News & Insights

Occasionally, school transportation contractors may encounter a situation where either a student or driver requires supplemental oxygen therapy, requiring the driver or student to use a portable oxygen tank. As portable oxygen tanks store oxygen under pressure, transportation contractors that encounter this issue may question the legality and safety of allowing this on the vehicle.Interestingly, no federal or state law explicitly addresses oxygen tanks on school buses; however, regulations on the transportation of hazardous materials on passenger-carrying vehicles and related guidance provide insight that may be instructive for transportation contractors.    

Under federal regulations governing the transportation of hazardous materials, compressed medical oxygen is classified as a non-flammable, non-toxic, Class 2 hazardous material. 49 C.F.R. §§172.101. 173.115. Federal regulations suggest that hazardous materials should not be carried on passenger-carrying, for-hire vehicles when other practicable means of transportation are available. 49 C.F.R. §177.870(b). However, when a hazardous substance other than a Class 1 substance is transported on a passenger-carrying vehicle, its total weight must not exceed 99 pounds, or 250 pounds if secured against shifting while in transit. §177.870(e). 

Of note, a 1999 U.S. Department of Transportation interpretation of the hazardous materials regulations provides that cylinder’s of oxygen used by a passenger for medical reasons are not regulated under the hazardous materials regulations. But, in guidance published by the FMCSA in it’s Passenger Carrier Resource Guide, FMCSA states that passengers on a vehicle for-hire are permitted to bring one cylinder into the passenger compartment for personal use.  Passenger Carrier Resource Guide, Page 27. The guidance also addresses best practices regarding a passenger’s compressed oxygen, including but not limited to transporting the cylinder in accordance with the manufacturer’s instructions, inspecting the cylinder to ensure it is free from leaks and cracks, and securing the cylinders to prevent movement and leakage. Id. When supplement oxygen is required by a student’s IEP, the transportation contractor should consult with the school district to ensure that the transportation is provided in accordance with the IEP and that the oxygen is transported and used safely. 

FMCSA has published guidance on whether a driver on oxygen therapy can be qualified to drive in interstate commerce. FMCSA states that in most cases, the use of oxygen therapy while driving would be disqualifying, and the driver would need to pass a pulmonary function test. But, this guidance only specifically addresses a driver operating in interstate transportation, andappears to leave room for driver’s on supplement oxygen to be qualified on a case-by-case basis. Pennsylvania does not have any specific law, regulation, or guidance addressing oxygen use by drivers. However, the DL-704 school bus driver examination form states that an individual may be physically qualified so long as there is no medical history or clinical diagnosis of respiratory dysfunction that would impair the driver’s ability to safely operate a school bus. So, if an intrastate school bus driver who requires supplemental oxygen passes the required school bus physical, the need for supplemental oxygen does not appear to automatically disqualify the driver. 

If you have a student or driver that requires supplemental oxygen therapy and a portable oxygen tank, and have questions on above, please contact us by emailing help@rckelly.com or calling 215-896-3846.