School Buses, Church Buses and Private Groups: Which Federal Rules Apply

The two rules that almost always apply

Before the exemptions, the part most people miss: the CDL rules (49 CFR Part 383) and the drug and alcohol testing rules (49 CFR Part 382) are not switched off by the general exemptions in 49 CFR 390.3T(f). Both parts state this directly. Part 383 also applies to intrastate drivers. So any driver of a bus designed for 16 or more people including the driver, or a vehicle of 26,001 pounds or more, needs a CDL with the right endorsement and must be in a testing program, whether the employer is a school district, a church or a contractor.

The exceptions to that are narrow. Part 382 does not apply to employers who are covered only by the Federal Transit Administration's testing rules in 49 CFR Part 655, and states must exempt certain military drivers from Part 383.

School buses

The federal safety rules (Parts 390 to 399) do not apply to "school bus operations," which 49 CFR 390.5T defines as using a school bus to carry only school children and school personnel between home and school. A few provisions still apply even then, including the bans on texting and hand-held phone use while driving (392.80 and 392.82). Separately, transportation performed by a federal, state or local government is exempt from the safety rules.

FMCSA's school bus guidance sets out who is covered for interstate trips, outside Parts 382 and 383:

The interstate trip is the trigger. A contractor taking a team to a game in another state needs a USDOT number, and FMCSA treats anyone operating school buses under contract with a school as a for-hire motor carrier. FMCSA's guidance also notes that the federal insurance minimums do not apply to buses carrying only school children and teachers to or from school, or to a contractor's extracurricular trips that are organized, sponsored and paid for by a school district (49 CFR 387.27(b)). A contractor's charter for a booster club or a private group is not covered by that exception.

Driver licensing for school buses

District and contractor drivers on school routes need a CDL with the P and S endorsements. The S endorsement requires the P endorsement first, its own knowledge test and a skills test in a school bus. First-time P and S applicants must complete entry-level driver training. See CDL and passenger endorsement rules. For CDL purposes, a for-hire carrier's operations are excluded from the definition of a school bus, so a charter driver on a school trip needs the P endorsement but not the S.

Vehicle standards

School bus construction is regulated by the National Highway Traffic Safety Administration under the Federal Motor Vehicle Safety Standards, not by FMCSA. NHTSA treats a vehicle designed for 11 or more people that is likely to be used significantly to carry students to or from school or related events as a school bus. Federal law bars a school or school system from buying or leasing a new 15-passenger van for significant student transportation unless it meets school bus standards. A multifunction school activity bus (MFSAB) meets the crash protection standards of a school bus without the stop arm and flashing lights, and is the usual option for activity trips. How schools may use vehicles, including older vans, is governed by state law.

Where state law takes over

States run most of school transportation: driver certification beyond the CDL, background checks, annual training, bus inspections, equipment specifications, stop-arm laws and hours limits for district drivers. These vary widely, so a contractor working in several states needs each state's rules.

Church buses and other non-business groups

FMCSA classifies a church, scout group or similar charitable organization that uses its own bus to carry its own members across state lines as a non-business private motor carrier of passengers. Federal rules apply once the vehicle is a commercial motor vehicle: when it is designed or used to carry more than 15 people including the driver, or rated at 10,001 pounds or more.

Under 49 CFR 391.68, a non-business private carrier and its drivers are exempt from several driver qualification rules: the background inquiries in Subpart C, the medical examination and medical certificate requirements in 391.41 and 391.45, and the driver qualification file requirements in Subpart F. Drivers who hold a CDL still self-certify a medical category with their state licensing agency, so ask the agency which category applies before a driver applies or renews. The non-business carrier is also exempt from the driver vehicle inspection report requirement in 396.11 and the maintenance recordkeeping requirements in 396.3(b).

Testing applies to volunteers. Part 382 defines a driver to include casual, intermittent or occasional drivers, so a church member who drives the bus twice a year must be in the random pool and the Clearinghouse. A small church typically joins a consortium. See drug and alcohol testing.

Vans with 15 or fewer seats

A church van designed for 15 or fewer people including the driver, under 10,001 pounds, is not a commercial motor vehicle when it is not used for compensation, so the federal rules do not reach it. Where a vehicle carries 9 to 15 people for compensation but not direct compensation (for example, a free shuttle that is part of a paid package), 390.3T(f)(6) exempts it from most rules but still requires a USDOT number, vehicle marking, an accident register and compliance with the texting and phone bans.

Common mistakes

• Assuming the school exemption covers field trips. It covers home-to-school only. Interstate activity trips by contractors and private schools are regulated.
• Leaving volunteer drivers out of testing. If the bus needs a CDL, the volunteer is a covered driver.
• Charging members for trips. Once a church or club sells seats to the public or is paid to carry another group, it may stop being a non-business carrier and become a for-hire operation needing authority and $5,000,000 in insurance.
• Buying a used coach without a USDOT number plan. A church crossing state lines in a 16+ seat bus needs its own USDOT number before the first trip.
• Ignoring state rules for in-state trips. Many states apply their own versions of these rules, plus inspection programs, to buses that never leave the state.

Questions

Does a church bus need a USDOT number?

If it crosses state lines and is designed or used to carry more than 15 people including the driver, or weighs 10,001 pounds or more, yes. There is no fee for the number. The church does not need operating authority.

Do church bus drivers need a CDL?

Yes, if the bus is designed to carry 16 or more people including the driver or weighs 26,001 pounds or more. The driver needs a CDL with the P endorsement and must be in a drug and alcohol testing program, even as a volunteer.

Do FMCSA rules apply to public school buses?

Not the general safety rules: government transportation and home-to-school operations are exempt. The CDL and drug and alcohol testing rules still apply to district drivers. States regulate the rest.

Does a school bus contractor need $5 million in insurance?

Not for home-to-school routes or for extracurricular trips organized, sponsored and paid for by a school district. Other interstate for-hire trips, such as a charter for a private group, fall under the normal for-hire minimums.