When Bus and Van Drivers Need a CDL: P and S Endorsements and Entry-Level Training

Two thresholds, not one

The federal safety rules and the federal licensing rules use different definitions of a commercial motor vehicle.

• Safety rules (49 CFR 390.5T): an interstate vehicle designed or used to carry more than 8 people including the driver for compensation, or more than 15 including the driver without compensation, is a commercial motor vehicle. It needs a USDOT number, and the driver must meet the driver qualification, medical and hours-of-service rules.
• CDL rules (49 CFR 383.5): a passenger vehicle requires a CDL if it is designed to transport 16 or more passengers, including the driver, or if its weight places it in Class A or Class B (a gross vehicle weight rating of 26,001 pounds or more for a single vehicle).

The result is a band of vehicles, typically for-hire vans and small shuttles with 9 to 15 seats, where the operation is fully regulated but the driver holds an ordinary license. Those drivers still need a medical examiner's certificate, a driver qualification file and hours-of-service compliance. They do not need a CDL, a P endorsement or entry-level driver training, and they are not in the Part 382 drug and alcohol testing program, which covers CDL drivers.

The CDL rules apply to intrastate drivers too. Under 49 CFR 383.3, Part 383 covers every person who operates a CMV in interstate, foreign or intrastate commerce, and the general exemptions in 390.3T(f), such as the one for government operations, do not apply to it. A school district driver in a 72-passenger bus needs a CDL even though the district's buses are otherwise outside the federal safety rules.

Which license class

Most full-size motorcoaches and transit-style buses are single vehicles over 26,000 pounds, which makes them Class B. Smaller cutaway buses under 26,001 pounds that are designed for 16 or more people fall into Class C, which still requires a CDL with the P endorsement. A bus towing a trailer heavy enough to cross the Class A combination threshold would need Class A, which is uncommon in passenger work.

The P endorsement

Under 49 CFR 383.93, a driver needs the passenger (P) endorsement to operate a passenger vehicle that requires a CDL. It requires a knowledge test and a skills test, and the skills test must be taken in a passenger vehicle of the same group the driver will operate.

The S endorsement

School bus drivers need the school bus (S) endorsement, and 49 CFR 383.123 requires that they first qualify for the P endorsement. The S knowledge test covers loading and unloading children, safe use of stop arms, mirrors and warning lights, emergency exits and evacuation, and railroad-highway grade crossings. The skills test must be taken in a school bus of the same vehicle group the driver will drive.

For CDL purposes, 49 CFR 383.5 defines a school bus as a CMV used to carry pre-primary, primary or secondary students between home and school or to and from school-sponsored events, and it excludes operations of a for-hire motor carrier. That is why a charter company's driver taking a high school team to a game does not need the S endorsement for that trip, while a district driver does.

The commercial learner's permit

A new driver starts with a commercial learner's permit (CLP). Under 49 CFR 383.25:

• Only the P, S and N (tank) endorsements may appear on a CLP, each after its knowledge test.
• A CLP holder with a P or S endorsement may not carry passengers other than federal or state auditors and inspectors, test examiners, other trainees and the CDL holder accompanying them. Training runs are empty runs.
• The CLP holder may not take the skills test in the first 14 days after the permit is first issued.
• A CLP is valid for no more than one year from initial issuance without retaking the knowledge tests.

Entry-level driver training (ELDT)

Since February 7, 2022, a driver must complete training from a provider listed on FMCSA's Training Provider Registry before taking the skills test for:

• a Class A or Class B CDL for the first time;
• an upgrade from Class B to Class A; or
• a P, S or H endorsement for the first time.

Drivers who already held the license or endorsement, even if it has since lapsed, are not subject to ELDT. Neither is someone who got a CLP before February 7, 2022 and gets the CDL before that permit or its renewal expires.

Once licensed, bus drivers work under the passenger hours-of-service limits, not the truck rules. A driver seeking a Class B CDL with the P endorsement completes both the Class B curriculum and the P curriculum. Motor carriers are allowed to register as training providers, which some bus companies do to train their own hires. Training a driver in-house still means meeting the full curriculum, instructor qualifications and registry reporting.

What the CDL brings with it

Once a driver needs a CDL, the employer's drug and alcohol testing obligations under 49 CFR Part 382 follow, including pre-employment testing, random testing (2026 minimums: 50% for drugs, 10% for alcohol) and Clearinghouse queries. Part 382 covers casual, intermittent and occasional drivers too, so a part-time weekend driver is in the pool. See the guides to drug and alcohol testing and Clearinghouse queries. Since November 18, 2024, states must remove the commercial driving privilege of a driver who is in prohibited status in the Clearinghouse.

Common mistakes

• Counting only passenger seats. The 16-person CDL threshold includes the driver. A bus with 15 passenger seats plus the driver needs a CDL.
• Removing seats to avoid the CDL. The CDL definition looks at what the vehicle is designed to carry. How a reconfigured vehicle is classified is a question to put to your state licensing agency in writing before you rely on it.
• Assuming no CDL means no rules. A for-hire 12-passenger van driver needs a valid medical certificate and a qualification file, and the carrier needs passenger authority and $1,500,000 in coverage.
• Letting a CLP holder carry passengers. Federal rules prohibit it, even with a CDL holder in the seat beside them.
• Hiring a driver with an old P endorsement and skipping the Clearinghouse. ELDT may not apply to a returning driver, but the pre-employment Clearinghouse query and drug test always do.

States issue CDLs and may add their own requirements. School bus drivers in particular often face state certification, background check and training requirements on top of the federal S endorsement. Check your state's licensing agency before you hire.

Questions

Do I need a CDL to drive a 15-passenger van for hire?

Not under federal rules, if the van is designed for 15 or fewer people including the driver and weighs under 26,001 pounds. The operation is still regulated: the driver needs a medical certificate and must follow hours-of-service rules, and the carrier needs authority and insurance.

Can I get the S endorsement without the P endorsement?

No. Under 49 CFR 383.123, a school bus endorsement applicant must first qualify for the passenger endorsement.

Is there a minimum number of training hours for the P endorsement?

No. Federal ELDT rules set no minimum hours. The provider must cover every theory topic, the driver must score at least 80% on the theory assessment, and behind-the-wheel proficiency is judged by the instructor.

Does a driver who had a P endorsement years ago need ELDT again?

No. Someone who previously held the endorsement is not subject to ELDT for it, even if it lapsed. The state may still require knowledge or skills retesting.