News

The Federal Motor Carrier Safety Administration (FMCSA) is set to publish the following notice in tomorrow’s Federal Register on the Safe Driver Apprenticeship Pilot Program: https://www.federalregister.gov/public-inspection/2022-00733/safe-driver-apprenticeship-pilot-program-allow-persons-ages-18-19-and-20-to-operate-commercial-motor.

In summary, On September 10, 2020, FMCSA proposed a pilot program to allow persons ages 18, 19, and 20 to operate commercial motor vehicles (CMVs) in interstate commerce. That pilot was never implemented. However, the Infrastructure Investment and Jobs Act (IIJA), which was signed into law on November 15, 2021, requires FMCSA to establish a pilot program that would allow employers to establish an apprenticeship program for certain 18-, 19-, and 20-year-old drivers to operate commercial vehicles in interstate commerce. This notice addresses the comments received on the September 10, 2020 notice, and provides the details on the establishment of the Safe Driver Apprenticeship Pilot Program required by the IIJA.

The National Highway Traffic Safety Administration (NHTSA) has issued a Final Rule for motorcoaches establishing Federal Motor Vehicle Safety Standard (FMVSS) No. 227, ‘‘Bus rollover structural integrity,’’ to enhance the rollover structural integrity of motorcoaches, and other buses with a gross vehicle weight rating (GVWR) greater than 26,000 pounds to exclude school buses. This final rule requires motorcoaches, among other requirements, provide a ‘‘survival space’’ in a rollover test to protect occupants from the possible collapse of the bus structure; prohibit emergency exits from opening in the rollover test to reduce the likelihood of ejection; and ensure that bus roofs and side wall panels will resist deformation and intrusion into the occupant space. The effective date of this Final Rule is December 30, 2024. The full Final Rule can be found here: https://www.govinfo.gov/content/pkg/FR-2021-12-29/pdf/2021-27538.pdf.

The Federal Motor Carrier Safety Administration (FMCSA) has issued an exemption request notice from Rosco for their digital camera monitor systems for school buses installed as an alternative to the two rear-vision mirrors required by the Federal Motor Carrier Safety Regulations (FMCSRs). The notice can be found here: https://www.govinfo.gov/content/pkg/FR-2021-12-21/pdf/2021-27528.pdf. If you are interested in commenting on this waiver request, comments are due to the FMCSA by January 20, 2022.

The CDC as released updated K-12 COVID Guidance, which be found here: https://www.cdc.gov/coronavirus/2019-ncov/community/schools-childcare/k-12-guidance.html.

Today, in an effort to help alleviate the school bus driver shortage, the Federal Motor Carrier Safety Administration (FMCSA) and the Department of Education announced states would have the option (they may, but not are not required to) to waive the portion of the Commercial Driver’s License (CDL) skills test requiring school bus drivers identify the “under the hood” engine components. Under the agreement, all other written and road test requirements must be met. In addition, drivers receiving a CDL under this temporary waiver would be permitted to operate intrastate school buses only and would not be authorized to operate trucks, motorcoaches, or any other type of commercial motor vehicle requiring a CDL. The waiver, which became effective January 3, 2022, will expire on March 31, 2022.

The full waiver can be found here: https://www.fmcsa.dot.gov/registration/commercial-drivers-license/waiver-certain-pre-trip-vehicle-inspection-skills-test

NHTSA Recall ID Number : 21C006

Synopsis : Clek, Inc. (Clek) is recalling certain Liing, model number LG19U1, and Liingo, model number LGO20U1, infant child seats manufactured before September 15, 2020. A small plastic portion of the child seat canopy support may break and detach from the seat. A detached piece of plastic can present a choking hazard to a child, increasing the risk of injury. Clek will provide a replacement canopy support along with instructions on how to replace it, free of charge. Owner notification letters are expected to be mailed in January 2022. Owners may contact Clek customer service at 1-866-656-2462.

NHTSA Recall ID Number : 21C007

Synopsis : Clek, Inc. (Clek) is recalling certain Liing, model LG19U1, and Liingo, model number LGO20U1, infant child seats manufactured before February 22, 2021. The labels on the seat cover or infant insert may bubble up, allowing the labels to come apart into small pieces. Detached pieces of the labels can present a choking hazard to a child, increasing the risk of injury. Clek will provide a replacement seat cover or infant insert, free of charge. Owner notification letters are expected to be mailed in January 2022. Owners may contact Clek customer service at 1-866-656-2462.

You can find a checklist for the Entry-Level Driver Training (ELDT) here.

You can also find a checklist for your Training Provider here, then scroll to the bottom, right side of the website.  You will see the following:

The Biden Administration announced yesterday that the requirement to wear masks on airplanes, buses, trains, boats, school buses, and other modes of transportation and in transportation hubs will be extended through March due to concerns over the Omicron COVID variant.

TSA's announcement can be found HERE.

Today, the 2020-21 National School Bus Loading & Unloading Survey was released.  CLICK HERE for a copy of the PDF. 

You can also view this and past surveys at https://www.ksde.org/Agency/Fiscal-and-Administrative-Services/School-Finance/School-Bus-Safety/Loading-and-Unloading-Surveys.

Yesterday the Occupational Safety and Health Administration (OSHA) under the Department of Labor issued an emergency temporary standard requiring covered employers to develop, implement, and enforce a mandatory COVID-19 vaccination policy unless they adopt a policy requiring employees to choose to either be vaccinated or undergo regular COVID-19 testing and wear a face covering at work. This directive applies to two-third of the nation’s private sector workforce, covering employers with 100 or more employees, and the 26 states and two territories with OSHA State Plans. (For a map showing OSHA State Plans, click here: https://www.osha.gov/stateplans/.)

Under the directive, employers are also required to:

• Determine the vaccination status of each employee, obtain acceptable proof of vaccination status from vaccinated employees, and maintain records and a roster of each employee’s vaccination status.
• Require employees to provide prompt notice when they test positive for COVID-19 or receive a COVID-19 diagnosis. Employers must then remove the employee from the workplace, regardless of vaccination status and not allow them to return to work until they meet the criteria.
• Ensure each worker who is not fully vaccinated is tested for COVID-19 at least weekly or within 7 days before returning to work under the return-to-work protocol.
• Ensure that in most cases each employee who has not been fully vaccinated wears a face covering when indoors and when occupying a vehicle with another person for work purposes.

Under the directive employers are not required to pay for testing. Employers may be required to pay for testing, however, according or other laws or requirements. In addition, the directive requires employers to provide paid time off to workers to get vaccinated and to allow for paid leave to recover from any side effects.

This directive is effective immediately and employers are required to comply with most requirements within 30 days and testing requirements within 60 days (by January 4, 2022). OSHA has also issued this directive as a notice for proposed rulemaking and is open for comment. The full notice can be found here: https://www.federalregister.gov/documents/2021/11/05/2021-23643/covid-19-vaccination-and-testing-emergency-temporary-standard.