Legal Focus

The school bus sales and use tax exclusion is an important tax exemption for school bus contractors in Pennsylvania. Last month a member contractor successfully challenged an auditor’s limitation of that exclusion. Details follow.

On July 1, 2015 House Bill 1276 was passed and signed into law as Act 15 of 2015 updating the Child Protective Services Law (CPSL) regarding the timing and portability of background checks for employees who have direct contact with children. This amendment to the CPSL makes important changes to coordinate with Pennsylvania’s Public School Code of 1949.

Recently, many school bus contractors have had questions regarding “Act 126” Child Abuse Reporting and Recognition Training for school bus drivers employed by independent contractors that is required by 24 P.S. § 12-1205.6, part of Pennsylvania’s Public School Code of 1949. The most common questions are “what must be taught” and “who is permitted to teach school bus drivers”.

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.

Pennsylvania’s Child Protective Services Law (CPSL), 55 Pa. Code § 3490, et seq., was enacted to protect abused children and preserve/stabilize families by alerting appropriate law enforcement agencies to investigate and respond to suspected child abuse. The law requires that “Required Reporters” act to inform law enforcement of suspected child abuse and prioritizes law enforcement’s response to best protect children at risk.

Measles has been headline news recently. According to the Centers for Disease Control (CDC), in the U.S. there were 644 reported cases of measles in 2014 and the first month of 2015 has seen over 100 reported cases, including cases in Pennsylvania. Several contractors have been notified of responsive plans or actions initiated by school district administrators that could result in an interruption of normal school bus operations. You should be prepared.

Many school bus contractors have called our offices with questions about news articles announcing that after January 30, 2015, CDL holders will no longer need to carry a federal medical examiner’s certificate. This article will provide you with the background information regarding this announcement and current status of the FMCSA rule.