In late May, the Federal Motor Carrier Safety Administration (FMCSA) published a list of 20 Notices of Proposed Rulemakings (NPRM), and two final rules. Amongst the list, three particular notices were flagged and brought to the attention of NSTA’s School Bus Safety Subcommittee.
With this, the School Bus Safety Subcommittee recently undertook a comprehensive review of the May regulatory activity from the FMCSA. Each proposal was evaluated for its relevance to school transportation safety, operational feasibility, and consistency with best practices across districts and contractors. Subcommittee members reviewed proposed changes to longstanding rules, assessed practical considerations raised by each, and determined where follow-up would be appropriate. The result of these deliberations ultimately informs NSTA’s formal engagement with FMCSA, including potential submission of public comments. Following the subcommittee’s discussions, NSTA will be submitting three formal comments on the proposed rules that were deemed most relevant to its members.
The first NPRM (Docket No. FMCSA-2021-0550) the subcommittee reviewed pertains to railroad-grade crossings. Specifically, the FMCSA is proposing to allow an exception to the current requirement that Commercial Motor Vehicles (CMV), including school buses, stop at certain railroad crossings. This exception would apply when the crossing is specifically equipped with an active warning device that is not activated. Meaning, the warning device indicates that a train is not approaching.
Subcommittee members raised the importance of ensuring that any regulatory shift is accompanied by a robust communication strategy. The conversation emphasized the critical role of clear communication in implementing federal rules, regardless of their content. Several subcommittee members emphasized the importance of outlining which entity would be responsible for communicating changes, how the information would be disseminated, and what tools would be available to assist local, county, and state authorities in interpreting and enforcing the regulations.
The FMCSA’s proposal to promote the use of electronic Driver Vehicle Inspection Reports (eDVIRs) was also reviewed (Docket No. FMCSA-2025-0115). Subcommittee members expressed support for modernizing inspection reporting systems while maintaining an appreciation for the diverse needs of school bus operators. The conversation acknowledged the potential benefits of eDVIRs in improving recordkeeping and efficiency, but also considered how such a transition would play out in varied operational contexts, particularly among smaller or rural providers. Members discussed the importance of ensuring flexibility and accessibility across different types of fleets.
Another significant portion of the meeting was dedicated to the FMCSA’s proposed revision to the definition of “medical treatment” in the context of accident reporting (Docket No. FMCSA-2025-0121). The subcommittee discussed how changes to this definition could affect the way incidents are classified and reported. Several members raised concerns about the implications of interpreting medical treatment, specifically when ambulance transport may be involved, but treatment is not clearly documented. The subcommittee discussed the ongoing challenges of verifying whether treatment was actually rendered, the potential consequences for DOT compliance records, and the need for consistent reporting practices across jurisdictions. These discussions included suggestions to explore mechanisms that might improve transparency and the potential to file for reconsideration of a post-accident report.
Across all notices of proposed rulemakings, the subcommittee reaffirmed its commitment to providing informed and practical feedback. The meeting also served as a broader effort by NSTA to assess potential impacts on school transportation safety and operations. This group continues to monitor developments and coordinate responses that reflect the diverse operational realities of the student transportation industry.
While the content of NSTA’s formal comments is being carefully developed outside the meeting, these discussions provide the analytical foundation for meaningful engagement within the regulatory process, and I appreciate the efforts of the subcommittee members to use their valuable time to support this important effort.
My role at NSTA is coming to a close, but if you have thoughts on potential NSTA priorities over the next couple of weeks, please drop me a line at president@yellowbuses.org. And remember, with NSTA, you never travel alone.
