Depending on the outcome of FMCSA's new proposed rule, it's possible that school buses may no longer need to stop at all railroad crossings.

The Federal Motor Carrier Safety Administration (FMCSA) issued a Notice of Proposed Rulemaking (NPRM) on May 30, 2025, to amend the current regulations.

Currently, drivers of commercial motor vehicles (CMVs) that transport passengers or certain hazardous materials are required to stop before crossing a railroad track, unless an exception applies, such as when the crossing is controlled by a functioning highway traffic signal displaying a green indication. The requirement took effect in 1938, and the proposal acknowledges the technological advances in active traffic control devices since.

The proposed change would add a new exception for a railroad crossing equipped with an active warning device not in an activated state (for example, automatic gates, bells, or flashing light signals that alert drivers of an approaching train). Meaning, school buses would no longer have to stop, look, and listen, and can rely on the same cues other vehicles use at railroad tracks.

The agency notes that the current stop requirement, especially on high-speed divided highways, poses a potential rear-end crash risk, as drivers of other motor vehicles are not accustomed to stopping, and the change would lead to a more predictable and continuous traffic flow. Plus, removing the mandatory stop requirement could lead to cost savings by avoiding unnecessary stops and enhancing operational efficiency.

According to the proposal, there are approximately 243,000 railroad grade crossings in the United States. Roughly 51% of public crossings (the ones that are used most often) are equipped with active warning devices, while 43% are equipped with "passive" warning signs and markings. 

Share your thoughts on the matter: FMCSA took comments on docket number FMCSA– 2021–0050 through July 29, 2025.

Update as of April 7, 2026

On March 27, 2026, FMCSA released additional data on the subject and re-opened the period for public comment. According to Federal Railroad Administration data obtained by FMCSA:

• School buses were not involved in any vehicle-rail collision at any crossing type between 2016 and 2024.
• There were no rear-end fatal crashes involving school buses near active crossings with highway signals, nor at passive crossings; however, there were 10 fatal rear-end crashes (only two involving a school bus) near crossings actively controlled by crossing gates or flashing lights between 2016 and 2023.
• Across 71,249 active railroad grade crossings with multiple through trains per day,  there are approximately 263 signal failures per year.

To share your opinion, reference Docket Number FMCSA-2021-0050 and write in by April 27, 2026.

Editor's Note: This post was originally published on June 11, 2025, and updated on April 7, 2026.