Legal Focus

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.

School transportation contractors in Pennsylvania may find themselves in a situation where a school district customer is requesting that the transportation contractor carry certain emergency medications and treatments on the school bus. For some, school districts may have inquired about carrying and administering naloxone nasal spray (commonly referred to its brand name Narcan). Some Pennsylvania transportation contractors have also been down this road before with school districts requesting tha...

On August 28, 2023, the Pennsylvania Department of Transportation (“PennDOT”) implemented FMCSA’s Under the Hood (UTH) CDL Testing Exemption to enhance school bus driver recruiting and retention as directed by House Resolution 15. This initiative is also known as the “School Bus Only CDL” because it allows school bus operators in Pennsylvania to simplify the CDL training process for candidates who are obtaining their CDL for the purpose of driving a “School Bus Only”. Continue reading f...

Once again, the United States Department of Labor (the “Department’) is looking to expand eligibility for overtime pay required under the Fair Labor Standards Act (the “FLSA”). The newly proposed rule was announced by the Department on August 30, 2023, and subsequently published in the federal register on September 8, 2023. Continue reading for an overview of what the current overtime law requires, what the proposed rule seeks to change, and how your business may be affected.