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School buses
  • School bus operations between a school and the students’ home are exempt from the Federal Motor Carrier Safety Regulations (FMCSRs) except the bans on texting and hand-held cellphone use.
  • School buses operated by the government, such as a local school district, are exempt from the FMCSRs, but this exemption does not extend to contractors performing the transportation on behalf of the government.

Under the Federal Motor Carrier Safety Regulations (FMCSRs), a “school bus” is a passenger motor vehicle designed or used to carry a driver plus 11 or more passengers and is primarily used for the purpose of transporting pre-primary, primary, or secondary-school students between home and school. These “standard” school bus operations — those that operate between a school and students’ homes — are exempt from the FMCSRs under 390.3(f)(1), except for the bans on texting and hand-held cellphone use.

School buses operated by the government, such as a local school district, are exempt from the FMCSRs entirely, under 390.3(f)(2), but this exemption does not extend to contractors performing transportation on behalf of the government.

School buses used to transport post-secondary students or for travel to extracurricular activities across state lines, however, may be subject to at least some of the rules.

The following table outlines how the FMCSRs in Parts 382 and 383, and Parts 390396 apply to school-bus operations:

Operation typeStudent typeWhen used to/from school and homeWhen used for extracurricular activities
Public schoolAnyExempt from most FMCSRs except CDL licensing and drug/alcohol testingExempt from most FMCSRs except CDL licensing and drug/alcohol testing
Private schoolPre-primary, primary, and secondary studentExempt from most FMCSRs except CDL licensing and drug/alcohol testingSubject to FMCSRs as PMCP (Business)
Private schoolPost-secondarySubject to FMCSRs as PMCP (Business)Subject to FMCSRs as PMCP (Business)
For-hire contractorPre-primary, primary, and/or secondaryExempt from most FMCSRs except CDL licensing and drug/alcohol testingSubject to FMCSRs as for-hire carrier
For-hire contractorPost-secondarySubject to FMCSRs as for- hire carrierSubject to FMCSRs as for-hire carrier