BULLETIN
January| 2016
REVISED - CCD REQUIREMENTS & REGULATIONS FOR
HIGH OCCUPANCY VEHICLE OPERATORS
This purpose of the bulletin is to provide updated and corrected information regarding the licensing requirements
for community college employees who drive 11-14 passenger vehicles, originally published in a Bulletin released in
December 2015. Upon further communication with representatives from the California Highway Patrol
Commercial Vehicle Section Administration and the Valley Division Commercial Unit, Commercial Industry
Education Program officer, we discovered errors in some published information in the Commercial Drivers
Handbook, as well as identified more clarifying information on the definition of non-profit organization and for
compensation.
Many community colleges lease, rent, or purchase high occupancy vehicles (i.e. vans) to transport students. The
main question in regards to high occupancy vehicles is whether the operation of any vehicle designed to transport
more than 10 passengers (including the driver) requires the driver to have a Commercial Driver’s License (CDL)
Class B along with a Passenger Transport Vehicle (P) endorsement and a Medical Examination Report (DL-51)
when applying for a CDL.
Errors in the DMV Commercial Driver Handbook
The error in the California Department of Motor Vehicles Commercial Driver Handbook, notes that a CDL is
required for the operation of “a vehicle designed to transport 10 or more passengers (including the driver). This
applies even if there are not 10 passengers in the vehicle.” This should state “more than 10 including the
driver” and also include the specifics in the CVC Section 233 and 15278 (noted below). According to our
resources, this will be corrected in the 2015-2016 DMV handbook.
There was also conflicting information between some CHP Enforcement Officers and the representatives from
the Commercial Vehicle Section in Sacramento.
Correct Information
Based on the new information gathered from the California Highway Patrol, a Commercial Driver’s License is not
required to operate a 11-14 passenger vehicle (including the driver) for a community college district. The Codes
and Regulations below support these findings.
California Vehicle Code Section 15278 requires an endorsement issued by the department to operate
any commercial motor vehicle that is any of the following:
(2) A passenger transportation vehicle which includes, but is not limited to, a bus, farm
labor vehicle, or general public paratransit vehicle when designed, used, or maintained to
carry more than 10 persons including the driver.
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California Vehicle Code Section 233 defines a bus as:
(a) Except as provided in subdivision (b), a bus is any vehicle, including a trailer bus,
designed, used, or maintained for carrying more than 15 persons including the driver,
except a vanpool vehicle.
(b) A vehicle designed, used, or maintained for carrying more than 10 persons, including
the driver, which is used to transport persons for compensation or profit, or is used by a
nonprofit organization or group, is also a bus.
CHP 800A (Rev. 3-99) OPI 062
For purposes of the bus definition, what is a nonprofit organization or group?
Government entities such as police agencies, road departments, fire departments, public colleges
and universities, and public schools are not nonprofit organizations, nor do they provide
transportation for compensation, so they are treated as private individuals for this definition.
In summary, community college district drivers who operate 11-14 passenger vehicles (including the driver) are
only required to have a class C non-commercial drivers license.
Risk Management Considerations for Community Colleges:
•
Consider participation in the DMV pull program to ensure proper notification of traffic violations,
accidents, license suspensions, etc.
•
Ensure current and potential drivers receive safety training. Contact your Keenan Loss Control
Consultant for information.
•
Ten-passenger vehicles cannot be considered vanpools under the California Vehicle Code 668. A
“vanpool vehicle” is any motor vehicle, other than a motor truck or truck tractor, designed for carrying
more than 10 but not more than 15 persons, including the driver, which is maintained and used
primarily for the nonprofit, work-related transportation of adults for the purposes of ridesharing.
•
Keenan SafeColleges currently offers six online training courses:
- Van Safety (20 minutes)
- City Driving (15 minutes)
- Defensive Driving (20 minutes)
- Distracted Driving (12 minutes)
- Road Rage (15 minutes)
- Winter Driving (15 minutes)
•
If contracting out to a third party transportation provider, make sure the transportation vendor has
appropriate auto, liability and workers’ compensation coverage. Contact your Keenan Account Manager
for assistance.
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Requirements When Operating a 15-Passenger Van
California Public Contract Code
The California Public Contract Code Section 10326.1 provides that any campus or a facility of a California
Community College or a campus or a facility of the California State University, that owns, leases, or
otherwise has possession or control of a 15-passenger van, may not, on or after January 1, 2005, authorize
the operation of that van for the purpose of transporting passengers unless the person driving or
otherwise operating that van has both a valid Class B driver's license and an endorsement for operating a
passenger transportation vehicle (P). Generally, the Public Contract Code defines a "15-passenger van" as
any van manufactured to accommodate 15 passengers, including the driver, regardless of whether that van
has been altered to accommodate fewer than 15 passengers.
Additional Information if you are Transporting School Pupils at or Below the 12th Grade
School Bus Defined – California Vehicle Code § 545
High Occupancy Vehicles (10-person vans) are not considered school buses and, therefore, the School
Bus (S) endorsement is not required. The California Vehicle Code (CVC) § 545 defines a “school bus" as a
motor vehicle designed, used, or maintained for the transportation of any school pupil at or below the 12th
grade level to or from a public or private school or to or from public or private school activities. A school
bus is not a motor truck transporting pupils who are seated only in the passenger compartment, or a
passenger vehicle designed for and carrying not more than 10 persons (including the driver), unless the
vehicle or truck is transporting two or more disabled pupils confined to wheelchairs.
A motor vehicle is not a “school bus" if it is operated for the purpose of transporting any pupil to or from
a community college or to or from activities at that college, irrespective of the age of the pupil or the
grade level of the pupil, if the pupil is a current enrollee in classes of the college providing the
transportation. (CVC § 545.1)
CDL Classes for Every State
There are three separate classes of commercial driver's licenses. Every state issues licenses in these categories:
•
Class A: Any combination of vehicles with a gross vehicle weight rating (GWVR) of 26,001 lbs. or
more, provided the GVWR of the vehicle(s) being towed is in excess of 10,000 lbs., including any under
Class B and C.
•
Class B: Any single vehicle with a GVWR of 26,001 lbs. or more, or any such vehicle towing a vehicle
not in excess of 10,000 lbs. GVWR, including any under Class C.
•
Class C: A Class C vehicle that carries hazardous materials or, with endorsements, a capacity of 16
passengers or more. This includes the driver.
Keenan’s Loss Control Bulletins are intended to help clients identify and mitigate hazards and potential liability exposures. We do not represent or guarantee that they
will be able to identify or address all potential hazards, or offer a fail-safe mechanism for dealing with them. We make no promise or representation that clients will
recognize improved loss experience or premium savings as a result of these services. Keenan & Associates is not a law firm and no opinion, suggestion, or
recommendation of the firm or its employees shall constitute legal advice. Clients are advised to consult with their own attorney for a determination of their legal rights,
responsibilities and liabilities, including the interpretation of any statute or regulation, or its application to client’s business activities.
© 2016 Keenan & Associates | License No. 0451271
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