School buses

Scope

Drivers of school buses must know which federal safety rules apply to them.

Regulatory citations

• 49 CFR Part 382 — Controlled Substances and Alcohol Use and Testing
• 49 CFR Part 383 — Commerical Driver’s License Standards; Requirements and Penalties
• 49 CFR Part 390 — General applicability

Key definitions

• None

Summary of requirements

Day-to-day school bus operations are generally regulated at the state or local level, and they are exempt from the Federal Motor Carrier Safety Regulations (FMCSRs) as found in 49 CFR Parts 350-399. However, there are certain federal safety rules that will always apply, and others that may apply depending on the circumstances.

Parts 382and383. If a bus transports or is designed to transport 16 or more passengers, including the driver, or weighs 26,001 pounds or more, then the driver must:

• Carry a commercial driver’s license (CDL) with school bus endorsement, as required in Part 383; and
• Comply with the drug and alcohol testing rules in Part 382.

This is true even if the bus is being operated by a government unit, such as a school district. If a bus is being operated wholly on private property that is not open to public travel, then Parts 382 and 383 would not apply.

Exemptions. If a vehicle is defined as a “commercial motor vehicle” in 390.5, it normally would be subject to the FMCSRs. However, under 390.3(f)(1), there is an important exemption for all “school bus operations.” A “school bus operation” is defined as the use of a passenger vehicle designed or used to carry more than 10 passengers, not including the driver, to transport preprimary, primary, or secondary school students and/or school personnel from home to school and from school to home.

Another exemption in 390.3(f)(2) applies to buses that are operated by a government entity, such as a school district. This exemption would not apply to a contractor operating buses on behalf of a school district, however.

Keep in mind that the rules in Parts 382 and 383 may apply even if the company is exempt from the rest of the FMCSRs.

When the FMCSRs apply. The FMCSRs include requirements for hours of service, driver qualification, daily and annual inspections, vehicle marking, and other topics.

When a school bus is not being used for “school bus operations,” that is, when it is operated outside of the “home to school and school to home” area, such as for an athletic event or field trip, the FMCSRs may apply, depending on the circumstances. The bus driver and employer would have to comply with the FMCSRs if:

• The bus transports or is designed to transport 16 or more passengers (including the driver) or weighs 10,001 pounds or more; AND
• The two exemptions described above (for government drivers and “school bus operations”) do not apply; AND
• The bus is crossing state lines.

Interstate operations. According to Question 14 in the Federal Motor Carrier Safety Administration’s interpretations to 390.3, a specific level of insurance coverage is not required for school bus contractors operating interstate trips such as for sporting events and class trips.

Intrastate operations. If a bus is staying within a single state (and thus is not defined as a “commercial motor vehicle” in 390.5), then state and/or local rules would apply. Such rules may be similar or identical to the FMCSRs, or there may be significant differences. Contact state or local enforcement authority for details.