Legal Focus

Archive by category: School BusReturn

Use of Red Dyed Fuel in School Buses

Operators of diesel vehicles know that red dye in diesel fuel indicates that the fuel was provided to the end user without payment of “on-road” taxes. The most common permitted use of red dyed fuel is for farming and agricultural use. That is why red dyed diesel fuel is commonly called “off-road diesel”. The language of the exceptions permitting the use of red dyed diesel on public roads are reasonably interpreted to include certain school bus use on public roads, but the exception language ...
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Federal Grants for Homeless Student Transportation

Homeless student transportation is an ongoing issue for many school districts. It is especially problematic if the student’s drop off location changes multiple times throughout the school year. The costs of transporting a single student outside of typical routes can be costly. Fortunately, the federal government created the McKinney-Vento Homeless Assistance Act of 1987 (“McKinney-Vento”), as a way to provide funding to help pay for the school transportation needs of homeless students. This ...
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Avoiding OSHA Violations for School Bus Violence

According to the General Duties Clause of the Occupational Safety and Health Act (OSHA), 29 U.S.C. § 654, each employer must furnish employees a place of employment free from recognized hazards that are likely to cause serious physical harm to employees. In the school bus industry that usually means protection from school bus violence. In January, 2017, OSHA fined a Pennsylvania psychiatric hospital $32,000 for exposing its employees to workplace violence caused by patients. Similarly, a Massach...
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New York's Medical Marijuana Law: What Does it Mean for School Bus Contractors

In 2014 New York legalized medical marijuana with passage of the Compassionate Care Act (CCA). This NY state law allows doctors to prescribe marijuana in a non-smokable form to patients with serious ailments that are recognized by the state on a predefined list of conditions. New York is one of twenty-nine states in the U.S. to have legalized marijuana. But, all of the state laws legalizing marijuana are in conflict with current federal law. This article discusses the conflict of the New York la...
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Underground Storage Tanks-Assure Compliance to Avoid Penalties

The Pennsylvania Storage Tank and Spill Prevention Act (STSPA) requires owners and operators of Underground Storage Tanks (USTs) to comply with testing and inspections, ensuring no contaminants are released from their USTs. If owners or operators of USTs fail to comply with the requirements, they may be punished civilly under 35 P.S. §6021.1307, or criminally under 35 P.S. § 6021.1306. Civil penalties may be assessed up to $10,000 per day for each violation. 35 P.S. § 6021.1307 (a). This articl...
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Social Media and School Bus Drivers

Social media has become an integral part of daily life for most individuals. As a result, it is seemingly impossible to go through the day without utilizing it for any given purpose. From employees to employers, social media affects everyone. This article discusses the use of social media as it relates to school transportation contractors.
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Small Above-Ground Storage Tank Inspections

Many school bus contractors house small above-ground fuel tanks on their property. However, not all contractors are aware of their state’s fuel-tank maintenance requirements. Above-ground storage tanks (ASTs) holding less than 21,000 gallons require management by way of inspections or monitoring on a periodic basis. This article discusses the major requirements mandated by state law, so your small tanks remain compliant and you avoid severe penalties.
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