30 am DOT & Department of Public Safety ComplianceDriver Qualification FilesPre-Employment RecordsEmployee Files

9:45 am Break10:00 am Hours of Service rules and Bus Drivers

Drug & Alcohol Testing requirements11:15 am Morning Session Ends11:30 pm Noon Luncheon1:00 pm Business Continuation Plans

Employee Termination Done Right3:00 pm Afternoon Session Ends6:00 pm Acordia Insurance Reception7:00 pm President's Dinner8:00 pm Transportation Specialists Awards9:15 pm Break9:30 pm Safety Raffle Drawing

Tuesday - June 15, 2004

7:00 am Breakfast with the Vendors8:30 am Attendance Drawing8:45 am Mn Department of Public Safety Report

Mr. Duane Bartels, Chief LCR10:00 am Break10:15 am Legislative Report

Mr. Gary Botzek, MSBOA Legislative LiaisonMr. Kurt Schumann, MSBOA Legislative Committee Chair

11:00 am Treasurers ReportMr. Roger Millner, MSBOA Treasurer

11:15 am Election of Directors11:30 am President's Address

Julie Bernick, MSBOA President12:00 pm Lunch

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In This Issue:Employment Notes to Business Clients . . . . . . . . . . . . . . . . . . . . . . . . . . . .5From the President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2How School Transportation Has Affected My Life . . . . . . . . . . . . . . . . . . . .1Legislative Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3News & Views . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

22000044 CCaalleennddaarr ooff EEvveennttss

SEE YOU ATSEE YOU ATBREEZYBREEZYPOINT!POINT!








Volume 34 Issue 7Summer 2004

Friends, Fun, & Flowers!!!Friends, Fun, & Flowers!!!At left: Ladies enjoying the

great weather.

At Right: Chuck Peterson and his sonplaying one of the many vendor spon-

sored games. Below:

Margo and Allen Scepa-niak handed out Hawai-

ian Leis.

Below: Roger andKaren Millner enjoy

some Hawaiian drinks.

Below: Shelly Jonas Golfing.

Below: Members broughttheir families to join in all thefun activities of the evening.

At Right: Julie Bernick and Sheila Peterson enjoythe atmosphere and conversation of friends in the

association.

Above: The food was great, the weather was great,and everyone had a great time at MSBOA’s first everHawaiian Luau! Many members wore festive Hawai-

ian clothing, and all attendees received floral leis.

Left: Gene Emanuelwaits to see ifEric Burrill can

dunk him...

...he did!

Below: The Hawaiian LuauVendor night drew a very

large goup.

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20042004


320.594.8228

JOHN BENJAMIN, NORTHFIELD507.645.5720/FAX 645.5635








GAYLEN LENZ, LAKE CRYSTAL507.726.2832/FAX 642.3697




















FROM THE PRESIDENT


DELANO, MINNESOTA

With the Summer Convention a memory, we all have returned to work and our few lastdays of summer before we start hitting it hard for the fall. I want to thank the SummerConvention committee, and the Luau planners; I sure had a great time. It was fun tohave a theme night. I also would like to hear your thoughts on Breezy Point - your stay,and any other changes we should make for next year. If anyone has any ideas foragenda items they would like to see, let one of your board members know!

Congratulations again to all of the Transportation Specialist Recipients. You make ourjobs so much easier.

Congratulations to Nick Haukom, the Joe Beaton Scholarship recipient.

Summer is a great time to look over all of your policies. Drug and Alcohol, SchoolIdling Policy, your pre-trip inspection forms, employee handbooks, student handbooks,and discipline policies. If you have some free time in July it will be used wisely by tak-ing the time to to update and look over them!

Don’t forget your legislators - this is the time to contact them.

Enjoy what is left of Minnesota’s Summer!

Julie

It was great to see so many of the MSBOA members at Breezy Point in June! It was very nice to relaxwith the folks, play golf, win a door prize, and learn more about the industry and the people that makeit such a great industry!

As I reported at the annual meeting, the 2004 legislative session was uneventful. Seems that politicstook over the process early this year and never let go. A Special Session may still be held, at leastfor a much needed bonding bill.

A school bus construction safety bill passed as part of the omnibus education policy bill (Chapter294/HF 1793). The new law aligns Minnesota school bus standards with the 2000 version of school bus standards of theNational Conference of School Transportation. The newer bus construction standards are already being used by bus man-ufacturing companies delivering buses into Minnesota.

The .08 BAC bill was passed this session (Chapter 283/SF 58). The new law goes into effect on August 1, 2005.

The Department of Public Safety's legislation that would have permitted school and Head Start buses to be inspected bynon-state employee certified inspectors, instead of the current system of annual State Patrol inspection, did not pass. WithMSBOA and MAPT testifying in support of the legislation, it passed the House, but after a hearing in the Senate, it was notmoved forward. This legislation would have allowed bus owners to continue to use the State Patrol for annual bus inspec-tion, set up their own certified inspection program, or contract out with a third party. The State Patrol inspects 13,000 schoolbuses annually with 13 inspectors.

Legislative efforts to allow school districts that own or operate Carpenter school buses to levy for their replacement did notpass either. There are 115 Carpenter buses in 38 school districts that need to be replaced due to a federal out of serviceorder. The legislation would have allowed districts with Carpenter buses to levy for their replacement under their health andsafety program.

A bill that would have provided for a transportation fee trial in the Eden Prairie SchoolDistrict for three school years did not pass. The district would have been allowed toestablish guidelines to ensure that no pupil is denied transportation solely because ofinability to pay. Any transportation fee would be required to be applied equally to publicand nonpublic students transported within the district and to be spent on transportationpurposes only. MSBOA opposed the legislation.

Now that the 2004 legislative session is over, the 2004 campaigns have begun! Notethat the entire 134 members of the Minnesota House of Representatives are up for elec-tion this November. The Senate and Governor are not up for election, however. Alsonote that both House candidates and sitting Senator will be asking for your support thissummer and fall in terms of votes and dollars. Under Minnesota law, a family that files ajoint income tax return can contribute up to $100 per year to state office candidates andreceive a check back from the Department of Revenue. If you file state taxes as an indi-vidual, you can get the first $50 back. When you present a check to the candidate, theywill mail you a form that you have to fill out, sign, and mail into the state. MSBOA mem-bers are encouraged to get interested in the House races, attend the meetings, and con-tribute to one of the candidates if you like what you hear. It is a good investment in yourindustry, your community, and your state!

If you would like to serve on the Legislative Committee or have any public policy con-cerns, contact Kurt Schumann of Laidlaw Education Services and MSBOA's Legisla-tive Committee Chair at 763-533-0313 or email him at [email protected]. If you have any questions regarding the Legislature or MSBOA legislative issues, feelfree to contact me directly at 651-293-9295 or email me [email protected].

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Black FinancialSERVICES, INC.P.O. Box 346 Avon, MN 56310

(800) 279-2374






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EMPLEMPLOOYMENT NOYMENT NOTES TES TTO BO BUSINESS CLIENTSUSINESS CLIENTSBy Sharon Hobbs, Rinke-Noonan Law Firm

Tucked in the thin booklet of new laws passed by the Minnesota legislature this year is a new statute, which one of our locallegislators had been trying to get passed for the last several years, with regard to employment references.

This new law, which will be effective in August, provides that:

No action may be maintained against an employer by an employee or formeremployee for the disclosure of certain information about the employee to aprospective employer or employment agency, unless the employee or formeremployee demonstrates by clear and convincing evidence that:

(1) the information was false and defamatory; and (2) the employer knew or should have known the information was false and actedwith malicious intent to injure the current or former employee.

The information which may be disclosed includes:

(1) dates of employment;(2) compensation and wage history; (3) job description and duties; (4) training and education provided by the employer; and (5) acts of violence, theft, harassment, or illegal conduct documented in the per-sonnel record that resulted in the disciplinary action or resignation and theemployee's written response, if any, contained in the employee's personnelrecord.

A disclosure under paragraph (5) must be in writing with a copy sent contempo-raneously by regular mail to the employee's last known address.

With the written authorization of the current or former employee, the follow-ing information may also be disclosed (in writing):

(1) written employee evaluations conducted before the employee's separa-tion from the employer, and the employee's written response, if any, con-tained in the employee's personnel record;

(2) written disciplinary warnings and actions in the five years before the dateof the authorization, and the employee's written response, if any, containedin the employee's personnel record; and

(3) written reasons for separation from employment.

The employer must contemporaneously provide the employee or formeremployee with a copy of information disclosed under this paragraph and towhom it was disclosed by mailing the information to the employee or formeremployee.

A prospective employer or employment agency may not disclose writteninformation received under this section without the written authorization ofthe employee.

Employment Notes is a general discussion of legal issues and is not intend-ed to be legal advice. Readers should seek the advice of competent legalcounsel to review the specific facts and law regarding any given legal mat-ter.

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Call


MINNESOTA COMPANY

Julie Bernick called the meeting toorder at 9 a.m.

Mike Moran made a motion to approvethe minutes from the previous meeting.Tom Hey seconded. Motion carried.

Roger Millner gave the Treasurer’sReport. There was discussion regard-ing the billboards, coloring books, andFirst Student dues. Brian Koch made amotion to accept the Treasurer’sReport. Jon Goetz seconded. Motioncarried.

Tom Hey made a motion to approve thepurchase of 100 billboards in theamount of $5700. Dick Plahn second-ed. Motion carried.

A suggestion was made to see what thecost would be to have the flashing lightson the billboard enhanced.

Dick Plahn made a motion to spend$2000 to have the billboards posted instrategic areas around the state for thestart of school this fall. Greg Nord sec-onded. Motion carried.

Gary Botzek gave the legislative report.Very little passed this session, updatingthe 95 National Standards to 2000 wasone thing that did. DWI goes to .08BAC in 2005. The bill on self inspec-

tions was met with a “why fix it, if it isn’tbroke” mentality in the Senate. SenatorLeRoy Stumpf wouldn’t put it in theSenate bill. It was in the House bill, butin the end anything different in the twobills was thrown out.

The Eden Prairie bill that would allowthem to charge fees for transportationas part of a pilot program was pulledout in committee. The bill that wouldhave allowed districts to fund their Car-penter bus replacement was droppedfrom the final bill.

Bills allowing school districts to levy onhazardous transportation as well ashaving a capital account for school buspurchases were never acted on. Con-sider revisiting them in the future.

There will be an election this fall,Botzek will identify legislators who needsupport. Remember that you can give$50/$100 and get it back from the state.

Botzek and Kurt Schumann have someideas to reorganize the legislative com-mittee for next year.

Pre-Registration Conference Atten-dance is up from 164 in 2003 to 192.There are 22 teams signed up for golf.The agenda required one change asCaptain Ken would not be attending.

Chuck Peterson spoke about NSTA’sconference that would start on July 11thwith the International School BusRodeo.

Bernick thanked Dick Plahn and BillMcNab for their years of service on theMSBOA board as they indicated theywould not be running again. There was5 openings on the board and six candi-dates, elections would be held on Mon-day at the general session.

There was a request by Bob Fisher tohelp fund a special education trans-portation award. Lyle Hicks made amotion to approve the request. RogerMillner seconded it. Motion carried.

There was a request to renew theMSBOA’s ad on the MN School BoardAssociation’s website. Tom Hey madea motion to renew. Mike Clark second-ed. Motion carried.

The winter conference committee waslooking at Rochester and Mankato for2006. Site visits are planned for thissummer.

Meeting was adjourned.

Minnesota School Bus Operators AssociationJune 13, 2004 Board Meeting MinutesBreezy Point

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GET SOMEONE TGET SOMEONE TOO

MSBOATODAYTODAY

NeNew Boarw Board Memberd Member::Gaylen Lenz, Lake Crystal School Bus Service, Inc.I would like to introduce myself to the rest of the association. My name is Gaylen Lenz. My wife Shariand I have owned and operated Lake Crystal School Bus Service for six years and have owned andoperated Madelia Bus Service along with my father for thirteen years.

We have been married for eighteen years and have two children. Our oldest is our son, Nicholas, who is sixteen years oldand will be a junior this fall at Lake Crystal Wellcome Memorial High School. Our younger child is our daughter, Elliot, whois twelve years old and will be a seventh grader at LCWM this fall.

Like a lot of you out there in the in the school bus industry, I basically grew up in the business. My father, Fred Lenz, pur-chased St. James Bus Service in 1976 when I was in sixth grade. Right away I was taught how to wash the outsides andscrub and clean the insides. That was my first job then and I still find myself doing it a lot today. Last February, I started mytwenty-second year of driving a school bus. I was a senior in high school when I turned eighteen and was able to obtain myschool bus endorsement and I have really enjoyed the last twenty-two years.

Much has changed in the bus industry since then and I know that it has not been fun for alot of operators in the association.These days our biggest concerns are the tight budgets we face with our school districts. It seems that every year when aschool district has to do budget cuts, the first place they turn to is transportation. We then have to show them what a valu-able service we provide and then prove that we are doing it as efficiently as possible.

Another big concern these days is consultants that are hired to evaluate the transportation program. I know that they are abig concern because I had one in Lake Crystal. But with the strong advice of the late Joe Beaton, I refused to work with thisconsultant and was able to get him out of the district. I then sat down with the Superintendent and school board, and weevaluated the program ourselves. No one on the outside of any district knows the transportation program better than the busoperator that serves that district.

There was a MSBOA board member that wrote a column a few years ago in thenewsletter and in that column he wrote, “If you don’t change with your school district,they will change without you.” I believe this to be very true and encourage all of youto always keep a good line of communication open between you and your Superin-tendent and school board.

These are just a couple of concerns that hit our industry every year.

I feel honored to have been elected to the MSBOA Board of Directors and I look for-ward to serving the association and meeting and talking to many of you in the future.

This is a very valuable organization, so please get involved.

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Place your orders now for MSBOASafety Folders, Coloring Books, and

the Stop & Stay Stopped Video!!!

7


News and Views

TRANSPEC AD.Superior Transit

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Summer Greetings By Doug Grisim, Lake City Bus Lines, Inc., Lake City, MN

Greetings to All:

Summer has finally arrived in Minnesota! 88 degrees and humid here in Lake City MN on July 2nd.

Our town festival " Water Ski Days" and the " Grand Excursion 2004" have taken place here in the past 10 days. That tellsme that it's time to buckle down and get back to business.

We hope your summer finds you enjoying your little bit of time off.

A special Thanks to all who made the summer conference at Breezy Point a huge success! For those who were unable toattend, please do whatever you need to do and plan on attending both the winter and the summer conferences next year.

I'm going to make this short. I have two points I'd like to make.

1. I challenge all members to seek out a fellow contractor who is not a current member of our organizationand get together with them and encourage them to join. Membership has many rewards and the more you get involved, themore that becomes evident.

2. Don't forget to schedule a special event for your employees. This great state has many offerings for group outings. Makethem feel special for their continous efforts! Their committment to our common goal is priceless!!

Have a great summer and see you in the fall.

Sincerely,Doug Grisim

2004 Minnesota School Bus SafetyRoad-E-O ResultsThe Annual Minnesota School Bus Safety Road-E-O was held at the Dakota County Technical College on June 5, 2004. Congratulations to the following drivers and companies!

CONVENTIONAL DIVISION1st Place: Bryan Kent, Voyageur Bus Company2nd Place: Dale Clementson, First Student3rd Place: Dennis French, First Student4th Place: John Gosselin, First Student5th Place: Alfredo Narvaez, First Student

FORWARD CONTROL DIVISION1st Place: David Mansfield, Ottertail Coaches2nd Place: Bruce Bersie, Buffalo Laidlaw3rd Place: Christopher Floyd, Bloomington Schools4th Place: Jerry Bung, Marschall Line5th Place: Julie Weller, ISD 138 - North Branch

NeNew Boarw Board Memberd Member::John Benjamin, Benjamin Bus, Inc.Hi my name is John Benjamin, I am 43 years old. My brother Larry and I provide school bus transporta-tion to the Northfield, Jordan and Montgomery-Lonsdale school districts.

I, along with 10 siblings, grew up on a small family farm 12 miles west of Northfield. My father operated a garage on our farm,where he repaired his customer's cars and farm equipment. There was always frequent opportunity to work with my father inhis shop or on the farm. After graduating from Northfield High School I attended Hennepin Technical College, I later attend-ed the University of Minnesota. In 1981 I went to work for Rosemont Inc. working in the aero-space R&D lab. I married mywife Wanda in 1982 and we have three children, Laure' 18 just graduated from Northfield High School, Adam 16 and Scott12.

In 1989, Ken Grisim of Grisim Bus, Inc. sold out to my brother Larry. Larry asked me if I would come to work for him at Ben-jamin Bus. After working for Larry for one year, he offered me the opportunity to buy into the company. We have operatedBenjamin Bus, Inc. for fifteen years. I feel at this point in my career, that it is time to take my experience with school trans-portation to a higher level. I look forward to serving you my fellow MSBOA members and the school bus transportation com-munity and, I would like to thank you all for giving me this opportunity.

8


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Acordia Insurance

Sarah Gardner of Acordia Insurancepresented an informative seminar onDOT and FMCSA regulations. Shecovered Drug and Alcohol regulations.You may think you have heard it allwhen it comes to these rules, however,the FMCSA is still fining companieswho thought they were in complianceevery day. Gardner can be contactedat:

Acordia Fleet Services4300 MarketPoint DriveSuite 600Bloomington, MN 55435Phone:952-563-0569

She is very knowledgeable and offersmonthly packages to those who wishto have a third party who specializes inkeeping them in compliance. Gardneralso covered driver qualificationrequirements, hours of service, driverwellness, employer responsibilitiesand employer recordkeeping responsi-bilities. If you were at the conferenceand wish to receive the power pointpresentation please send an email [email protected] and I can forwardone to you.

Rinke Noonan

Sharon Hobbs from Rinke-Noonanwas on hand to speak to conferenceattendees about Employee Termina-tion Issues. She detailed the variouslaws and agencies that govern the hir-ing and firing process. She broke theentire process down and walkedthrough what potential risks to look forwhen considering terminating some-one. Are they in a protected category?Are they litigation orientated? Whatdoes your personnel handbook haveto say about the issue at hand? Whatis in their employee file? Have youfallen into the trap of only saying goodthings about the employee in theirreviews and now need to get rid ofthem? Hobbs warned that being “Min-nesota Nice” often gets employers introuble. She warned how certain

actions that may cause the employeeto feel humiliated can raise the risk ofa claim. Hobbs went on to discusswhat post-termination issues can ariseby loose lips and when the final pay-check should be issued. Hobbs dis-cussed the new “employment refer-ence” statute. More information onthis law is included in this issue of TheOperator. However, she warnedemployers to go slowly on thisbecause it is uncertain as to how it willpan out in the courts.

Barrett Colombo gave a presentationon Business Succession. He dis-cussed the four basic reasons whybusinesses fail to successfully transferto the next generation. He warned thatit is a process rather than an event tak-ing a minimum of five years or possiblyeven ten years. He warned peoplenot to try to go through the processalone. You should talk with not only alawyer, but your accountant or finan-cial advisors and those whose opinionyour respect. He stated that if succes-sion is going to be successful, thenyou need to evaluate the persons whoyou believe may be succeeding youfrom an objective point of view. Youcan’t assume anyone will want to takeover you business. It is critical tospeak with them or have an outsideadvisor speak with them.

MN State Patrol

Duane Bartels spoke to the member-ship on June 15. He discussed out ofstate drivers at great length. Onceyour driver takes ONE trip out of state,they are considered to be an interstatedriver in the eyes of the state. Heinformed the membership that a CDLwithout a picture violates federal regu-lations. He warned members that thenews media has been asking to see alist of inspections and to observe aninspection. He does not know whatthey are doing with the information, buta story may be forthcoming. He cov-ered the changes with the adoption ofthe 2000 National Standards. He list-ed the website for the 2005 National

Standards Committee for those inter-ested. ( 14thncst.org ) Bartels willattend as part of the Minnesota dele-gation, Bob Duncan, Jan Dittbrenner,Mike Moran and Tom Hey round outthe group. Conference Attendees hadsome additional questions that areincluded in this newsletter as an insert.

9








Leasing & Financing




SeminarSeminars Prs Presented aesented at Summer Conft Summer Confererence:ence: An OvAn OverervieviewwBy Shelly Jonas

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Thank YYou tto tthe ffollowingvendors wwho ssponsored oour

Hawaiian Luau.These vendor members sponsored our recent Hawaiian Luau theme night at Breezy Point.

Please thank these vendors by patronizing them!!!!

Black FFinancial SServices, IInc.Grande AAmerican/United TTruck && Body/Bluebird BBuses

Hoglund BBus CCo., IInc.Interstate DDetroit DDiesel

Schmitty && SSons BBus SSales, IInc.Superior TTransit SSales, IInc.

Ziegler PPower SSystemsPrevost CCar, IInc.

ABC BBusSyn-TTech/Fuelmaster

Motor CCoach IIndustriesTranspec WWorldwide, IInc.

11

Six individuals were selected once again from around thestate as the cream of the crop when it comes to transportingstudents. The judge this year was Bob Fisher from theDepartment of Children, Families and Learning. Our thanksgo out to him as well as a hearty congratulations to the fol-lowing people listed below. They will also receive a $500scholarship in their name awarded to a school of theirchoosing.

Theresa Siebenaler – Faribault Transporation Co, Faribault, MN.Siebenaler is a 14 year special education veteran. TomMerrill, President of Faribault Transportation writes, “Shetreats each child as she would her own. Most of the childrenshe serves are those … from other parts of the world. Mostof the parents speak little or no English, but they understandthe actions of someone looking to serve them well.” A moth-er of two special education students writes that her sons arevery loud and often get to people, “but not Theresa…shealways has a smile on her face as if she’s tickled by hisexcitedness” and added that “she makes me proud of mybabies and always has something good to say about them.She’s the bus driver every parent wants.”

Karen Wold – Vision Transportation, Inc. Elk River, MNWold has six years of experience driving a regular route busin Elk River. Her manager writes that, “Karen rarely needsto assign consequences for negative behavior. When a stu-dent has gone to Karen with an issue, she listens and willwork with them to reach a compromise…[she] uses positivereinforcements with the students by handing out rewardssuch as personalized pencils, cool erasers and thank youcards.” Wold is the type of person that many people go tojust to talk about their problems. She makes time to listenno matter how big or small the problem may be. In her freetime, she organizes food, clothing and toy drives for peoplein need.

Karen Stahlman – Vision Transportation, Inc., Elk River, MNKaren is a special ed route driver with 28 years of experi-ence. A former co-worker writes that Karen is the type of dri-ver “we wish we had more of”. She is described as“dependable, energetic, enthusiastic, caring, trusting, andalways wanting to do the right thing.” The former Trans-portation Director of her district writes that the best compli-ment he could pay Stahlman is by saying, “I would wish thatshe were my child’s bus driver. She consistently has showngreat care and concern for the students she transported.”

John Holl – M & M Bus Service, Inc. Annandale, MNProfessional is the word that keeps popping up in the letters

of recommendation submitted on behalf of John Holl. Hollis the driver’s trainer at M & M Bus and a nine year veteran,although he’s been driving bus on and off for 22 years. Theelementary school principal writes that Holl provides the bussafety course to students at her school each fall and “doesan amazing job! Each lesson is structured precisely at thedevelopmental level of the students. The lessons are enter-taining and filled with learning. Mr. Holl is a natural whenworking with children in an instructional setting.” A formerprincipal and recently licensed school bus driver writes, “[I]wanted to tell you what a positive impression I had when Ispent some time with your driver trainer. He was very pro-fessional and thorough.”

Patty Zieske – Stahlke Bus Service, Delano, MNThe superintendent of Delano schools wrote a letter regard-ing a program that Zieske implemented on her bus whereher aide would read from the Harry Potter series while thestudents were in transport. Prior to starting the program,there were disciplinary incidents, but this program caughttheir attention and the kids were enthralled. He finished theletter, “Over the years, I have seen many drivers that do anexcellent job with children, but prior to this I have never seena driver develop such an innovative program as the onementioned above.” Zieske has been driving for 18 yearsand mainly transports students with disabilities. The DelanoTeachers’ Association recently honored her with a Friend ofEducation Award. The president of the association writes,“[the students on her bus] all had handicaps of some kindand probably could never have read these books on theirown. Patty and her partner read, asked questions, made upgames and had prizes pertaining to the chapters. Becauseof that, now when the children are out in the world hearingabout Harry Potter they can join in and be one of the crowd.Such dedication and innovation went way beyond her job asthe bus driver”.

Joe Plude – Vision Transportation, Inc. Rogers, MNJoe Plude’s smiling face and up-beat personality wins overstudents and co-workers alike at Vision Transportation.Plude has 11 years of experience and works as a mechan-ic and shop foreman. His supervisor, Mark Ostwald writes,[Plude] has always treated everyone around him with theutmost respect. If there is ever an area of concern, Joe hasan excellent ability to clearly state the facts to the appropri-ate staff/co-worker and works closely with them to reach anacceptable, workable solution.” Plude himself states that hisfavorite part of his job is being in WalMart when a littlekindergartner will “whisper” in the loud way that only 5 yearolds can, “THAT’S MY BUS DRIVER!!!”

2004 Transportation Specialist

Award RecipientsPictured from left to right: Karen Stahlman, Joe Plude, JohnHoll, Patty Zieske, Karen Wold, Theresa Siebenaler

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In This Issue:Employment Notes to Business Clients . . . . . . . . . . . . . . . . . . . . . . . . . . . .4From the President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2Legislative Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3News & Views . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7Transportation Specialist Award Recipients 2004 . . . . . . . . . . . . . . . . . . .11

22000044 CCaalleennddaarr ooff EEvveennttssNational School Bus Safety Week

October 18-23, 2004

Annual Joint MSBOA/MAPT Winter ConferenceFebruary 11-12, 2005


MSBOA Summer ConferenceJune 12-14, 2005

Breezy Point Conference CenterBreezy Point, MN

Remember to placeRemember to placeyour orders for theyour orders for the

MSBOAMSBOA Safety Folders!!!Safety Folders!!!Order Forms are included in this issue of The Operator.Orders placed after August 1 cannot be guaranteed to

be delivered by the start of the new school year.

New Design

for 2004-2005!

Volume 34 Issue 8September 2004

22000044 NNSSTTAA AAwwaarrdd WWiinnnneerrssRoger Millner,

M & M Bus Service, Inc.Annandale,

MN was presented withthe NSTA Hall

of FameAward.

Lyle Hicks, Hicks Bus Line, Inc.

Litchfield, MNwas presentedwith the NSTADistinguished

ServiceAward.

Mike Krois,Voyageur Bus,

Duluth, MN was presented with the NSTAGolden Merit

Award.

Mike Hennek,Palmer Bus Service, Inc.

Westonka, MNwas presentedwith the NSTAGolden Merit

Award.

“He has served on virtually every state board and committee thathas anything to do with school buses. His calm and compassion-ate manner has on many occasions, brought resolution to toughquestions and decisions. He can be counted on to look past per-sonalities and stay focused on the goal at hand.”

“For Lyle’s work as a tireless, effective, and familiar voice of lead-ership regarding issues, and school bus safety within our state leg-islature, industry organizations, and among our fellow school busoperators.”

“It is clear that he has high expectations for both his drivers andhis vehicles. He and his company have been quick to respond toany concerns we raise. This has been a constant and consistentpart of our relationship with his company. Additionally, Mikehas a real heart for children - something essential in this business.”

“Mike has worked with the St. Peter Police Department for manyyears resolving conflicts with parents, students, community andschool. He has donated bus services from Palmer for many out-reach programs and serves as an elder in his church.”

Congratulations to our NSTA Award Winners - You make MSBOA Proud!!!

2


20042004


320.594.8228

JOHN BENJAMIN, NORTHFIELD507.645.5720/FAX 645.5635








GAYLEN LENZ, LAKE CRYSTAL507.726.2832/FAX 642.3697




















FROM THE PRESIDENT


DELANO, MINNESOTA

As I am writing this letter, we are just gearing up for the upcoming school year 2004-2005.

The 40th Anniversary NSTA convention in Minneapolis was informative and wellattended by our Minnesota Members. Here is a little of the history of NSTA.

In 1964, the National Association of School Bus Contract-Operators (NASBCO) origi-nally got together to talk about the unfairness of the 10% excise taxes of their buses.They formed the NASBCO and elected as President, JW "Skip" Tinnen, a charismaticoperator from Missouri. Skip, with the help of Mel Brydlik, then editor of School BusFleet, led the newly formed group to a victory over the 10% tax. The following year,1965, NASBCO held a successful convention in Minnesota at the Thunderbird Hotel.Over the years, NASBCO’s named changed to what we know it as today the NSTA.The motives of the founding members are what hold the membership together. Areminder of the benefit of membership being the repeal of the excise tax. It was verymotivating to see private contractors from across the nation having the dedication tothe safety of the precious cargo carried on a school bus.

Four MSBOA members received awards during the convention. Roger Millner wasnamed to the Hall of Fame receiving recognition for excellence in long term efforts onbehalf of pupil transportation. Lyle Hicks, received the Distinguished Service Award,recognition for special contributions to pupil transportation contracting. In addition,there were two Golden Merit Award recipients, Mike Krois, and Mike Hennek. TheGolden Merit Award is for excellence of service, safety and outstanding demonstrationof community responsibility.

CONGRATULATIONS TO ALL OF YOU!!!!!!

As we start this 2004-2005 School Year, it was interesting to look back at the schoolbus industry in the past. Some things have changed, but the message for 40 - 50years remains the same, safely transporting precious cargo to and from school.

Have a Safe Start!!!!!

With this cool weather in August, it does make one think about fall and the beginning of anotherschool year. As usual, the summer went by too fast, but fall is just as great!

Since my last report there has not been a Special Session to finish up the unfinished business of the2004 legislative session! However, the Governor has been busy this summer. He has "repaired" anumber of the unresolved legislative issues, at least enough to hold them together into the 2005 ses-sion. The biggest "outstanding" disappointment was the lack of a bonding bill that would have assist-ed the economy in terms of additional new construction jobs. In addition, the Governor selected anew Education Commissioner - Representative Alice Seagren of Bloomington. She goes to work onSeptember 1 and is expected to be confirmed by the Senate next year.

As a follow up to the NSTA conference meeting held in Minneapolis in July, we are attempting to set up an MSBOA meet-ing with Congressman Jim Oberstar to discuss concerns over some of the language in his "Safe Routes to School" legisla-tion that is included in the federal Transportation Funding Bill. Oberstar, a strong friend of the industry, is also a very strongproponent of bicycle riding for transportation and exercise.

According to the Oberstar website, "Forty years ago half of our kids walked to school. Today that number is only 10 percentand only two percent ride bikes." His efforts are geared at getting more kids to ride their bikes to school and getting moreexercise. While MSBOA and NSTA certainly agree with the importance of exercise, we are trying to stress the safety ofschool buses in transporting our kids to and from school. We are sure that Congressman Oberstar would agree that manychanges have occurred over the last forty years in terms of dangerous conditions due to super highways and fast secondaryroads.

His language and the transportation funding bill are expected to be conferred and passed yet this year, but after the elec-tion. Note that Congressman Oberstar's name is being mentioned as a possible Secretary of Transportation under a JohnKerry Administration!

In state news, the "Biodiesel by Choice" Coalition met in August. The group, whichMSBOA belongs to, will be reviewing the new law that requires nearly all diesel sold inthe state to contain two percent biodiesel (B2) by July 2005. The law, passed in 2002,is similar to the current law that requires virtually all gasoline in the state to contain 10percent ethanol. By next July, Minnesota will have to replace an estimated 16 million gal-lons of diesel fuel with locally grown and produced biodiesel. Minnesota is the only statecurrently requiring the cleaner, renewable components to be blended in its transporta-tion fuels.

However, a key provision in the law says that the requirement won't take effect until Min-nesota has production capacity of at least eight million gallons of biodiesel. Currently, wehave zero! Most of the biodiesel in use by farmers and some outstate stations comefrom plants in Iowa and Kentucky. This provision will be the main discussion point of theCoalition and probably the 2005 legislature.

As we can see from the presidential politics, the campaigns are underway! No doubt youhave seen your local candidates in action - at the parades, festivals, and fairs! The entire134 members of the Minnesota House of Representatives are up for election thisNovember. They will be asking for your support this fall in terms of votes and dollars.

Under Minnesota law, a family that files a joint income tax return can contribute up to$100 per year to state office candidates and receive a check back from the Departmentof Revenue. If you file state taxes as an individual, you can get the first $50 back. Whenyou present a check to the candidate, they will mail you a form that you have to fill out,sign, and mail into the state.

Continued on page 4.

3

Black FinancialSERVICES, INC.P.O. Box 346 Avon, MN 56310

(800) 279-2374






Mutual FundsIRA’s




In June the National School Transportation Association announced the recipients of NSTA’s Clean School Bus Subgrantawards at the EPA Retrofit Conference in Washington, DC. The awards are theresult of a $500,000 grant to NSTA from the EPA to fund demonstration projectsto reduce diesel emissions from school buses in school districts served by privatecarriers.

The school district/contractor partnerships chosen for funding represent a diversecross section of the population, including rural, suburban and urban communities.They will incorporate five different retrofit technologies. The recipients togetherhave contributed an additional 40% in matching funds, allowing NSTA to maxi-mize the EPA funding.

One of the grants was awarded to Palmer Bus Service and Mankato IndependentSchool District #77 to retrofit 45 buses with diesel oxidation catalysts.

MSBOA members are encouraged to get interested in the House races, attendthe meetings, and contribute to one of the candidates if you like what you hear.It is a good investment in your industry, your community, and your state!

The Legislative Committee will be reorganizing and beginning its work afterLabor Day for the 2005 session. If you would like to serve on the LegislativeCommittee or have any public policy concerns, contact Kurt Schumann ofLaidlaw Education Services and MSBOA's Legislative Committee Chair at763-533-0313 or email him at [email protected] or you can contactme directly at 651-293-9295 or email me at [email protected].

4



Call


MINNESOTA COMPANY

LEGISLATIVE UPDATE CONTINUED FROM PAGE 3.

NSTA Clean School Bus Grant Awarded toMSBOA Member

5

GET SOMEONE TGET SOMEONE TO JOINO JOIN

MSBOATODAYTODAY

The MSBOA has redesigned and purchased 100 of these full color, eye-catching, billboard size posters with safety funds. The MSBOA has ad agencies in all areas of the state ready to put

them up in your area. The cost is $150.00 for a 30 day billboard. This is an excellent way to educate the driving public on the importance of school bus stop arm laws and

a great reminder in the fall of the year!

If you are interested in having a safety billboard in your area, please contact: Mark Devore at Lamar Advertising 320-253-3000 or 800-777-4896.

YYYYoooouuuu CCCCaaaannnn HHHHaaaavvvveeee TTTThhhhiiiissss BBBBiiiillllllllbbbbooooaaaarrrrdddd IIIInnnn YYYYoooouuuurrrr TTTToooowwwwnnnn!!!!!!!!!!!!!!!!

Transportation Issues Study CommitteeThe 123rd Meeting • July 28, 2004Next Meeting: September 22, 2004, 9:00 am to Noon

Approval: The summary of the June meeting had the wrong date. The meeting was held on June 23. The summary of theJune Transportation Issues Study Committee meeting was approved as corrected. All committee members who still have theJune meeting summary are encouraged to make the correction to the date.

STN Outstanding Women in Transportation: Fischer reported on the nomination of Jan Dittbrenner by Denny Coughlin. Noword yet, but it looks promising.

HF 1815 Efficiency Reviews for Public Schools: Bob distributed a copy of the bill that was introduced in the 2004 session.Since it was introduced, it should still be alive for the 2005 session. This bill may answer the many concerns about doingreviews of transportation efficiency.

New FMVSS 403/404: These standards on wheelchair lifts have been revised and will become effective on 12/27/04. Man-ufacturers will still be able to install old lifts after that date until their inventory is used up. Districts/contractors who are plan-ning on buying a lift bus may want to insist that the new vehicle be equipped with the new lift.

Education Finance Reform Task Force Recommendations: The Task Force's recommendations have been released. Trans-portation was not specifically mentioned.

NAPT School Bus Technicians/Inspectors Competitions: NAPT will be sponsoring national competitions for technicians andinspectors. Maybe this is a subject for the School Bus Safety Committee to review with a goal of sponsoring state competi-tions. The mechanics group may be interested in the technician part. Also, with the move toward self-inspection, it may bea good time to start a technician competition. Bob will take the ideas and materials to the School Bus Safety Committee todetermine their interest level.

Seat Belts on School Buses/Governor's Office: Bob received a request for informa-tion relative to seat belts on school buses. The request came from the Governor'soffice. Bob distributed a copy of his response and told of a return phone call. Thisissue may surface again in the next session of the legislature.

New School Bus Driver Driving Eligibility: Emily White sent out a DPS memo intend-ed to clarify the necessary procedures to be followed prior to permitting a new schoolbus driver to operate a school bus with passengers.

St. Paul Union Contract Clause: A Pioneer Press article relating to the union contractclause in the St. Paul transportation contract was distributed. The St. Paul SchoolBoard backed off it recently in the face of a lawsuit.

"Legal Routes" for July 2004: Several articles from Legal Routes were discussed.They included:

1. Training Drivers: Burns' Best Betsa. Know when to share, when not tob. Know, and follow, policies and proceduresc. Don't make up your own rulesd. Recognize, and address promptly, situations that threaten student

safety e. Recognize the impact school transportation can have on the

educational program 2. Florida Court Holds Bus Videos are Confidential Records3. Michigan district Prevails in Revoking Curb Service4. Time spent taking annual physical exams (including wait time and travel time)

when the exams are required by state or federal law are considered hours worked under FLSA.

6

What's Your New Idea?B Y L Y L E H I C K S , H I C K S B U S L I N E , L I T C H F I E L D , M N

What a great time of year. Vacation is over and routes are done! Have you ever really thought about how or why you doyour routes the way you do? Have you ever wondered why we transport so many students in the great state of Minnesota?It's a great wonder why kids have to ride a bus to school, but can ride their bikes or walk to the school during the summerand after school hours? Ever wonder how you could change the way your school transports kids?

The single biggest answer to the above questions is "money". Over the past 50 years, the public has demanded better andbetter service and our great Legislature has been willing to pay for it. As we all know, this is no longer the case, and we needto change, too.

You should be asking yourself the above questions every day…because these are the questions your school board mem-bers are asking. You certainly don't want to wait until they come to you and tell you that a consultant has recommendedchanges. Changes (many of which you really do know would work) which force you out of your comfort-zone and may makeyou do things differently than during the last 30 years!

It's time to take stock of the "global" situation in your district. The times they is a changin' and we need to be changin' with'em. "WE" need to be making recommendations to our districts every year, and for good reasons. If you recommend thatyour district make significant changes in the way it transports students, then you need to be sure that there is a good reasonfor it. School boards don't typically like to make changes any more than you do, and they will generally look at two reasonsto make change. The first is to establish or re-establish fairness, and the second is for saving money.

If you suggest cutting routes to a part of town or within a certain walking distance, you better be ready to really cut costs tothe district…and that doesn't mean simply asking for a smaller increase. Real cuts are what they are looking for. Otherwise,why would they make their constituents angry so you can save money?? Or you need to show them that by making thechanges, it would be more fair to the greater mass of students.

Make the changes significant. New routes, longer rides, new transfers, split bell times, fewer routes, etc. Whatever theyare, don't take the easy way out! Work hard to try to come up with a less-costly way of transporting kids so that your districtwill look to you for answers, and not to outside "consultants".

It's the time of year for routing students. This is the time when we need to be partnerswith the school, not just contractors for the school. Make those changes and show yourdistrict that you really are working hard to be part of the solution. And…as important asanything…make sure that you will remain profitable after the changes are implemented.Profit pays for safety.

Good luck to you all. Have a safe and prosperous 2004-05 school year.

7


News and Views

TRANSPEC AD.

NY GOVENOR PROMOTES CLEAN FUEL SCHOOL BUSES

New York Govenor George Pataki has introduced legistation intended to protect the health of the state's school children byreducing school bus emissions and encouraging districts to purchase clean fueled school buses.

Districts purchasing clean buses would be reimbursed part of their costs. Older schoolbuses will have to use ultra low sulfur diesel fuel. Districts will also be required to devel-op best management practices for schools to alleviate the impact of school bus exhaustfumes at school facilities. The provision would take effect September 1, 2005 for NewYork City and Long Island and September 1, 2006 for the rest of the state. Patakibelieves that by requiring all diesel fueled buses to only use ultra-low sulfur diesel fuelemissions from school buses will be greatly reduced.

STATES CONCERNED ABOUT SEX OFFENDERS AT BUS STOPS

Ohio law provides that convicted sex offenders can't live within 1000 feel of school prop-erty. However, the Attorney General is concerned because school bus stops are notincluded in that because bus stops are not school property. Lawmakers are concernedabout the situation as well, but realize that enforcement could be a problem, especiallyin urban areas.

Florida recently added bus stops to their list of prohibited places. School districts willhave to relocate any bus stops currently located within 1000 feet of where an offenderlives. The state realizes that there could be unintended consequences of the new law,including that children may have to walk by an area where a pedophile lives to get to abus stop.

The National Highway Traffic Safety Administration haspublished guidelines for use in emergencies when studentswho use wheelchairs must be moved.

In an emergency, the driver must stay calm and stop in asafe area off the traveled roadway. The driver must consid-er what equipment is needed for evacation, who can helpremove students and where emergency services are alongthe bus route. If the decision is made to evacuate, NHTSAreminds the driver to explain what will happen using simple,concise directions.

Other NHTSA advice includes:

• Use all exits if possible and get students to a safe placeaway from the vehicle. The driver should test their lifting abil-ity first. If the student weighs too much, use another method.The rule of thumb is not to lift anyone more than half yourweight.

• Get a good grip on the student or the student's clothingusing the palms, not just fingers. Squat, keeping heels on

the floor getting as close to the student as possible.

• Lift the student without jerking. Keep the chin tucked inorder to keep a straight back and neck line. Take small stepsand keep the student close to the body. For students withpoor muscle control, keep the student's arms and legs fromflopping and support the head and neck.

• Place the student's near arm over the driver's shoulder.Place one arm behind the student's shoulders and the otherunder the student's knees.

• Move students in wheelchairs as close to an exit as possi-ble.

• If there is another person to help with lifting. The taller per-son should stand in back of the student and reach under thestudent's arms and grab the wrists or clasp across the chest.The person in front should lift the lower extremities under thethighs and hips.

For more information: www.nhtsa.gov

8


FM 2-WAY RADIOS






NHTSA'S GUIDELINES ON EVACUATING WHEELCHAIR STUDENTS

Around the Nation

Chairperson Frank Zeman called the meeting to order at 9:50AM on June 16, 2004. Introductions were made. Jim Con-nolly welcomed everyone to the South Metro Exam Station. He talked a little about some additional reorganization andthere should be a new driver's license in September which has more security measures than in the past.

Secretary's report- Approved as presented.

Law Compliance-Duane Bartels was not in attendance but passed along information that the legislature passed thechange for equipment standards to adopt the 2000 national standards. He will be working on updating these and will havethem on the web when completed.

Train the Trainer - Dates for 2004 are July 13-16 in St. Cloud. Registrations are beginning to come in. A bus taking staffmembers up to review the driving course for the training will be leaving from Anoka Hennepin area on June 25 at 10:30AM.

Poster Contest - Frank Zeman will check with Jeff Mueller to see if he got the sav-ings bonds for the winners.

Road-E-O - The road-e-o went very well. Frank passed out the written results.Thanks to Sherry Case for chairing this event. It was a success. The nationalschool bus road-e-o will be held this year in Minnesota at the same location in July.Applications are being accepted for judges for this event to Mark Vogel or BruceDishinger.

Security Around the School Bus -No report but they are hoping to have this com-pleted by Train the Trainer in July.

New Business - Judith Franklin gave a demonstration of the continued updates onthe driver license on-line system. There was talk about a way to do a whole batchof drivers at one time. More information on how to do this will be sent at a latertime. Thanks to Judith and her department for their continued efforts on behalf ofour group to streamline this system and make it accurate.

Meeting was adjourned at 11:10 AMRespectfully Submitted, Emily White

Meeting Schedule and location. Meetings are scheduled the 3rd Wed. of eachmonth.

Upcoming meetings:September 15-We need a site for this meeting

9









Leasing & Financing





10

There were a couple of questions asked at the Breezy PointSummer Conference I was unable to answer. I have theanswers provided for you in this article.

Q: If a school bus driver drives school bus and then drivesa non-school bus trip, and the driver completes a log book isthe driver required to have the previous 7 days of log in theirpossession?

A: The driver is only required to have copies of log sheets ifthe driver was required to log. If the driver drove school busonly for 6 days then a log sheet would not be required. Justremind the drivers they will be asked what they did and howmuch work they did.

Q: Can a school bus company that does not have a contractto provide transportation to and from school but does trans-portation for extra curricular trips - can they have SB platesor must they have BY plates?

A: The law reads: School buses used exclusively for thetransportation of students under contract with a school dis-trict or used in connection with transportation for non-profiteducation systems. If a carrier only provides for extra cur-ricular trips would be considered to have a contract with theschool and the use of SB plates would be permissible.

Q: If you suspect a driver is under the influence of a sub-stance should you call a law enforcement officer?

A: You must at a minimum comply with the federal regula-tion for drug and alcohol testing requirements and the driverwill be tested according to those regulations. If youobserved the driver drive their own vehicle to the garage ornoticed something after the driver drove the bus than itwould be a good idea to call law enforcement in to check thedriver. Remember under the federal regulations the test willbe for the 5 specific drugs and a police officer can check forother substances.

Hours of Service as it relates to school bus transportation:

The federal regulations say that school bus operation is: theuse of a school bus to transport only school children and/orschool personnel from home to school and from school tohome. Minnesota law includes school related activity.

As a school bus operator, if you provide from home to schooland school to home and do school related activities and staywithin the state of Minnesota, currently there are no regula-tions that apply to you or your driver for hours of service orwork. This all falls under the umbrella of school bus trans-portation.

As school bus operators you get asked to do extra curricu-lar trips for the school and you stay within Minnesota. Thiswould be sports or class field trips. Many operators call thistrip a “CHARTER”. Just remember, this is still school bustransportation and you are not subject to federal regulationson hours of service.

There are things you need to be concerned about when youdo extra curricular and if the trip goes across the state bor-der. Because you have now left the state of Minnesota youare no longer considered school bus transportation, you arenow considered interstate transportation, because you arenot doing school bus operations by federal definition andyou also lose the MN school related activity exception.

When you go interstate you must comply with all federal reg-ulations for interstate transportation. This now includeshours of service, physical qualifications, drivers age, andinspection and maintenance of vehicles.

There are border school bus carriers. Should you have toprovide transportation across the border and it is not fromhome to school or school to home then you must complywith all federal requirements. If the transportation is fromhome to school and school to home that is school bus trans-portation.

Many carriers provide non-school bus transportation in aschool bus. This is considered “CHARTER” work. If you dothis - then you now become involved with state and federalregulations on passenger or people transportation. Whenyou do non-school bus transportation (Charter) then thehours of service regulations apply to you. Some examplesof charter are: Boy Scouts/Girl Scouts, local church trips,American Legion or VFW trips, etc. It includes all trans-portation that a public school or private school did not spon-sor.

As a school bus operator just keep in mind who you aretransporting and the type of transportation you are providingwill determine the regulations you must compy with. Allschool related transportation within Minnesota is school bustransportation - and hours of service DOES NOT APPLY. Ifyou do transport across state lines and you are not doing toand from school transportation - you are considered aninterstate carrier and must comply with all federal regula-tions for that transportation. If you do non-school bus trans-portation then you must comply with federal and state regu-lations.

Transportation Questions Posed at the Summer ConferenceBy Sgt. Duane Bartels, Minnesota Department of Public Safety

11

Following is a summary of the lawsaffecting pupil transportation that werepassed during the 2004 LegislativeSession. Some of the information forthis article was obtained from sum-maries prepared by department andlegislative staff.

School Safety Patrol. Authorizesschool safety patrol members to wearSam Browne belts, vests, sashes, orponchos in the colors of flourescentyellow/yellow-green, or blaze orange.Allows school safety flag to be eitherblaze orange with a yellow octagonbearing the words “STOP” in black let-ters or flourescent yellow/yellow-greenwith an octagon of sharply contrastingcolor bearing the word “STOP” in blackletters.

Children of Divorced Parents.Allows parents who are legally sepa-rated or residing separately in differentschool districts to designate the districtof residence for their child. (This sameauthority currently exists for divorcedparents). In addition, when a childwhose parents are legally separated,divorced or residing separately,resides with each parent on alternateweeks, the parents shall be responsi-ble for the transportation of the child tothe border of the resident school dis-trict during those weeks when the childresides in the nonresident school dis-trict.

Student School Bus Safety Train-ing. Adds an option that students ingrades seven through ten who havenot previously received school bussafety training may receive bus safetyinstructional material instead of schoolbus safety training. Students takingdriver’s training instructional classesmust receive training in the laws andproper procedures of operating amotor vehicle in the vicinity of a schoolbus. Previously this training was limit-ed to students in grades nine and ten.In addition, nonpublic schools with stu-dents transported at public expensemust provide students in gradeskindergarten through three with schoolbus safety training twice a year andconduct a school bus evacuation drill

at least once a year. Public schoolsare already required to provide thislevel of training.

Vehicles Exempt from Tax orLicense Fees. Clarifies that leasedvehicles are exempt from certain taxand license fees.

School Bus Definitions. Changesthe definitions of school buses in Min-nesota to agree with the definitionscontained in the National SchoolTransportation Specifications and Pro-cedures handbook. In addition, a mul-tifunction school activity bus asdefined by Federal Motor VehicleSafety Standards is excluded from thedefinition of a school bus. (Note: Amultifunction school activity bus isdefined as a vehicle that is sold forpurposes that do not include trans-portation between home and schoolfor students from kindergarten throughgrade 12. This bus is exempt fromrequirements for traffic control equip-ment and, therefore, cannot be paint-ed yellow. It is still required to meet allother school bus safety standards.)

Stop Signal Arms. Allows schoolbuses to be equipped iwth more thanone stop signal arm and modifies thelanguage on operation to incorporate asystem of stop arms instead of a sin-gle arm.

Stobe Lamps. Removes the limits onplacement and design of strobe lampson school buses.

National Standards. Changes thereference to the 2000 National Trans-portation Specifications and Proce-dures from the 1995 edition of thespecifications. In addition, this sectionclarifies that the new specificationsapply to school buses manufacturedafter October 31, 2004 and to schoolbuses that are leased.

Tires and Rims. Prohibits the use ofmulti-piece rims or tube-type tires onschool buses manufactured afterOctober 31, 2004.

Reflective Material. Eliminates refer-

ences to reflective material on schoolbuses in state statute because thesespecifications are covered in the 2000National Specifications and Proce-dures handbook.

Insulation. Provides for ceiling andwall thermal insulation that is fire-resistant, UL approved and that has aminimum R-value of 5.5. In addition,the insulation must be installed to pre-vent sagging. Provisions for floor insu-lation are also included.

Lamps and Signals. Eliminatesspecifications for the eight-light warn-ing system from state statute becausethese specifications are covered in the2000 National Specifications and Pro-cedures handbook.

Seat and Crash Barriers. Eliminatesthe requirement that all seats face for-ward.

Crossing Control Arm. Allows busesequipped with a crossing control armto have an automatic recycling inter-rupt swich to temporarily disable thearm.

License Verification. Limits theannual license verification to personswho regularly transport students for adistrict in Types A, B, C and D schoolbuses and Type III school vehicles.

Repealer. Effective October 31, 2004,the following sections are repealed:Minn. Stat. 169.447 subd. 6, Overheadbook rack, Storage Compartment;Minn Stat. 169.4502, subd. 7, ExhaustSystem; Minn. Stat. 169.4502, subd. 9,Fuel Tank; Minn. Stat. 169.4502, subd.13, Air Cleaner; Minn. Stat. 169.4502,subd. 14, Clutch, Minn. Stat.169.4503, subd. 10, EmergencyEquipment, Fire Extinguisher; Minn.Stat. subd. 10a, Emergency Equip-ment, First Aid Kit; Minn. Stat.169.4503, subd. 21, Stop Signal Arm;and Minn. Stat. 169.4503, subd. 25,Driver Compartment.

Summary oof 22004 LLegislative CChangesFrom: “ Pupil Transportation Vehicle”

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In This Issue:Around the Nation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8From the President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2Legislative Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3News & Views . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7Questions Answered from Summer Conference . . . . . . . . . . . . . . . . . . . .10

22000044 CCaalleennddaarr ooff EEvveennttssNational School Bus Safety Week

October 18-23, 2004





A New MSBOA Member!Congratulations to Shelly Jonas, and her husband Kurt

on the birth of their daughter.

Kathryn (Kate) Louise JonasAugust 3, 2004

9 lbs. 13 oz.

Volume 34 Issue 9October 2004

A good driver’s trainer is probably one of the most criticalpositions at your organization. You cannot simply give thejob to the one who has been there the longest. The driver’strainer must have a multitude of skills that the average dri-ver may not possess. Not quite a manager, a driver’strainer might fly under your radar as far as evaluationsgo, but that would be a serious mistake. This personmakes a big impact in areas such as driverretention and employee job satis-faction as well as training andmaintenance costs.You need to makesure you havethe right persondoing this importantjob.

Consider this:You show upfor your firstday at a newjob. The firstperson you meetfills you in all thegossip about your soon-to-be coworkersand even (gasp!) the boss and the boss’s wife. He com-plains constantly about the needy customers you willencounter and even points out where the most troublesomecustomers live. He grumbles about the benefits (or lackthereof in his opinion) you will receive. How would you feelabout this new job so far? You are poisoned before youeven begin. A positive attitude is essential to the driver’strainer position. He or she will set the stage for how the newperson perceives your operation.

Your trainer will also set the example your new recruits maymodel their conduct after. If he or she takes shortcuts intheir work, you can bet the new recruits will pick them up aswell. Your trainer must take the job seriously. They mustshow up for training on time. Your new drivers will know

what you consider acceptable as far as their appearancegoes or how much milking the clock you will tolerate bywatching the driver’s trainer.

Patience is a virtue and that is definitely the case with any-one in a teaching position. The trainer must be able to go

over alley backing or other maneuvers as manytimes as is necessary. Everyone has differentlearning curves. A potential driver could come in

needing to get over a fear of driving such alarge vehicle or he may be

impatient thinking heshould be able to pick

up his license in aday or two. Thetrainer has to be ableto adapt to both men-talities and adjust his

or her teaching style asneeded.

Unfortunately, a trainermay be the target of discontented workers.There may be senior people who feel theyare more qualified simply because they’vebeen driving for X number of years. For that

reason, you might want to make sure the trainer you havehas a little bit thicker skin. You may also want to avoid a dri-ver who hangs out in cliques and will be tempted to divulgethat a certain recruit failed twice before finally passing or thatthey almost crashed into the shop. All the other drivers willlook to the trainer (whether they admit it or not) as some sortof role model. You hand selected them for some reason andthe drivers will be curious as to figure out why. Therefore,you need someone who is mature enough to handle theresponsibility in a professional manner.


Driver’s TrainersHave You Picked the Best Candidate For the Job? Shelly Jonas

MSBOA October 2004.qxd 9/27/04 3:08 PM Page 1

2

BOARD OFDIRECTORS

20042004


320.594.8228

JOHN BENJAMIN, NORTHFIELD

507.645.5720/FAX 645.5635


MIKE CLARK, FERGUS FALLS

218.739.3393/FAX 739-5564






GAYLEN LENZ, LAKE CRYSTAL

507.726.2832/FAX 642.3697




















FROM THE PRESIDENT

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STAHLKE BUS SERVICE, INC.DELANO, MINNESOTA

I hope all of you had an uneventful start to the school year. We were waiting for theother shoe to drop ours went so well.

It has been 3 years since taking on the job of being the President of MSBOA. As Ireflect over the last years, I have made great friends and contacts all over the State ofMinnesota and the USA. I have had the opportunity of hosting a National Convention,Seeing the first recipient of the Joe Beaton Scholarship, hosting Minnesota conven-tions, and watching 3 years of transportation specialist recipients, hiring a new Attor-ney, and lobbyist. We have watched the ever changing laws and regulations, seen newbus designs, just to name a few things. Wasn't it yesterday the board meeting wasturned over to me as I was elected? Boy was I nervous! You all survived the firstWoman President of MSBOA.

This is a great organization the contacts and people I have had the opportunity to workwith over the years have given me a life experience. I have grown, learned andmatured.

When I started, my thought process was not what it is today.

As I have written so many times, there is so much talent on the Board of Directors ofthe MSBOA and I have had the opportunity to be their leader. As I am leaving, I hopewe can take MSBOA to another level we need to be the best school bus transportationspecialists in the State of Minnesota. "The Go To People".

I do bleed yellow; MSBOA and the Safety of Our Children in Minnesota have alwaysbeen foremost in my mind.

Thank you for giving me the opportunity to be your President this past 3 years.

Julie Bernick


Labor Day has come and gone! School is in and the buses are rolling! There is always somethingnice about early fall.

I am writing this on a day when President Bush is visiting Minnesota-again! This presidential cam-paign year has had Minnesota high on the "target states" list and has featured numerous visits fromJohn Kerry, John Edwards, Dick Cheney, George Bush, their wives and family members, as well askey high rating political big hitters! All polls have this race very close and it appears Minnesota's 10electoral votes are very, very important to both parties!

Interest in the campaigns for the Minnesota House appears to be increasing as we get closer and closer to Election Day inNovember. While the primary election on September 14 fine toned the races a bit, it is difficult to read what might happenin the November election to the 82 Republican seats and 52 Democrat seats in the House. While all elections are local, itis possible that some of these House races will be affected by the way the presidential election goes in their area. We willknow in less then two months.

I have been attending fundraisers and getting to meet many of the new folks running for the Minnesota House of Repre-sentatives. Most, if not all of the candidates, have a lot of experience and background and strong interest in pubic service.With all the parades, city festivals, and county fairs, I hope and trust that MSBOA members have had a chance to meet andgreet their candidates for the House. If not, there is still time to read their literature, attend a coffee party, or catch them asthey come by door-to-door.

Under Minnesota law, a family that files a joint income tax return can contribute up to $100 per year to state office candi-dates and receive a check back from the Department of Revenue. If you file state taxes as an individual, you can get thefirst $50 back. When you present a check to the candidate, they will mail you a form that you have to fill out, sign, and mailinto the state. Within a month you get $50 or $100 back from the state!

MSBOA members are encouraged to be involved in the House races, attend a meeting, and contribute to candidates thatyou support. It is a good investment in your industry, your community and your state!

One of the fundraisers I attended was for Congressman Jim Oberstar, the highest rank-ing Democrat on the U. S. House Transportation Committee. He talked to the attendeesabout the need to invest more in our transportation system in order to create jobs andget goods and services to market in a timely matter.

I presented Mr. Oberstar with a letter from MSBOA regarding our concern over the lan-guage in his "Safe Routes to School" legislation that is included in the TransportationBudget Bill. He is a very strong advocate of biking and believes strongly that more chil-dren, could and should, bike or walk to and from school for exercise. While MSBOA cer-tainly agrees with the importance and need for more exercise for our children (andadults), the letter stressed the safety record of school buses in transporting our childrento and from school. Congressman Oberstar understands that many changes haveoccurred in the last 40 years in terms of road traffic and dangerous conditions of manyof the walking or biking routes used by our children in getting to school. In accepting theletter, he said he appreciated the input and would consider it seriously.

The Legislative Committee will be getting together soon to begin preparation for the2005 session. If you would like to serve on the Legislative Committee or have any pub-lic policy concerns, contact Kurt Schumann of Laidlaw Education Services andMSBOA's Legislative Committee Chair at 763-533-0313 or email him at [email protected] or you can contact me directly at 651-293-9295 or email me [email protected].

Drive safely and have a great fall!

3

$UÄtv~ Y|ÇtÇv|tÄSERVICES, INC.P.O. Box 346 Avon, MN 56310

(800) 279-2374



EMPLOYEE BENEFIT CON-SULTING



Mutual FundsIRA’s





In Minnesota, employers are not allowed to make deductions from the wagesof employees for lost or stolen property, damage to property, or to recover anyother claimed indebtedness running from the employee to the employer, unlessthe employee, after the loss has occurred or the claimed indebtedness hasarisen, voluntarily authorizes the employer in writing to make the deduction orunless the employee is held liable in court for the loss or indebtedness. Anysuch authorization for deduction must set forth the amount to be deducted fromthe employee’s wages during each pay period. The deduction may not be inexcess of the amount established by law as subject to garnishment or execu-tion on wages.

Any agreement to the contrary entered into between an employer and anemployee is void.

There are three exceptions to this law:

1. When there is a contrary provision in a collective bargaining agreement.

2. The law does not apply to rules established by an employer for employeeswho are commissioned salespeople, where the rules are used for purposes ofdiscipline, by fine or otherwise, in cases where errors or omissions in perform-ing their duties exist.

3. When an employee, prior to making a purchase or loan from the employer,voluntarily authorizes in writing that the cost of the purchase or loan will bededucted from the employee’s wages, at regular intervals or upon terminationof employment.

Any employer who violates these provisions will be held liable for twice theamount of the deduction in a civil action brought by the employee.

Employment Notes is a general discussion of legal issues and is not intendedto be legal advice. Readers should seek the advice of competent legal coun-sel to review the specific facts and law regarding any given legal matter.

4

T R A N S P O R T A T I O N S E R V I C E S

WE WILL PWE WILL PAAY TOPY TOPDOLLAR FOR BUS DOLLAR FOR BUS

OPERAOPERATIONSTIONS

Call


MINNESOTA COMPANY

Employment Notes to Business ClientsBy Sharon Hobbs, Rinke-Noonan Law Firm, St. Cloud, MN

TT he Hhe HaircutaircutA young boy had just gotten his drivers license. He asked his father whowas a minister, if they could discuss his use of the family car.

His father took him into his study and said, “I’ll make a deal with you. Youbring your grades up, study the Bible a little, get your hair cut and then we’lltalk about it.”

After about a month, the boy came back and again asked if they could dis-cuss his use of the car.

They again went into the father’s study where the father said, “Son, I’vebeen very proud of you. You have brought your grades up, you’ve studiedthe Bible diligently, but you didn’t get your hair cut.”

The young man waited and then replied, “You know, Dad, I’ve been thinkingabout that. You know Samson, Moses, Noah - even Jesus had long hair.”

The Minister said, “Yes, and everywhere they went, they walked.”


5


�MSBOA�

TTODAYODAY

The MSBOA has redesigned and purchased 100 of these full color, eye-catching, bill-board size posters with safety funds. The MSBOA has ad agencies in all areas of the

state ready to put them up in your area. The cost is $150.00 for a 30 day billboard. Thisis an excellent way to educate the driving public on the importance of school bus stop

arm laws and a great reminder in the fall of the year!

If you are interested in having a safety billboard in your area, please contact: Mark Devore at Lamar Advertising 320-253-3000 or 800-777-4896.



FMCSA is looking for ways improve its process of monitoring and assessing the safety of the motor carrier industry The clos-est meeting is being held in Chicago at the Wyndham Hotel, 633 North St. Clair, Chicago, IL on Oct 12, starts at 9am-4pm.

FMCSA announced a series of Public Listening Sessions to solicit input on ways the FMCSA can improve its process of mon-itoring and assessing the safety of the motor carrier industry and how that information should be presented to the public.FMCSA is calling this effort the Comprehensive Safety Analysis 2010 Initiative.

Through its current compliance review process, FMCSA is able to conduct compliance reviews on only a small percentageof the 675,000 active interstate motor carriers. The FMCSA is looking for ways to improve monitoring of motor carriers, tomake agency processes more efficient, and to expand its enforcement and compliance reach in the regulated community inorder to improve FMCSA's ability to meet its goal of significantly reducing crashes, fatalities, and injuries involving largetrucks and buses.

The Public Listening Sessions will include a morning plenary session and up to four facilitated afternoon breakout sessions.The participants will be invited to discuss, among other things, the following:

1. How effective is FMCSA's current compliance review process? What is working now? Not working?

2. What alternative methods should FMCSA consider for determining carrier safety fitness and for addressing unsafe behav-iors?

3. What should be the focus of FMCSA's safety analysis process? Motor carriers? Drivers? Owners? Other people or enti-ties associated with safety?

4. Should FMCSA present its safety evaluations to the public? How?

5. What should be the key attributes of a program to assess motor carriersafety?

6. How should safety be measured? This measurement may be used to focusFMCSA resources and to assess safety under 49 U.S.C. 31144, Safety fitness ofowners and operators.

A. Which data elements (crashes, inspection results, violations, financial condition) are the best indicators of safe (or unsafe) operations? Are there other important safety indicators we currently overlook?

B. How should FMCSA consider historical data when measuring safety?

C. How should FMCSA consider unique characteristics of the operations (hazardous materials, passengers, others) when measuring safety?

7. What compliance and enforcement tools are most effective? Currently FMCSA'sinterventions include issuing warning letters, issuing civil penalties, and placing motorcarriers out-of-service.

A. What types of interventions are most effective?

B. How should FMCSA use history and characteristics of the motor carrier's operations in determining which intervention is appropriate?

Motor carriers may also submit written comments identified by DOT DMS DocketNumber FMCSA-2004-18898 and FMCSA-1998-3639 by any of these methods:

Website: http://dms.dot.gov (follow directions for submitting comments)Fax: 1-202-493-2251Mail: Docket Management Facility; USDOT, 400 Seventh Street SW, Nassif Building,Room PL-401, Washington DC 20590-0001

6Federal Motor Carriers Safety AdministrationComprehensive Safety Analysis 2010 Initiative


Certainly, your driver’s trainer needs to be knowledgeable. But does the trainer tell the new driver the reasons behind whythey do a pre-trip inspection or why it is so important to check the bus after the route? Or do they just go through themotions? If a new driver doesn’t grasp the significance of the job at hand it could result in higher maintenance costs at best,or at worst an accident. The driver’s trainer must be able to present the importance of the school bus driver’s job, but do itin a way that doesn’t make the task seem insurmountable either.

After you have selected your driver’s trainer, don’t hesitate to use them for other roles. They may be able to give you someideas for upcoming safety meetings. They see what skills drivers have trouble picking up or what bad habits drivers pick upafterward. They might be able to write an article for your company newsletter. Theycould be your goodwill ambassador and introduce the driver to the others. For mostpeople, finding camaraderie in the workplace leads to higher job satisfaction and as aresult, less turnover for you.

Obviously, if your trainees repeatedly have difficulty passing the driving test you maywant to look at the person who is doing the training. But aside from that how do youknow you have the right driver’s trainer on staff? If you see your drivers feeling com-fortable enough to go to him or her with questions or seeking advice on how to handlea particular problem, you can rest assured that you have done well in choosing your dri-ver’s trainer.

7


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As I look out my window at the heavy downpour we are experiencing in Northwestern Minnesota, I reflect on the troublefurther south. Our thoughts and prayers go out to the MSBOA members, employees and their families in southern Min-nesota who have been dealing with rain and flooding this past week.

The majority of August was spent hiring and training our new employees. Most of us have recently held our first safetymeeting, and had great attendance (maybe it was due to the rolls & coffee). Now, let’s spend a little time with the veterandrivers.

There are two safety videos I would recommend: “For You The Veteran Driver” part of the Minnesota School Bus DriverDevelopment Series Vol. IX , and “One Bus Stop at a Time, The Moment of Truth” distributed by PTSI. These videos canbe great reminders of safety issues for new and veteran drivers. Let them know training is an ongoing process that is veryimportant to your organization. Fall is an excellent time to review good driving habits and learn new techniques that willprovide safe service to our customers.

Have a Safe and Happy School Year!

Videos for Fall TrainingBy Mike Clark, Ottertail Coaches, Fergus Falls, MN

Driver’s Trainers...Continued from Page 1.


In March 1997, three Michigan men planned to kidnap two sisters, aged nine and six. They wrote a note requesting a changein drop offs so they could get off at a baby sitter’s home and delivered it to the transportation office. According to the districtpolicy, the note should have been dropped off at the principal’s office however the note appeared legitimate and even thoughthe father’s forged signature was misspelled it did not raise suspicion. The dispatcher told the driver that he was to drop thegirls at a different spot as indicated by the note. When the driver made the stop, the girls refused to get off the bus as it wasnot their normal drop off so the driver kept them on the bus. One of the kidnappers then called the office claiming to be thegirls’ parent inquiring why the girls were not dropped off as the note requested. He then insisted the girls be dropped off atthe next stop along the route. Dispatch called the driver and informed him of the request. The three men met the bus andthe driver allowed two of the men to board the bus to forcibly remove the girls, who according to reports were crying. Themen were later apprehended in Florida with the girls and were charged with kidnapping and intent to engage in a sexual actwith a person under the age of twelve years.

Variations of this situation probably play out in transportation offices everyday, hopefully without the dire consequences. Aparent doesn’t quite follow the policy to the letter and an exception is made because they made an effort. This case servesas an example of what could potentially happen when policies are not enforced. Various lawsuits were filed as a result of thisincident, including a lawsuit between the school district’s insurers. The court looked at similar cases. In each case, the courtsdetermined whether or not the resulting injury could be perceived as a foreseeable result of the driver’s action or inaction.

The court in the Michigan case felt that the driver’s decision in this case to allow the unknown adult men onto the bus and tophysically remove the girls from the bus allowed the kidnapping and assaults to occur even though the note and phone callwas fraudulent. It was the driver’s decision to not act when faced with a situation that raised many “red flags,” which at leastin part allowed the conspiracy to be successful.

Additionally, drivers should be instructed on what to do when something seems not quite right. In this case, the driver wasacting on instructions from the dispatcher but the girls did not recognize the men. This should have raised a red flag. Theycried and protested going with them. One of the girls testified in court that the kidnappers “dragged me and my sister off thebus”. The driver did not ask for any identification, but he did recognize one of the men as a babysitter for other students onhis route. There should be a procedure for drivers to take when something is not the norm. The driver could have called inand had dispatch call the parents.

One last comment with regard to policies, there should be clear consequences for thosewho do not comply with the policy. In the event that there is no note, perhaps the stu-dent must follow his or her regular routine or needs to stay at the school. If the driverdoesn’t comply on his or her end, there should be disciplinary consequences. A policywithout consequences may be seen by the courts as one that is not enforced.

8


FM 2-WAY RADIOS






[email protected]

Deviation From Policy Results

in Liability By Shelly Jonas


Chairperson Frank Zeman called the meeting to order at 9:50AM. Introductions were made. Lori Jonason welcomedeveryone to Eden Prairie.

1. Department of Education - Bob Fischera. Bob handed out a list with several items on it.

• Recall notice on IC Corp vandal locks: CE model buses built from 6/03-6/04.• 260 Texas school districts are suing state for inadequate public education funding.• NAPT SB Technician and School Bus Inspector Awards• FMVSS 403/404 rules effective 12/27/04. Wheelchair lift standards. Old lifts will still be able to be

installed until inventory is gone. • Outstanding women in Transportation Award went to Jan Dittbrenner from STN.• Fair Labor Standards Act. Time spent taking physicals (including wait time and travel time)

are considered work hours under FLSA.• Homeland Security drill in Monticello coming up.

2. DPS - Ken Urquhart was not in attendance. Ken will be attending FBI school for several months. We may have a temporary replacement for this meeting.

3. Driver and Vehicle Services - Jim Connollya. The department is undergoing more re-organization. The CDL unit

will be a part of this. It will be more specialized and automated. Trying to eliminate phone calls whenever possible by everything online.

b. New driver licenses will be starting in November or December. They will be much more secure and should take only a week or so to process once it is up and running.

c. There will be a new third party testers class starting in November. For more information call Deb Carlson.

d. If you have a driver that has a misdemeanor that you feel would make that person a risk to drive school bus call Jim Connolly. They can cancel SB endorsements for misdemeanors.

e. HazMat endorsements will soon require an FBI background check. The cost of this will be about $100. This is a new Federal rule.

f. We talked about doing license checks by batch for a district/company. It would be nice if new cancellations could be flagged by system.


9






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Call us for PARTS, SERVICE& MOBILE SERVICE

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Parts: 1-800-866-3104



10

TTT- Train the Trainer Dates for 2005 are July 12-15 in St. Cloud. Ray thanked the great staff and presenters for thisyears' TTT. The range event was very well received. If this is done next year it was suggested that a tent be rented forshelter. 130 people attended from both sessions. Ray had NHTSA training material that was passed out to attendees. Heasked that after people view them they pass them on to someone else to review.

Poster Contest - Award winners still have not received their savings bonds.

Rodeo - Sherry Case - The road-eo committee will be meeting this fall to start plans for next year. There was some discus-sion about making it more similar to the National Road-eo. The national has parallel parking and curb stops. If anyone isinterested in joining this committee contact Sherry Case at First Student.

Security Around the School Bus -Denny Couglin reported that this is in the editing process. The group is meeting todayafter this meeting.

MAPT - The MAPT fall conference will be October 28 at Edinborough Golf Course. 2005 planners will be available tomembers. NAPT annual conference will be Oct 30-Nov 4 in Cincinnati.

New Business: Tom Meyer (St. Paul) mentioned that at a back to school meeting drivers heard from the mother of thechild that died in the Roseville bus crash last year. He said it was very moving for everyone. Tom also talked about thecrossing gates on buses and what younger students look at before they cross. Discussion followed about enforcing train-ing about the cross arms and what they mean.

Meeting was adjourned at 11:20 AMRespectfully Submitted, Emily White

Meeting Schedule and location. Meetings are scheduled the 3rd Wed. of each month.

Upcoming meetings:November 17th Tentative -South Metro ExamDecember 15th St. PaulJanuary 19th MinneapolisFebruary 16 RobbinsdaleMarch 16 South Washington County April 20th Eden PrairieMay 18th First StudentJune 15th Rosemount

Employment Notes to Business ClientsBy Sharon Hobbs, Rinke-Noonan Law Firm

In Minnesota, an employee who has been involuntarily terminated may request in writing, within 15 working days followingthe termination, that the employer inform the employee of the reason for the termination.

Within ten working days following receipt of such request, the employer must inform the terminated employee in writing ofthe truthful reason for the termination.

No communication of the truthful reason for the termination furnished to the employee may be made the subject of any actionfor defamation by the employee against the employer.

Employment Notes is a general discussion of legal issues and is not intended to be legal advice. Readers shouldseek the advice of competent legal counsel to review the specific facts and law regarding any given legal matter.

MSBSC Meeting Notes Continued from page 9.


This fall there is a new owner at the helm of Willmar Bus Service. Dick Plahn has sold hisbusiness to Ken Inselmann, who has worked for Plahn for several years.

Plahn didn’t start out planning to be in the bus business. He graduated from Dakota StateCollege in 1965. He taught high school business courses in Jasper, MN from 1965-1970. In1970, he moved to Sioux Falls and worked in sales. He moved back to Minnesota in 1972and began working for Chuck Hey in Willmar. In 1986, he bought the school bus and coachoperation from Hey.

Plahn has witnessed many changes in the past 32 years. The biggest changes he says wereto the design of the bus itself including the color and the eight light system. He remarked thatprobably not too many people still remember that. Another change he felt was for the betterwas when his district took over the discipline issues as an extension of the classroom. Plahnfound the drug and alcohol testing requirements a difficult change to implement. The mind-set of the rural drivers was that drug testing was unnecessary and that it was in particular acity problem. Plahn stated that one of the biggest challenges for the industry as he sees itis retaining quality drivers. “Ninety five percent of your drivers are good, but it is the last fivepercent that causes problems,” Plahn said.

Plahn has been very active in the industry. He has served as an MSBOA Director since 1995. He became the Treasurerfor the charter bus association in 1989. He served on the National School Transportation Association Finance Committeeand was the school bus insurance company treasurer. He has received the Contractor of the Year Award as well as theGolden Merit Award. He is active in the Willmar Community as well, serving on his church board for two terms.

Plahn and his wife of 39 years, Dianne, plan to do some traveling now that Plahn is free from overseeing the day-to-dayoperations of Willmar Bus Service. He does plan to drive a little bus now and then, however. He also has a few classic carsthat he enjoys tinkering with as well as spending time with his family which includes son Brad, and daughter Amy, as well asa new grandchild.

Congratulations Dick on a great career!

11

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Around the Nation Industry News By Shari Danzeisen

Idaho Creates School Bus Safety License PlatesA new state law in Idaho will be establishing a license plate program designed to raise funds for promoting school trans-portation safety and awareness. The license plates are available for purchase by anyone in the state, not just bus owners.The license plate would show a bus and read “Stop! It’s the law.” Their hope is that the license plate, when placed beforemotorists on a daily basis, would draw attention to problems like illegal passing of school buses. They also hope that chil-dren will see them every day and in the future, when they learn how to drive, they’ll know the law. Each plate will sell for$25 to $35 each and the state hopes to see revenues of $25,000 by 2006.

FMCSA Levies Fines on School Bus Contractors in PennsylvaniaThe FMCSA has recently levied fines in Pennsylvania for $65,000.00 for violations of federal drug and alcohol safety regu-lations. “FMCSA takes seriously its responsibility to protect the safety of school bus riders,” said Patrick Quigley, FMCSAPennsylvania Division administrator. “We will not be satisfied with anything less that 100% compliance from the school bustransportation community.” Minnesota bus operators can and should review their policies and procedures to ensure that theyare always 100% in compliance also!


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In This Issue:Around the Nation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11

Change in Drop-Off Policy Liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8

Driver’s Trainers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1

Employment Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 & 10

FMCSA Public Listening Sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

From the President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

Legislative Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

News & Views . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

22000044 CCaalleennddaarr ooff EEvveennttssNational School Bus Safety Week“Flashing Red Means Stop Ahead”

October 18-23, 2004





Happy HalloweHappy Halloween!en!


Volume 34 Issue 11December 2004

Examining the Positive SHELLY JONAS

So much energy is focused on the negative events that transpire on a day-to-day basis.

•Insurance premiums on the rise for 2005•Fuel Prices •The Flu season claiming many drivers from the roster•The complaining parents•The misbehaving students•The ever increasing challenges handed down by our government and legislators•Unfavorable media spotlight

This holiday season with all the hustle and bustle, I challenge operators to take a moment to examine the positive.

A safety record second to none!

The driver who is totally dedicated to “her” kids and knows not onlytheir names, but their siblings’ names and their parents' names.

The accidents where no one is injured.

The quick thinking done on part of driver that saves a life.

The extra effort a dispatcher goes through to ease a child’s anxiety because he thinks no one is at home.

The school administrator or board member who supports you.

The driver who is busy planning what special treat he will pass out for Christmas.

The kids who, even though they might misbehave, write a 2 page note saying how sorry they are afterward.

The driver who is willing to come in just to make sure everything is covered.

The drivers who are willing to take trips on weekends and evenings.

The mechanics who come in at 5 a.m. on the coldest mornings to start the vehicles and make sure everything will run.

Now, go out and tell those people that you appreciate the job they do!!! Merry Christmas!!!

MSBOA December 2004.qxd 11/30/04 12:31 PM Page 1

2

BOARD OFDIRECTORS

20042004


320.594.8228

JOHN BENJAMIN, NORTHFIELD

507.645.5720/FAX 645.5635


MIKE CLARK, FERGUS FALLS

218.739.3393/FAX 739-5564






GAYLEN LENZ, LAKE CRYSTAL

507.726.2832/FAX 642.3697
















PRESIDENTMIKE MORAN

FIRST VICE PRESIDENTTOM HEY

SECOND VICE PRESIDENTDOUG GRISIM


FROM THE PRESIDENT

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REICHERT BUS SERVICE, INC.BRAINERD-BAXTER, MINNESOTA

Seasons Greetings!

First of all, Best Wishes to you and your families this holiday season. I sincerelyhope that you have the opportunity to spend some time with those you love.

I put together a short wish list to ask Santa for – on behalf of our organization.Please tolerate the borderline politically correctness of this exercise!

1) The safety and welfare of the students that our membership transports daily.2) An active, participatory membership, concerned about the industry.3) A Board of Directors that are active and involved in representing the

membership.4) Staff that help deliver value and information to our members.5) A greater recognition and statue for the MSBOA.

I must have been more nice than naughty (subject to some debate), because we areblessed with an organization that already has most of these wishes in place. Asalways, there is room for improvement! Any organization is only healthy and strongwhen every member has an opportunity to be heard. When was the last time youshared a concern with a board member? When was the last time you utilized theMSBOA staff to answer a question or as a source of information? Maybe you wouldlike to get involved but don’t know where or how to get started! I encourage you tomake a phone call and share what’s on your mind – in the 50 + year history of theorganization, I’ve never heard of anyone being bitten!

In February, please make time to join us and our colleagues from the MAPT at ourjoint winter conference in St. Cloud. Come and participate!

Happy Holidays!

Mike


What a fall! No election recounts and no snow! I think more people than ever were "interested" andactively involved in this year's election, especially the race for President. It seemed like everyone hadan opinion and the results couldn't have been tighter. I was delighted that so many Minnesotans gotout and voted! Minnesota led the country once again. That is what it is all about!

The 2005 legislative session will be a bit different, as well. The GOP "majority" in the House was cutfrom 81-53 to 68-66. The DFL gained 13 seats! A number of chairs were defeated. As I am writingthis article the new chairs and new committee set up in the House are still being worked out. Newleadership will be asked to step forward and we hope they perform more like the Vikings offense thenthe Vikings defense! I will be visiting with the new legislators, as well as many of the returning vets, to present the MSBOAlegislative agenda.

With the DFL still in control of the Senate and Governor Pawlenty very much in charge in general, the next two sessionscould go either way. I am optimistic that the Legislature, working with the Governor, can get a number of important thingsdone in the next two years-before the next big election. Time will tell!

With the 2005 legislative session right around the corner it is time to consolidate and prioritize issues of concern. Issueslike education funding, separate stand alone transportation funding, additional transportation funding, the option of self-inspection of school buses and replacement of Carpenter buses head up a longer list. The MSBOA Legislative Committeewill be meeting the MAPT Legislative Committee in late November to discuss issues of mutual interest and concern. Ourcommittee will continue to meet after that joint meeting to nail down our top priorities for the next session.

The MSBOA Legislative Committee is chaired by Kurt Schumann of Laidlaw Education Services. If you would like to be acommittee member contact Kurt at 763-533-0313 or e-mail him at [email protected]. You can also contact medirectly at 651-293-9295 or e-mail me at [email protected].

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SERVICES, INC.P.O. Box 346 Avon, MN 56310

(800) 279-2374






Mutual FundsIRA’s




UPDATE YOUR EMAIL ADDRESS!

The MSBOA office sends out many updates and information fromagencies like the DPS and FMSCA via email. However, we are get-ting several that bounce back because the email addresses wehave are not current. With the legislative session coming up, it isimportant that we have current addresses.

If you haven’t received anything in the past month from theMSBOA, email [email protected] or [email protected] toupdate your address.


The recently passed American Jobs Creation Act of 2004 imposes new limita-tions on nonqualified deferred compensation plans.

The new rules will generally be effective for all amounts deferred after 2004. Onlyamounts earned and vested before January 1, 2005, will be considered deferredbefore 2005. Amounts deferred before 2005 will also be subject to the new rulesif the deferred compensation plan is “materially modified” after October 3, 2004.Adding any benefit, right, or feature is considered a material modification, but theexercise or reduction of an existing benefit, right, or feature is not a material mod-ification. Acceleration of vesting under a plan after October 3, 2004, is considereda material modification.

The new rules will not allow deferred compensation plans to make distributionsprior to:

(1) death;

(2) disability (as defined) for at least 12 months;

(3) separation from service;

(4) a time specified at the time of the deferral;

(5) a change in ownership or control of the corporation or change in ownership ofa substantial portion of the assets (regulations will be issued to define thisprovision); or

(6) the occurrence of un unforeseeable emergency (i.e. “severe financialhardship” due to illness or accident of the participant, spouse, or dependent,casualty loss, or other “similar extraordinary unforeseeable circumstances”beyond the participant’s control).

Acceleration of benefits is generally prohibited, except to the extent allowedby regulations to be issued.

With certain exceptions, elections to defer compensation generally must bemade prior to the tax year in which the services will be performed or within30 days of the employee becoming eligible to participate in the plan. Anelection to defer “performance based compensation” must be made no laterthan six months before the end of the service period.

Subsequent elections to delay payment or change the form of payment areallowed as long as the new election does not take effect for at least 12months after it is made and delays the payment for at least five years afterit would have been made.

The new law provides that amounts deferred under deferred compensationplans that do not satisfy the distribution, acceleration of benefit, and electionrequirements will be subject to tax to the extent that they are not subject toa substantial risk of forfeiture and not previously included in income. Allamounts deferred under the plan for the tax year and all preceding tax yearsare subject to tax. In addition, interest is owed for amounts deferred in prioryears and an additional 20% tax is imposed on all compensation included inincome. Continued on page 6.

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MINNESOTA COMPANY

Employment Notes to Business ClientsBy Sharon Hobbs, Rinke-Noonan Law Firm, St. Cloud, MN


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The MSBOA has redesigned and purchased 100 of these full color, eye-catching, billboard size posters with safety funds. The MSBOA has ad agencies in all areas of the state ready to put

them up in your area. The cost is $150.00 for a 30 day billboard. This is an excellent way to educate the driving public on the importance of school bus stop arm laws and

a great reminder in the fall of the year!

If you are interested in having a safety billboard in your area, please contact:Mark Devore at Lamar Advertising 320-253-3000 or 800-777-4896.



The Great Seat Belt Debate Rears Its Head AgainSHELLY JONAS

Seat belts and buses have been in the news once again. And once again, both sides of the issue are being discussed. Pun-dits predict that there will be more bills introduced in states across the nation as legislators reconvene this winter.

The New York Association of Pupil Transportation is opposing the required installation of three point seat belts on schoolbuses saying it is unnecessary and would prove burdensome on school districts and contractors. The executive director,Peter Mennella, says that seat belts are redundant because research shows that the seating compartment provides ade-quate protection.

New York was the first state to require seat belts on school buses, but their use was not mandated. They have argued againstmandatory use because the belts were the same belts that were removed from automobiles because of injuries thatoccurred. In its statement the NYAPT states that, "at this time we cannot support the mandatory installation and use of threepoint belts on larger school buses [due to] the results of federal research into school bus safety".

The association urges anyone considering the mandatory usage and installation of three point belts to contemplate all of theramifications; including installation, seating configuration, loading capacity, maintenance cost, the practical need for moni-tors, and the additional liability and or responsibility of the driver, all in an atmosphere where basic transportation funding isin short supply.

Further to the South, the death of a Florida high school student is prompting local lawmakers to revive the debate. A 15 yearold student was killed when she was ejected from her bus after the driver ran a stop sign and hit a pick up truck. Florida hasrequired seat belts on all school buses since 1999, but has not mandated their use. None of the nine passengers in theschool bus crash were wearing their belts. Complaints that the belts are tangled and too much work to use have been citedfor their non-use.

Florida State Representative Irv Slosberg (D) introduced a bill last year requiringthree point belts on buses, but it was never heard.

Slosberg said no matter how safe school buses can be in a crash, lap belts combinedwith shoulder harnesses would make them safer. He estimated the changes wouldcost about $4,500 for every bus. ''The bottom line is we have to do it right. We can'tdo this on the cheap,'' he said.

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Legal Notes Continued from Page 4.

The IRS will issue guidance before the end of the year allowing a limited time forplans to be amended to allow participants to terminate participation or cancel an out-standing deferral election for amounts deferred after December 31, 2004. The guid-ance will also allow a plan to be amended to comply with the new requirements foramounts deferred after 2004.

You should contact your attorney as soon as possible if you have any plans whichmay be affected by these new requirements.

Employment Notes is a general discussion of legal issues and is not intendedto be legal advice. Readers should seek the advice of competent legal counselto review the specific facts and law regarding any given legal matter.


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By Brian Koch, Koch School Bus Service, Waconia, MN

How many times have you heard "My child is being teased on the bus and the bus driver is not doing anything about it," or"if something is not done about behavior on that bus I will get on the bus myself?" The list goes on and on. We are all wellaware that parents are passionate about their children and when they perceive something to be wrong they may overreact.

When I receive phone calls like that the first thing I do is ask the parent to explain exactly what has been happening to theirchild. The second thing I do is explain that the driver's primary function has to be safely operating the school bus and thatwhat the students are doing may be very difficult to assess from the drivers seat. Third, I explain to the parent what the dis-trict policy is with regards to this type of behavior. Fourth, I assure the parent that I will address the problem and see to itthat the problem is taken care of. Finally, I call the parent back and let them know what was done to solve the problem.

The fourth step can be the most difficult and is often the most time consuming. It is also the most essential step in gainingcompliance of the rules. When we have a student management issue I will contact the administrator in the students build-ing, we will speak with the students involved, parents are contacted, and reports are written. Our district has stringent poli-cies on student behavior and students are expected to abide by those policies. We spend a great deal of time educating thestudents at the beginning of the school year and continue to teach students throughout the year what the bus rules are andwhy they have to follow them.

Many times student behavior can be changed by doing a great job working with the students. Be visible and get to know asmany students as you can. Whether it is an administrator, representative of the bus company, or the transportation depart-ment follow up on all of your student management issues. These problems will grow if left alone. Communicate with theparents and work together to find solutions.

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Listening Skills: What Successful People Do

Every management course in the history of management courses underlines the importance of listening in communication.After all, people must listen to both their coworkers and their customers in order to improve performance and processes torun a successful business.

The best managers are people who are able to consistently read others and then build a following from there. In simple terms,they listen. They are able to pick up on other things outside of the logical content of thought to discover what others need andwant. This is a subtle but highly effective skill. It may even be difficult for the manager to describe what he or she is doingbecause it might not be a skill that he or she uses with conscious awareness.

Some Keys to Effective Listening:1. When beginning a conversation, keep in mind that everyone is a potential customer. A coworker must buy into your ideas,if he or she is going to put them into practice effectively. Their decision to cooperate or not will influence your results.

2. Begin listening to others from a neutral, open-minded state. This allows you to concentrate and focus on what others aresaying to you.

3. Pay attention not only to the content of what someone is saying, but look for clues to give you insight for how the personfeels about the subject of discussion. Are they passionate? Are they upset? What is their body language telling you? If youwork on listening to more than just the words, you’ll find that you absorb what they are telling you and understand better aswell.

4. Respond in such a way that you prove you are taking in the other person’s opinion and that you respect their point of view.

These skills are easy to describe, but more difficult to implement and even harder to spread throughout an organization. Thechallenge is to go beyond repeating techniques and to really build a genuine skill and competence at listening and that canonly come with practice.

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FM 2-WAY RADIOS






The Transportation Research Board is calling for detailed abstracts (maximum of 500words) for papers to be presented at a special conference to be held on March 23-24,2005 Washington, D.C. The abstracts should encompass possible scenarios 5 – 20years in the future and what the implications are for safety. Papers must address whatresearch will be needed to continually and significantly improve truck and bus safety inthose future conditions.

All aspects of truck and bus safety, i.e., institutional, regulatory, driver, vehicle, technolo-gy, infrastructure, mobility and business/shipping environment, are of interest.

There are eight theme areas for the conference, listed below. Papers should relate tothese themes. Abstracts should identify which theme(s) will be addressed in the pro-posed paper.

1. Problem Assessment and Data2. Enforcement, Compliance, and Carrier Safety Management3. Health and Wellness (medical qualifications as well as occupational health issues)4. Human Performance, Capability and Behavior5. Vehicle Design and Technology6. Roadway Design and Operations7. Litigation, liability, cost of crashes, acceptance of new technology8. Licensing and training

Abstracts should be submitted electronically questions should be directed to:Dr. Richard Pain Transportation Research Board: rpain@ nas.edu, 202-334-2964Abstracts will be collected through December 20, 2004.

TRB to Examine Future Truck and Bus Safety


The National School Transportation Association (NSTA) and the United Motorcoach Association (UMA) have agreed to apartnership that will include sharing office space and other resources.

Dale Krapf, NSTA president, insists that the agreement is not a merger, both organizations will maintain their separate iden-tities. They have many parallel legislative priorities and share many key elements in their strategic plans and as a result theybelieve the arrangement will strengthen both groups.

NSTA will move into the UMA headquarters at the end of the year. Because the NSTA's present site is only one mile away,it will keep the same telephone numbers.

NTSB Calls for Better Oversight of Drivers with High Risk Medical ConditionsThe National Transportation Safety Board concluded that certain medical conditionscan increase a driver's accident risk and are incompatible with unrestricted operationof motor vehicles. In order to better evaluate the impact of certain medical conditionson a person's ability to drive, the Board asked for a national system to collect acci-dent data including information regarding medical conditions of the drivers involved.

The Board noted that aside from alcohol addiction, the extent to which medicalimpairment contributes to the number of traffic accidents is not well defined. There-fore the Board recommended that the National Highway Traffic Safety Administration(NHTSA) and the American Association of Motor Vehicle Administrators (AAMVA)develop a procedure to collect, evaluate and report data regarding the impact of dri-vers' medical conditions on traffic accidents.

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Glaval Commercial Buses

Mid-Bus School &Commercial Buses


Ricon & Braun Lifts

Specialty Safety Products

Leasing & Financing

Call us for PARTS, SERVICE& MOBILE SERVICE

Metro: 763-295-5119Sales/Service: 1-800-866-3105

Parts: 1-800-866-3104


NSTNSTA AND UMA PA AND UMA PARARTNERTNER


10

Making the Most Use out of Your PR Shelly Jonas

By far your biggest source of public relations are your employees. They see the full gamut of your customers on a daily basis- probably more than you do. They see parents, teachers, students and administrators as well as school board members whomight have children on their route. Remember that they are the first impression of your company in the community and mostlikely the industry as a whole to many people.

When you implement a new policy, make sure to explain the thought process that went into it so when drivers are questionedthey can repeat it to concerned parents. Train your employees to talk effectively about training procedures as well as districtpolicies in a positive manner. For example, if a rule is implemented about allowing only one drop off, train the drivers to tellparents it is a safety concern for young students who cannot remember if they are on the Monday-Wednesday schedule orthe Tuesday-Thursday one. If a driver gets a question that they cannot answer, drivers should reply that they will find out andget back to them. This is common procedure in other industries, however, when a driver is out on a route they might be tempt-ed to do special favors for a parent not seeing the big picture that exceptions generally lead to others wanting the rules bentfor them.

Lastly, instill a sense of pride in what they do. Often people will say that they are "just a bus driver" because they are goingto school or want to be home with their kids. Sure, flexible hours are a great ancillary benefit, but they need to realize theyare doing more than just a part time job. They are affecting lives every day on a large scale. Many students will remembertheir bus drivers much longer than who they had for 4th grade social studies. Parents put their faith and everything they con-sider to be precious into their hands every day. "Minnesota Nice" causes us to often downplay our achievements but anexcellent safety record is not something that should be kept quiet. Get an article in the local paper about the driver who per-formed the heimlich on someone choking on a piece of candy or won a safety award. The community should know aboutthese everyday heroes.

NHTSA Closes Comment Period onTire Safety StandardThe U.S. Department of Transportation's National Highway Traffic Safety Administration (NHTSA) proposed a new safetystandard to warn the driver when a tire is significantly under-inflated. The proposal requires manufacturers to install a four-tire Tire Pressure Monitoring System (TPMS) that is capable of detecting when a tire is more than 25 percent under-inflatedand warning the driver.

The new Federal Motor Vehicle Safety Standard would apply to passenger cars, trucks, multipurpose passenger vehicles,and buses with a gross vehicle weight rating of 10,000 pounds or less, except those vehicles with dual wheels on an axle.

The new standard also proposes to add a TPMS malfunction indicator to the requirements, which would warn the driver whenthe system is not working properly. For example, sometimes tires are installed on the vehicle that are incompatible with theTPMS, or sometimes other problems cause the TPMS to become inoperative.

TPMS is a safety warning system and is not a substitute for regular tire pressure maintenance by drivers. Operating a vehi-cle with substantially under-inflated tires can result in a tire failure, such as instances of tread separation and blowouts, withthe potential for a loss of control of the vehicle. Under-inflated tires also shorten tire life and increase fuel consumption.

The document proposed the following three-year phase-in schedule:

In the first model year, beginning Sept. 1, 2005, 50 percent of all light vehicles manufactured would comply. In the second model year, beginning Sept. 1, 2006, 90 percent of all light vehicles manufactured would comply. After Sept. 1, 2007, all light vehicles manufactured would comply.


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Stress in the Work Place Shelly Jonas

There have been several recent studies showing how stress negatively impacts health. Youmay have seen the advertisements touting the “cortisol-stress” connection with weight gain.Additionally, the The National Institute for Occupational Safety and Health (NIOSH) has beendirected by Congress to examine stress and its effect in the workplace. There are a numberof surprising statistics about stress.

• One-fourth of employees view their jobs as the number one stressor in their lives. -Northwestern National Life

• Three-fourths of employees believe the worker has more on-the-job stress than a generation ago. -Princeton Survey Research Associates

• Problems at work are more strongly associated with health complaints than are any other life stressor-more so than even financial problems or family problems. -St. Paul Fire and Marine Insurance Co

There are many job conditions that may lead to stress. NIOSH favors the view that working conditions play a primary rolein causing job stress. However, the role of individual factors is not ignored. According to the NIOSH view, exposure to stress-ful working conditions (called job stressors) can have a direct influence on worker safety and health. These Job Stressorsinclude:

The Design of Tasks. Heavy workload, infrequent rest breaks, long work hours and shiftwork; hectic and routine tasks thathave little inherent meaning, do not utilize workers' skills, and provide little sense of control.

Management Style. Lack of participation by workers in decision- making, poor communication in the organization, lack offamily-friendly policies.

Interpersonal Relationships. Poor social environment and lack of support or help from coworkers and supervisors.

Work Roles. Conflicting or uncertain job expectations, too much responsibility, too many "hats to wear."

Career Concerns. Job insecurity and lack of opportunity for growth, advancement, or promotion; rapid changes for whichworkers are unprepared.

Environmental Conditions. Unpleasant or dangerous physical conditions such as crowding, noise, air pollution, orergonomic problems.

Examples of individual and situational factors that can help to reduce the effects of stressful working conditions include thefollowing:

• Balance between work and family or personal life • A support network of friends and coworkers • A relaxed and POSITIVE OUTLOOK

John Irvin of Lifestyle Enhancement Services will be speaking at the annual joint winter conference on February 11th. Hewill kick off the conference with a unique presentation called Hilarity Therapy. John Irvin is a C.S.P. (Certified Speaking Pro-fessional), corporate trainer, wellness educator and author who holds a degree from the University of Tulsa and has beenactive in creating opportunities for professional and personal growth for over twenty-five years.

Hilarity Therapy is an entertaining and inspirational presentation that will supply the necessary skills to see the positive sideof situations in the work place. This in turn, will boost morale, improve productivity and reduce stress in the work place. Thisprogram will demonstrate how the ability to see the positive side of things is essential to our vision, our relationships, pro-ductivity, problem solving and our health.

REDUCE STRESS IN YOUR WORKPLACE BY ATTENDING THE WINTER CONFERENCE

John Irvin, Speaker for the upcoming

winter conference.


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In This Issue:Employment Notes to Business Clients . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

From the President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

Legislative Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

Making the Most Out of Your PR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10

News & Views . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

NSTA and UMA Partner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9

Stress in the Workplace . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11

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Sign Up for the Annual JointSign Up for the Annual JointWinter Conference Today!!!!Winter Conference Today!!!!


The Operator 2004

Documents

Transcript of The Operator 2004