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School Buses

School buses are typically operated by three types of entities: the public school system, a private school or school bus transportation contractors. All three qualify for an exception found in 390.3(f)(1) when transporting students from home to school and from school to home as long as they are using a vehicle that meets the definition of a school bus. Since the public school system is also part of a government entity they qualify for the exception found in 390.3(f)(2), while the private school and contractors do not.

The Federal Motor Carrier Safety Regulations defer regulatory oversight for public school bus transportation to local and State governing bodies, but still maintain oversight in the area of controlled substance and alcohol testing and commercial driver’s license. For more in depth information regarding public school bus transportation please refer to Oklahoma State Law Title 47 motor vehicle laws and Title 70 Schools Article 9 Transportation, as well as Oklahoma Administrative Rules Title 210 Chapter 30 subchapter 5

School Bus Operations

School bus means a passenger motor vehicle which is designed or used to carry more than 10 passengers in addition to the driver, and which the Secretary determines is likely to be significantly used for the purpose of transporting pre-primary, primary, or secondary school students to such schools from home or from such schools to home. (49 CFR 390.5)

School bus operation means the use of a school bus to transport only school children and/or school personnel from home to school and from school to home. (49 CFR 390.5)

CDL required when operating any of the below CMVs 49 CFR 383.91:

1- Class A Combination Vehicle - having a gross combination weight rating or gross combination weight of 26,001 pounds or more, whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 10,000 pounds, whichever is greater; or

2- Class B Heavy Straight Vehicle - having a gross vehicle weight rating or gross vehicle weight of 26,001 pounds or more, whichever is greater; or

3- Class C Small Vehicle that does not meet Class A or B requirements but that either

Is designed to transport 16 or more passengers, including the driver; or
Is of any size and is used in the transportation of hazardous materials as defined in this section; or
Is of any size and is used in the transportation of hazardous materials as defined in this section

Endorsements 49 CFR 383.93

Question 14:Are drivers required to have both the “P” passenger and “S” school bus endorsements if they are not transporting students when operating a “school bus,” as defined in 49 CFR §383.5?

Guidance:No. Only drivers actually transporting pre-primary, primary, or secondary school students from home to school, from school to home, or to and from school sponsored events in a school bus are required to have both the “P” and “S” endorsements. Only a “P” endorsement is required by drivers delivering school buses from the manufacturer, by mechanics and other drivers operating empty school buses, and by drivers transporting students and/or adults to and from events that are not sponsored by the school.

Required under the Federal Motor Carrier Safety Regulations

IF the vehicle meets the requirement for a CDL then Part 382 and Part 383 apply to all drivers. Part 382 and 383 are not included in the exceptions found in 390.3(f)(1) or 390.3(f)(2).

Part 382: All applies - Controlled Substances and Alcohol Use and Testing

Part 383: All applies - Commercial Driver’s License Standards

P = Passenger endorsement

S = School Bus endorsement

Exceptions to the Federal Motor Carrier Safety Regulations

390.3(f) Unless otherwise specifically provided, the rules in this subchapter do not apply to:

All school bus operations as defined in §390.5, except for the provisions of §§ 391.15(e) and (f), 392.80, and 392.82 of this chapter
Transportation performed by the Federal government, a State, or any political subdivision of a State, or an agency established under a compact between States that has been approved by the Congress of the United States

School bus use outside the scope of “school bus operation”

School buses can be used outside of the scope of transporting students from home to school and from school to home. While this is the most common use of school buses, they are also used to transport students, school volunteers and faculty to and from school events and activities. In these instances, school buses operated by the public school system are covered by the exemption in 390.3(f)(1).

Private Schools: School buses operated by private schools in these instances would be considered a private motor carrier of passengers – nonbusiness and subject to the regulations governing such classification. If the private school charges a fee for the use of the bus, they would then be considered a “for-hire” motor carrier of passengers and subject to the regulations governing such classification.

School bus contractors: School buses operated by contractors in these instances or charter services to the general public are considered “for-hire” and subject to the regulations governing such classification.

Transportation of passengers for a fee, either directly or indirectly, is generally considered available to the general public. It is immaterial that this type of transportation may only be attractive to a limited group, it is still considered available to the general public. Compensation, either direct or indirect, requires the motor carrier to be classified as a “for-hire” motor carrier and subject to the rules governing such classification.

Interpretation found in 390.3:

Question 14:What is the applicability of the FMCSRs to motor carriers owning and operating school buses that contract with a municipality to provide pupil transportation services?

Guidance:For the purposes of the FMCSRs, parts 390-399, ‘‘school bus operation’’ means the use of a school bus to transport school children and/or school personnel from home to school and from school to home. A ‘‘school bus’’ is a passenger motor vehicle designed to carry more than 10 passengers in addition to the driver, and used primarily for school bus operations (see §390.5). School bus operations and transportation performed by government entities are specifically exempted from the FMCSRs under §390.3(f).

However, anyone operating school buses under contract with a school is a for-hire motor carrier. When a nongovernment, for-hire motor carrier transports children to school-related functions other than ‘‘school bus operation’’ such as sporting events, class trips, etc., and operates across State lines, its operation must be conducted in accordance with the FMCSRs. This applies to motor carriers that operate CMVs as defined under part 390 which includes vehicles which have a GVWR of 10,001 pounds or more or are designed or used to carry passengers for compensation, except 6-passenger taxicabs not operating on fixed routes.

In certain instances, carriers providing school bus transportation are not subject to the Bus Regulatory Reform Act of 1982 and the minimum financial responsibility requirements (part 387) issued under this Act. Transportation of school children and teachers that is organized, sponsored, and paid for by the school district is not subject to part 387. Therefore, school bus contractors must comply with the FMCSRs for interstate trips such as sporting events and class trips but are not required by Federal regulations to carry a specific level of insurance coverage.

For those operations provided by school bus contractors that are subject to the FMCSRs, the motor carriers must keep driver and vehicle records as required by the regulations. This would include driver qualifications records (part 391), driver records of duty status (part 395), accident report retention (part 390), and inspection, repair, and maintenance records (part 396) for the drivers and vehicles that are used on the trips that are subject to the FMCSRs. These records are not required under the FMCSRs for the other vehicles in the motor carrier's fleet that are not subject to the regulations.

Additional State Statutes

Requirements for equipment and markings for both school and church buses can be found in §47-12-228

Color requirements for converted school buses can be found under §47-12-428.