Legal Focus

As you may have heard, a proposal has been made by the Department of Justice, Drug Enforcement Administration (“DEA”) to reschedule marijuana from Schedule I of the Controlled Substances Act to Schedule III on the basis that marijuana has a currently accepted medical use and does not have the same level of abuse potential or level of physical or psychological dependence as other Schedule I drugs, consistent with the Department of Health and Human Services views on marijuana. The DEA filed a No...

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.

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...

Drug testing is an important part of the job for school bus contractors, but the FMCSA rules can be complex and difficult to understand which complicates the hiring process. Hiring for contractors is also unique because many applicants come to the employer without a commercial driver’s license (“CDL”) or endorsements needed to perform the job. But, contractors do not want to expend a lot of time and money on training for an applicant who they won’t retain. This article discusses common quest...

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.

As we approach the end of another school year, many school transportation contractors will once again ramp up their summer recruitment and hiring practices. While some transportation contractors have found temporary relief from the weight of the ongoing driver shortage, such as those who are in states that have adopted the FMCSA Under the Hood Waiver, most contractors will continue to battle the shortage heading into the coming school year. As contractors are casting a wider net for school bus d...

For most school transportation contractors in Pennsylvania, the majority of transportation services are provided intrastate, i.e. within the bounds of state lines. However, contractors are often approached by school districts to transport students for extracurricular activities, such as sports or field trips, across state lines. This leaves some contractors wondering what, if any, additional requirements must be met in order to provide interstate transportation.