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Legal Focus

 
Archive by tag: Federal Motor Carrier Safety AdministrationReturn

Removing Barriers to Entry for New School Bus Drivers

The school bus driver shortage has become a nationwide issue that has even resulted in some schools canceling instructional days. All school bus contractors have been faced with this issue and regularly struggle with keeping drivers behind the wheel. Operators have tried bonus programs, referral programs, and free CDL training. Despite these efforts, the driver shortage continues. Following is a novel approach that could provide some relief by removing a common barrier to entry that discourages ...
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Legal Update for School Bus Contractors

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.
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FMCSA Drug & Alcohol Clearinghouse Begins in January 2020

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...
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Proposed Changes to FMCSA Hours of Service Requirements

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...
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Summer Charters

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.
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Diabetes Exemptions & Waivers

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.
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Drug & Alcohol Policies - Discretionary or Zero Tolerance

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...
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