A recent lawsuit filed in Palm Beach County, Florida, reminds us that school bus drivers are generally not exempt from federal overtime rules. Despite very clear case law, many school districts and bus companies throughout the country still unknowingly shortchange their drivers.

Since the Great Depression, Congress has made it clear that hourly workers should get paid time and one half for all hours worked in excess of 40 hours during a seven-day period. Over the years, Congress has added several exemptions to the overtime rules, but school bus drivers generally do not fit in any of these exemptions.

The Fair Labor Standards Act (FLSA) requires that most workers be paid “at a rate not less than one and one-half times the [employee’s] regular rate” of pay for work in excess of 40 hours in any workweek.

Over the years, Congress has added some broad exceptions for certain types of salaried workers. Those include professionals, administrative, executive, certain IT workers, and outside sales representatives. None of those exceptions apply to school bus drivers.

A few school districts believe that the professional services exemption applies because school bus drivers must have a commercial driver’s license (CDL) to drive a bus.  The confusion exists in school districts because the professional services exemption often applies to teachers.

School bus drivers are not “professionals” as that term is defined under the FLSA. That means unlike many teachers, school bus drivers are entitled to overtime pay.  Yet many school districts and bus companies think bus drivers are exempt.

Because the FLSA requires the employer to pay a worker’s legal fees if the worker wins a lawsuit, it becomes even more important for school districts and bus drivers to understand their rights and obligations under the Fair Labor Standards Act.

CNN has reported that school bus driver Kevin McKay, on the job only a few months, drove nearly two dozen children through smoke filled roads as the deadliest and most destructive wildfire in California history threatened a school.

Students were stranded at Ponderosa Elementary School in Paradise, California amid the spreading Camp Fire, and family members were unable to drive into the area to pick them up.

McKay, two teachers and 22 students were reportedly stuck in gridlock traffic and heavy smoke-filled roads after leaving the school. The trip to safety took them five hours.

McKay and the teachers used their emergency training and even created a new plan on the fly to keep children safe. When smoke started to fill the bus, McKay took off his shirt and tore it into pieces, dousing the pieces with water and instructed the students cover their faces with the clothing and breath through it.

He also reviewed with the students how to use emergency exits, first aid kits and the fire extinguisher. McKay paired little kids with older kids, took roll and got all phone numbers.

During the drive, McKay also picked up an elementary school teacher whose car had broken down on the side of the road.

All students were later safely reunited with their families. The town of Paradise, however, was completely lost to the Camp Fire.

At this report, a total of 77 people were confirmed dead and still hundreds of people were missing or unaccounted for. Paradise Unified School District said it was collecting information to determine where its students are currently located.

We want to say thank you to all the firefighters, first responders, and heros who are giving their time and efforts to save lives and dwellings during this devastating fire.

Teresa Hartley’s experience with school bus evacuations dates back to when she was in middle school.

Hartley, now the transportation director for Iowa’s Mid-Prairie Community School District, was riding a school bus one morning in seventh grade when a car ran a stop sign and barreled into the side of the bus by the passenger door. The impact pushed the bus into a ditch, and it toppled onto its side.

Hartley, who was around 13 at the time, was better prepared to handle the situation than the average student. Her mom was a school bus driver, so Hartley had spent much time around the yellow vehicles and knew, for example, how to use the two-way radio and the emergency exits.

That knowledge proved vital after the crash, when Hartley saw that the school bus driver (not her mom in this case) was initially unresponsive. The middle schooler grabbed the radio and called dispatch about the accident. Then she shepherded the other students out of the bus through an emergency exit.  While the young Hartley clearly handled the situation well, the experience was unsettling and has stayed with her over the years.

“It was traumatic,” Hartley says. “It’s something you’ll never forget.”

Now, during her first year as a transportation director, Hartley launched a district-wide training program to ensure that all students are prepared to respond to a school bus emergency.  “Kids really need to know anything they can about the bus and how to get out of it.”

The urgency of the issue was reinforced in December, when a student and a driver died in a school bus fire on the other side of the state, near Oakland, Iowa.

In Iowa, school districts are required to conduct school bus evacuation drills twice per year. For Mid-Prairie Community School District’s drills this spring, Hartley made big plans.  The key change was to incorporate all of the district’s students in the training, rather than just those who regularly ride the bus.

The training included identifying the emergency air pressure release to open the front service door, how to use the window exits, sitting and “scooting” out the rear emergency exit door, and how to pop open the roof hatches. For the latter part, even the smaller students had their turns — they were allowed to climb up on the seats so they could reach the roof hatch.

“They had to learn to do it themselves,” Hartley says, noting that in some emergency situations, “there’s not going to be an adult there to help them.”

Hartley notes that the expanded evacuation training program was a learning experience not only for students and teachers, but for her and her staff as well.

Buses come in many shapes, sizes, and — importantly — colors, and each different type of bus has its own uses and its own set of rules and regulations.

The pupil transportation community has the yellow variety of bus — namely, the school bus. But there are circumstances when non-yellow buses come into play in the transportation of students.

For instance, in some cities, older students utilize transit buses to get to and from school, sometimes with passes provided by the school district.

As another example, motorcoaches are often employed to transport students on longer activity trips, although the practice has its detradctors among school bus advocates.

There are also buses that are built to school bus standards but aren’t yellow — and don’t have stop arms and flashing lights. Multifunction school activity buses (also known by the unwieldy acronym “MFSAB”) are often used for field trips and athletic excursions.  You see these buses used at daycares, churches, and YMCA’s and are many times white in color, depending on their size.

So whether you want to see another side of the bus world or you prefer to stick to the yellow realm, there is a bus, new or used, out there to cover your facilities’ specific needs.

New survey results reveal a slight increase in the rates of motorists observed on one day illegally passing stopped school buses, according to the National Association of State Directors of Pupil Transportation Services (NASDPTS).

NASDPTS President Diana Hollander said that the goal of the survey is to educate the public, and “open their eyes” to the safety risks of violating school bus stopping laws.  “Any driver who passes a stopped school bus while students are getting on or off is gambling with children’s lives,” she said. “Violating your state’s law can result in significant fines or even more serious penalties.”

Most state laws require traffic in all directions to stop for school buses, unless a physical median or grass strip is present. However, Georgia removed that stipulation last month after enacting an updated school bus passing law. The state now allows oncoming traffic to continue moving when the median is a turn lane.

NASDPTS tallied 83,944 total illegal passing incidents, defined as at least one motorist passing a school bus with its federally mandated stop arm deployed, and red lights flashing when picking up or dropping off students, from one-day state counts held this spring. NASDPTS said 108,623 school bus drivers participated in the voluntary project.

“We know that students are far safer in school buses, but cars passing school buses is one of the most troubling problems we face, because it is so common, and can lead to injury or death,” added Hollander.

North Carolina had the most school bus drivers participate in this year’s survey at 12,751, or nearly 56 percent of all certified and active drivers in the state.  There are approximately 500,000 certified and active school bus drivers nationwide.

More than 15 million violations are estimated to occur nationwide over an entire school year.

As electronic stability control (ESC) comes on board on more passenger cars, trucks, and other vehicles on the road, the time is good to adopt this powerful safety technology in school buses.

ESC has been required on all new passenger vehicles under 10,000 pounds in the U.S. since 2012.  It’s even required on new school buses in Canada — but not in the U.S.

Now, even without a mandate in the U.S., ESC is becoming standard on many school buses, which is a step toward making pupil transportation even safer.

For those who aren’t yet familiar with the technology, ESC systems have sensors that monitor vehicle movement and steering. They can help mitigate rollover incidents by using automatic computer-controlled braking, and they can aid the driver in addressing severe under-steer or over-steer conditions that can lead to loss of control.

In 2015, the National Highway Traffic Safety Administration (NHTSA) issued a final rule to require ESC systems on heavy trucks and some large buses, such as motorcoaches, but the agency exempted school buses.

Fast forward to late 2016, and large school bus OEMs had been offering ESC as an option for a year or more.

Then on Nov. 21, 2016, six students were killed and more than 30 were injured in Chattanooga, Tennessee, when their school bus went out of control, rolled onto its side, and slammed into a tree. Although we can’t say for sure how the outcome might have differed if the bus had been equipped with ESC, it was precisely the type of crash that the technology is designed to help avoid.

In May of this year, NTSB approved a special investigation report on the Chattanooga crash as well as the November 2016 fatal school bus crash in Baltimore, Maryland. In the report, NTSB reiterated its prior recommendation that NHTSA require stability control systems on all buses with a gross vehicle weight rating over 10,000 pounds.

ESC still isn’t required on school buses in the U.S., so adding the safety technology is still a proactive move. The same goes for school bus operators that adopt lap-shoulder belts in states that haven’t mandated them.

After all, when it comes to safety equipment, it’s a good position to be in when you can say that you went beyond what the government requires.

Winter is just around the corner, and drivers will be faced with months of adverse weather conditions and driving challenges that will include fog, rain, snow, and ice.

Driver safety training provider Smith System has introduced “Driving Weather,” part of its driving series of videos and elearning selections that each focus on a specific challenge facing drivers.

“No matter how experienced you are, changes in the weather affect every driver — and those changes can happen very fast,” said Jim Smith, senior vice president of training at Smith System. “When you learn in advance how to manage and prepare for those conditions, you can change the outcome of what could have been a deadly situation.”

Smith added that Driving Weather is designed to teach drivers how to use The Smith5Keys methodology to adapt their driving habits during inclement weather.  The Smith5Keys principles include drivers creating a cushion of space around their vehicle, assessing road and driving conditions, and making sure their vehicle is properly set up for maximum driving visibility.

“When the weather changes, there’s no substitute for preparation,” Smith said. “When you can’t avoid the situation, you need to know how to get through it safely.”

Smith System productions are available on DVD, USB, or through its elearning library.

School buses are the safest way for students to travel, but children also need to do their part to stay alert and aware of their surroundings to prevent injury. As the school year is now in full swing, here are some reminders that parents, students and drivers should review:

Getting on the Bus:
When waiting for the bus, stay away from traffic and avoid roughhousing or other behavior that can lead to carelessness
Do not stray onto the street, alleys or private property
Line up away from the street or road as the bus approaches
Wait until the bus has stopped and the door opens before approaching the bus
Use the handrail when boarding

Behavior on the Bus:
If seat belts are available on the bus, buckle up
Don’t speak loudly or make loud noises that could distract the driver
Stay in your seat
Don’t put your head, arms or hands out the window
Keep aisles clear of books and bags
Get your belongings together before reaching your stop
Wait for the bus to stop completely before getting up from your seat

Getting Off the Bus:
Use the handrail when exiting
If you have to cross in front of the bus, first walk at least 10 feet ahead until you can see the driver
Make sure the driver can see you
Wait for a signal from the driver before crossing
When the driver signals, look left, right, then left again. Walk across the road and keep an eye out for sudden traffic changes
If your vision is blocked, move to an area where you can see other drivers and they can see you
Do not cross the center line of the road until the driver signals it is safe
Stay away from the rear wheels of the bus at all times

More school-age pedestrians have been killed during the hour before and after school than any other time of day, according to NHTSA. And, although drivers are required by law to stop for a school bus when it’s loading or unloading passengers, they often don’t. Children should not rely on them to do so.

A bill introduced in Congress aims to provide quicker notifications of violations committed by school bus drivers, in response to a crash in New Jersey in May that killed a student and a teacher.

U.S. Rep. Josh Gottheimer (D-N.J.) announced a federal bipartisan bill that would require automatic notifications of driver violations to school districts and school bus companies within 24 hours, so they can take immediate action to keep unsafe drivers off the road.  The Miranda Vargas School Bus Driver Red Flag Act, or “Miranda’s Law,” is intended to bolster the proposed SECURES Act, which seeks to make lap-shoulder seat belts the nationwide standard for school buses.

The Miranda’s Law congressional bill requires the U.S. Department of Transportation’s (DOT’s) Federal Motor Carrier Safety Administration to implement a nationwide employer notification service (ENS) for buses. Current federal regulations require employers of school bus drivers to check their employees’ driving history records annually. An ENS would give employers real-time, automatic notifications when a bus driver’s license status changes because of a moving violation conviction, crash, license suspension, or other triggering event.

Although some states have self-reporting requirement for drivers, Gottheimer said during the press conference that many drivers don’t comply, and it could be 364 days before the school district or school bus company finds out about any violations.  The bill would make the employer notification service mandatory for all school bus drivers in the U.S. Once ENS is implemented, the bill would require any employer of school bus drivers to participate in the service. Miranda’s Law would also require states to use the ENS to qualify for federal aid highway funds.

The SECURES Act and Miranda’s Law follow the May 17 school bus crash in Mount Olive, New Jersey, that killed 10-year-old Miranda Vargas and teacher Jennifer Williamson-Kennedy.

Seventeen states currently have a voluntary form of the ENS in place, according to the news release from Gottheimer’s office.

Winter may seem like a long time away right now but Fall is here.This is the time to begin preparing your vehicles for colder temperatures to ensure that they’re ready for what winter has in store. Below is a checklist of items for which bus fleet operators need to be proactive to prepare for extreme conditions, whether you are running diesel or natural gas engines. These procedures, ranging from cooling system maintenance to fuel choice, to selecting the right engine oil, will help fleets keep their buses running safely and reliably in cooler ambient temperatures.

-Verify that all coolant lines and connections are leak-free.
-Use the proper coolant/antifreeze mixture (ethylene glycol concentration) for route conditions/temperatures.
-Use winterized diesel, or blend #1 and #2 fuels.
-Add a fuel warmer to the fuel system.
-Double-check Diesel Exhaust Fluid (DEF) warming lines before temperatures drop.
-Modify the air intake in extreme cold (-25°F and below) to a position adjacent to the exhaust manifold.
-Check the cold-cranking capacity of the battery. Add a battery warmer in extreme cold conditions.
-For diesel-powered engines fleets should switch to 5W-30 engine oil for normal winter conditions.
-Use a dipstick oil heater to help maintain oil lubricity and improve the engine’s cold-starting capability.

There are many other items on the checklist from draining water/fuel separator to adjusting the “fast idle: to insulating exposed water, fuel or oil lines.

Cold-weather preparation/operation procedures for Cummins Westport natural gas engines are similar to those for diesel engines (block heater, coolant heater, battery warmer, radiator shutters or winter fronts, etc.). CNG filling stations should include a dryer to remove moisture from the natural gas.

Natural gas fuel systems include a pressure regulator that is kept from freezing with a supply of warm engine coolant. In cold weather, allow the engine to warm to operating temperature before operating under load. The correct engine coolant, lubricating oil, and fuels must be used for the cold-weather range in which the engine is being operated.

Check with your local mechanic to help with winterizing your school buses.