Please be advised of the following Texas Transportation Code 545.426 – Operation of School Bus.  It is a violation of Texas law for a driver to operate a bus that is over the maximum design capacity of the bus, if a passenger is standing in the bus, and if a passenger is seated on the floor of the bus or in any location of the bus that is not designed as a seat. Any driver that is violating this law, will be held responsible and receive a citation for the violation.  

Although the maximum design capacity of a school bus is rated at 3 students per seat, it can be difficult to fit 3 middle school age and/or high school age students to a seat. Each seating area is designed with compartmentalization, which helps hold students in the seating area and protect them in the event of an accident. A student that is not seated properly in a seat and is hanging over the edge of a seat into the aisle of the bus, is at risk for serious injury should an accident occur. For evacuation purposes, the aisle of the bus must also be kept clear at all times.

Sec. 545.426. OPERATION OF SCHOOL BUS.

(a) A person may not operate a school bus if:

(1)    the door of the school bus is open; or

(2)    the number of passengers on the bus is greater than the manufacturer's design capacity for the bus.

(b)   An operator of a school bus, while operating the bus, shall prohibit a passenger from:

(1)    standing in the bus; or

(2)    sitting:

(A)    on the floor of the bus; or

(B)    in any location on the bus that is not designed as

a seat.

(c) The department may adopt rules necessary to administer and enforce this section.

Added by Acts 2007, 80th Leg., R.S., Ch. 923 (H.B. 3190), Sec. 5,

eff. September 1, 2007.