Legal Focus

As you may have heard, a proposal has been made by the Department of Justice, Drug Enforcement Administration (“DEA”) to reschedule marijuana from Schedule I of the Controlled Substances Act to Schedule III on the basis that marijuana has a currently accepted medical use and does not have the same level of abuse potential or level of physical or psychological dependence as other Schedule I drugs, consistent with the Department of Health and Human Services views on marijuana. The DEA filed a No...

Overtime compliance can be difficult to track especially if your employees do not have a typical 9 to 5 workday. In addition, the tests that have been put into place by the United States Department of Labor to track are not always clear if your employees perform multiple types of work at differing rates. Now, the Department of Labor has introduced another change to overtime rules that will require employers to take an even closer look at whether their employees are owed overtime. To learn more a...

School bus contractors are required to comply with many laws and regulations to ensure legal compliance for their operations. Federal Motor Carrier laws and regulations and state Department of Transportation regulations are normally at the forefront of the minds of contractors. However, other laws that apply to the operations of contractors but are not necessarily transportation-related often get overlooked. One such law is the Fair Credit Reporting Act, which many contractors must comply with w...

Often, school bus contractors, repair facilities, and school bus OEMs and resellers may find themselves in a situation where they have an empty school bus that needs to be moved, but do not have a driver with a P endorsement readily available to drive. Recently, this issue has been tackled by the Federal Motor Carrier Safety Administration (“FMCSA”), so continue reading for an overview of what the law currently requires, and what updates may be on the way.

Planning routes and choosing stops for school buses and school vehicles is not an easy task. Stops can vary greatly depending on geographic area – some students may live on or near roads that require pickup or discharge on the road, yet others may require a pickup or discharge off the road. While school transportation contractors typically develop routes and stops in conjunction with their partnering school district, there are statutory and regulatory limitations, and safety considerations, tha...

In January 2024, New York Governor Kathy Hochul directed the state Department of Motor Vehicles to implement the Federal Motor Carrier Safety Administration’s (“FMCSA”) Under the Hood (“UTH”) CDL Testing Exemption, in an effort to enhance school bus driver recruiting. This initiative is also known as the “School Bus Only CDL” because it allows school bus operators to simplify the CDL training process for candidates who are obtaining their CDL for the purpose of driving a “School Bus Only...

On December 14, 2023 Act 56 of 2023 (formerly HB 1507) was signed by Gov. Shapiro changing the annual instructional time requirement from “180 days and 990 secondary and 900 elementary hours” to either 180 days or 900/990 hours. Contractor awareness and planning will be critical as schools contemplate school calendar changes that could be at odds with existing multi-year transportation contracts, impacting driver recruiting, retention, operations, and costs in significant ways.