Legal Focus

On July 2, 2019, Governor Tom Wolf, signed SB 440 into law allowing Pennsylvania schools to have up to five “flexible instructional days” each year in place of face to face classroom time. This means that the number of days that require transportation to and from school could be reduced from the currently required 180 days. While this may be a benefit to school districts, most school bus contracts are based on an anticipated 180 days of revenue. Eliminating five days of transportation could r...

Many remember the 2016 Obama era rule from the U.S. Dept. of Labor (US DOL) that sought to more than double the threshold for overtime pay by employers. That rule was contested in federal court and was ultimately withdrawn by the Trump administration. The U.S. Department of Labor is now again proposing a new rule that would increase the overtime pay threshold and the number of workers eligible for overtime pay and minimum wage.

In September 2018, the Federal Motor Carrier Safety Administration (FMCSA) announced it was revising 49 CFR § 391.41 to permit drivers with a stable insulin regimen and properly controlled insulin-treated diabetes mellitus (ITDM) to be permitted to operate commercial motor vehicles (CMVs) in interstate commerce without an exemption from FMCSA.

In December 2018, the Uniform Carrier Registration Boac ("UCRB") approved the National School Transportation Association ("NSTA") request for an intrastate school bus fee exemption. This new UCR fee exemption allows school buses that will not cross state lines from their UCR fee calculation. This is a huge savings for contractors who have only a few school buses in their fleet that actually cross state lines.

The debate about seats belts on school buses has been shurning for decades. Despite years of debate there is currently no Federal requirment for seat belts on school buses. As a result, several states have elected to establish legislation requiring seat belts on school buses. But, the National Highway Traffic Safety Administration (NHTSA) currently stands b its commitment to compartmentalization, the current federal requirment, and maintains that is is the most effective method during the eve...

In January of this year Act 43 of 2017 created a new tax witholing obligation for Pennsylvania business. The new law aims to assure that non-residents of Pennsylvania pay their fair share of income tax owed on revenue generated from Pennsylvania based business. The new law aims to assure that non-residents of Pennsylvania pay their fair share of income tax owed on revenue generated from Pennsylvania based businesses.

Many contractors begin services by only providing intrastate operations within their home state. However, contractors are often presented with lucrative opportunities that include providing services outside of their home state. There are a number of additional requirements for a school bus contractor who wishes to provide transportation services across state lines. This article will discuss the requirements needed for a business to begin operations through interstate commerce.