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.

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.

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.

On May 2, 2023, the Department of Transportation (“DOT”) published a final rule permitting the use of oral fluid drug testing in certain regulated drug testing programs. The final rule affects agencies under the DOT, including the Federal Motor Carrier Safety Administration (“FMCSA”). Continue reading to learn more about what the rule requires, as well as some additional considerations regarding oral fluid drug testing.

For school bus contractors, proper access to and handling of confidential student information is important. This is especially true when dealing with special issues related to a child’s care. Businesses and school districts often struggle to balance the protection of student privacy with the disclosure of information necessary for student health and safety. This article discusses access to and protection of confidential information.