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 is accepting comments on the proposal by July 29, 2025. Reference docket number FMCSA– 2021–0050.