Legal Focus

The school bus driver shortage has become a nationwide issue that has even resulted in some schools canceling instructional days. All school bus contractors have been faced with this issue and regularly struggle with keeping drivers behind the wheel. Operators have tried bonus programs, referral programs, and free CDL training. Despite these efforts, the driver shortage continues. Following is a novel approach that could provide some relief by removing a common barrier to entry that discourages ...

Despite the National Highway Traffic Safety Administration’s (NHTSA) continued position that “the school bus is the safest vehicle on the road”, in 2019 the school bus industry has been the focus of increased attention from lawmakers and regulators. Following is a brief discussion of the evolving state and federal laws from the past year that matter most to Pennsylvania’s school bus contractors.

On December 5, 2016, the FMCSA published a final rule, which amended the Federal Motor Carrier Safety Regulations to establish requirements for a Commercial Driver License Drug and Alcohol Clearinghouse (the “Clearinghouse”). The Clearinghouse will be a database that contains information about individuals’ violations of the FMCSA’s drug and alcohol testing program for drivers who hold a Commercial Driver’s License (“CDL”). This article will help ensure that you are compliant with the man...

The FMCSA is considering changes to its Hours of Service rules, some of which will have an effect on the school bus industry. Shortly after the Federal Motor Carrier Safety Administration (“FMCSA”) instituted Electronic Logging Devices (“ELDs”) to record hours of service, it received notice of additional changes which are desired by those who were affected. On August 22, 2019, the FMCSA issued a Notice of Proposed Rulemaking with changes that FMCSA is now proposing to the hours of service re...

While many Contractors understand the importance of safety in their operations, few may actually be maximizing the benefits of company safety policies and procedures. Did you know that an employer with a Certified Workplace Safety Committee is eligible to receive a five percent (5%) discount on their Workers' Compensation Insurance premium annually? Soliciting the assistance of your staff and developing a Certified Safety Committee will help you identify and correct additional risks you may ...

Employers are often unsure how to proceed when they receive a complaint of alleged misconduct in the workplace. Sometimes the complaints or allegations are clear and detailed. But, other times employees might not be forth coming with details for a number of reasons. Knowing how to identify and respond to reported or potential improper workplace conduct is important for all employers. Investigating reported or possible incidents of improper conduct in the workplace can be done through a workplace...

Typically, school transportation is provided to school districts, charter schools, and other non-public schools either by the school district’s own transportation department or by a private contractor. However, public transit that is operated by a state or local government authority (an “Operator”), can also, in some instances, provide school transportation services. For an Operator to be able to provide “school bus operations” and also continue receiving federal funds to operate public tra...