Legal Focus

In January 2024, New York Governor Kathy Hochul directed the state Department of Motor Vehicles to implement the Federal Motor Carrier Safety Administration’s (“FMCSA”) Under the Hood (“UTH”) CDL Testing Exemption, in an effort to enhance school bus driver recruiting. This initiative is also known as the “School Bus Only CDL” because it allows school bus operators to simplify the CDL training process for candidates who are obtaining their CDL for the purpose of driving a “School Bus Only...

In January 2022 the Federal Motor Carrier Safety Administration (FMCSA) granted a ninety day waiver of the “Under-the-Hood” portion of CDL skills test for school bus drivers to help address the driver shortage. Seven states implemented modified CDL testing for school bus drivers, and FMCSA extended the ninety day waiver two more times. But, some states still declined to modify their CDL testing for school bus drivers due to the short duration of the waiver. In September 2022, FMCSA sought comm...

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 ...

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.