Legal Focus

We are now in the heart of the 2021-2022 school year, and contractors are continuing to face the harsh reality of the nationwide driver shortage. Recently, FMCSA took action intended to enhance school bus driver recruiting and retention by waiving CDL skills testing requirements that tended to intimidate and discourage school bus driver candidates. On January 3, 2022, the Federal Motor Carrier Safety Association (FMCSA) published a “Waiver of Certain Pre-Trip inspection Skills Test Requirements...

Despite the National Highway Traffic Safety Administration’s (NHTSA) continued position that “the school bus is the safest vehicle on the road”, in 2019 the school bus industry has been the focus of increased attention from lawmakers and regulators. Following is a brief discussion of the evolving state and federal laws from the past year that matter most to Pennsylvania’s school bus contractors.

On December 5, 2016, the FMCSA published a final rule, which amended the Federal Motor Carrier Safety Regulations to establish requirements for a Commercial Driver License Drug and Alcohol Clearinghouse (the “Clearinghouse”). The Clearinghouse will be a database that contains information about individuals’ violations of the FMCSA’s drug and alcohol testing program for drivers who hold a Commercial Driver’s License (“CDL”). This article will help ensure that you are compliant with the man...

The FMCSA is considering changes to its Hours of Service rules, some of which will have an effect on the school bus industry. Shortly after the Federal Motor Carrier Safety Administration (“FMCSA”) instituted Electronic Logging Devices (“ELDs”) to record hours of service, it received notice of additional changes which are desired by those who were affected. On August 22, 2019, the FMCSA issued a Notice of Proposed Rulemaking with changes that FMCSA is now proposing to the hours of service re...

The end of the school year for students means the beginning of the summer charters season for school bus contractors. Summer camps, church groups, scout groups, and others frequently charter school buses for group trips in the summer. This note will talk about summer charter issues you should consider. But, be aware that all of the issues related to carrying non-student passengers for a fee are far more complex than can be addressed completely in this brief article.

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.

The Federal Motor Carrier Safety Administration (FMCSA) maintains strigent requirements for drug and alcohol testing in addition employers should have effective written policies about testing and dealing with positive tests when they occur. Test accuracy, prescription medications, and other factors often arise as issues that must be considered and reconciled. This article will review a school bus contracto's responsibilities related to FMCSA Random Drug & Alcohol tests, as well as review h...