Some school districts and school bus companies in search of drivers may need to look even harder after a federal rule outlaws the issuing of CDLs to non-U.S. citizens.

Many U.S. states are pausing or suspending the issuance of non-domiciled commercial driver’s licenses (CDLs) in response to U.S. Department of Transportation Secretary Sean Duffy’s Sept. 26 announcement of an emergency action to drastically restrict who is eligible for a non-domiciled commercial learner’s permits (CLPs) and CDLs.

Editor’s — This article has been updated to include more comments from states that responded to questions the initial publication. STN will provide further updates as more states respond.

According to the announcement, the rule — effective immediately — comes in response to an ongoing nationwide audit by the Federal Motor Carrier Safety Administration (FMCSA) and “a recent series of horrific, fatal crashes caused by non-domiciled drivers.”

The rule impacts nearly 200,000 current non-domiciled CDL holders and 20,000 CLP holders. FMCSA estimates about 6,000 drivers will qualify for non-domiciled credentials annually under the new restrictions.

It was unknown at this report how many of those are school bus drivers.

Duffy’s announcement indicates the audit uncovered “a catastrophic pattern of states issuing licenses illegally to foreign drivers, as well as the fact that even if the current regulatory framework is followed, it can fail.

“The confluence of these two factors has created an imminent hazard on America’s roadways that must be fixed,” a press release states.

Moving forward, non-citizens are ineligible for a non-domiciled CDL unless they meet a much stricter set of rules, including obtaining an employment-based visa and undergoing a mandatory federal immigration status check using the SAVE system.

SAVE is an online service for registered federal, state, territorial, tribal, and local government agencies to verify immigration status and naturalized/acquired U.S. citizenship of applicants seeking benefits or licenses.

“What our team has discovered should disturb and anger every American,” said Duffy, noting that CDLs are being issued to “dangerous foreign drivers – oftentimes illegally. This is a direct threat to the safety of every family on the road, and I won’t stand for it,” he continued.

FMCSA’s nationwide audit of non-domiciled CDLs uncovered systemic non-compliance across several states, the announcement noted, adding “the worst and most egregious in California. Due to weak oversight, insufficient training and programming errors, the agency found a large number of non-domiciled CDLs were issued to ineligible drivers and those whose licenses were valid long after their lawful presence in the U.S. expired.”

The audit indicates more than 25 percent of non-domiciled CDLs reviewed in California were improperly issued. U.S. DOT cited one case in which the state issued a driver from Brazil a CDL with endorsements to drive a passenger bus and a school bus that remained valid for months after his legal presence in the country expired.

As a result, Duffy also announced direct enforcement action against California, indicating the state must immediately pause issuance of non-domiciled CDLs, identify all unexpired non-domiciled CDLs that fail to comply with FMCSA regulations, and revoke and reissue all noncompliant non-domiciled CDLs if they comply with the new federal requirements.
Duffy gave California 30 days to come into compliance or FMCSA will withhold federal highway funds, starting at nearly $160 million in the first year and doubling in year two.

Jonathan Groveman, an information officer with the California Department of Motor Vehicles, told School Transportation News the agency is currently reviewing the federal government’s issued guidance within the federal government’s 30-day period.

Duffy indicated FMCSA’s findings are in addition to at least five fatal crashes occurring since January involving non-domiciled CDL holders, prompting what it calls Duffy’s urgent action to “combat the direct threat to national security and the hazard to public safety.”

Colorado, Pennsylvania, South Dakota, Texas, and Washington were also identified as states with licensing patterns not consistent with federal regulations.

The action limits individuals eligible for non-domiciled CLPs and CDLs to foreign individuals in lawful status in the U.S. in certain employment-based, non-immigrant categories, certain individuals domiciled in a U.S. territory, and individuals domiciled in a state that is prohibited from issuing CLPs or CDLs because FMCSA has decertified the state’s CDL program.

It also requires:

• Non-citizen applicants — except for lawful permanent residents — to provide an unexpired foreign passport and an unexpired Form I-94/94A (Arrival/Departure Record) indicating one of the specified employment-based nonimmigrant categories, specifically H2-B, H2-A, and E-2 visas, at every issuance, transfer, renewal, and upgrade action de-fined in the regulation.

• State drivers licensing agencies (SDLA) to query the SAVE system, which is administered by U.S. Citizenship and Immigration Services within the U.S. Department of Homeland Security, to verify the accuracy and legitimacy of provided documents and information.

• SDLAs retain copies of the application documents for at least two years.

• The expiration date for any non-domiciled CLP or CDL to match the expiration date of the Form I-94/94A or to expire in one year, whichever is sooner.

• The applicant to be present in person at each renewal.

• An SDLA to downgrade the non-domiciled CLP or CDL if the state becomes aware that the holder is no longer eligible to hold a non-domiciled CLP or CDL.

STN reached out to all 50 state agencies that issue CDLs, with several state websites announcing changes.

The Colorado DMV provided a statement to STN that effective Sept. 29 it paused all commercial drivers issuances and renewals of term-limited or non-domiciled CDLs and CLPs.

A spokesperson for the Georgia Department of Driver Services told STN the state is complying with the new federal ruling by only issuing CDLs to permanent residents that have acceptable visas.

In New Mexico, the Motor Vehicle Division (MVD) announced it also paused its issuance and renewal of CDLs and CLPs to certain non-domiciled foreign individuals as of Sept. 29 to comply with the emergency interim final rules issued by the FMCSA.

The MVD statement reads that the agency’s pause in CDL and CPL issuance and renewal affects foreign nationals relying on an employment zuthorization card to substantiate their authorization to work in the U.S. and it will continue to issue CDLs and CLPs to foreign nationals who present a foreign passport with an approved I-94 Arrival/Departure record.

“New Mexico law complies with all federal requirements for the issuance of CDLs and CLPs to non-domiciled individuals,” according to the statement. “Currently, 204 CDLs and CLPs have been issued to non-domiciled individuals in New Mexico. 2

Legislation introduced in 2022 on behalf of MVD added requirements for issuances of CDLs and CLPs to foreign nationals who demonstrate lawful status in the U.S. Individuals who seek a new or renewed non-domiciled CDL or CLP based on an employment authorization card will not be able to complete their transaction through MVD or its partner offices at this time.’

Regarding school bus drivers, Megan Gleason, public information officer for the New Mexico Department of Taxation and Revenue, noted, “There is a specific endorsement — an S (school bus) endorsement — on commercial driver’s licenses that authorizes drivers to operate a school bus transporting students to and from school or school-sponsored activities.

“When applied to a commercial learner’s permit, the endorsement serves solely for testing purposes, permitting the driver to complete the required skills examination to qualify for the endorsement on their commercial driver’s license,” she said.

Current data on active and total endorsements in New Mexico, indicates there are four active non-domicile CDLs, a total of eight non-domicile CDLs since 2022, one active non-domicile CLPs, and a total of nine CLPs since 2022.

Gleason said the same requirement for a foreign passport with an I-94 for an H2/H2A/E2 visa remains for those drivers at the time of renewal.

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Related: U.S. DOT Proposes Rule to Add Fentanyl to CDL Drug Testing Program
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Related: FMCSA Proposal Seeks to Quicken CDL Process

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A Texas Department of Public Safety spokesperson told STN all currently issued CDLs, including those to school bus drivers with appropriate endorsements, will remain valid and only the issuance of new CDLs and commercial learners permits, or CLPs, has been halted.

An additional statement from the agency, which issues CDLs and CLPs in Texas, noted that non-citizens include refugees, asylum seekers, and recipients of Deferred Action for Childhood Arrivals, or DACA.

“Customers with a pending issuance will not be allowed to continue any written or skills testing until the services for non-domicile CDL/CLP are reinstated” DPS added.

Other states changes include:

• The Arizona Department of Transportation said in a statement, “it is aware of the new federal guidelines and has instituted them for all new CDL issuances as well as renewals, which includes those seeking CDLs with passenger and school bus endorsements. There are approximately 125,000 CDLs in Arizona, and of those 800 are non-domiciled CDLs.” Though information related to school bus drivers was not known.

• Indiana noted its Bureau of Motor Vehicles has ceased processing all applications for non-domiciled CDL/CLPs, including applications for new, amended, duplicated, transferred, renewed, or upgraded non-domiciled CDL/CLPs. Affected non-domiciled CDL/CLP customers may submit an application at a BMV license branch to apply for or downgrade to a non-CDL driver’s license should they so choose.

• Maryland paused the issuance of all non-domiciled commercial driver products until further notice. This includes issuance, transfers, updates, replacements, duplicates, and renewals of both non-domiciled CLPs and non-domiciled CDLs, adding ‘we apologize for the inconvenience.’

• Massachusetts also apologetically indicated it has paused the issuance of all non-domiciled commercial driver credentials until further notice, including issuance, transfers, updates, replacements, duplicates, and renewals of both non-domiciled CLPs and non-domiciled CDLs.

• Missouri suspended all new, renewal and duplicate nondomiciled CDL and CLP issuance until further notice, including a suspension of knowledge and skills testing for any in-state or out-of-state test applicant who would be restricted to a non-domiciled CDL or CLP.

• Oregon DMV is no longer issuing limited-term (non-domiciled) CDLs and CLPs until further notice.

• Utah has paused issuing non-domiciled CDLs.

• The Wisconsin Department of Transportation (WisDOT) Office of Public Affairs issued a statement. “Due to the recent interim final rule issued by the FMCSA, like many states across the country, WisDOT Division of Motor Vehicles has paused its non-domiciled CDLs and CLPs issuance program to ensure compliance with the interim final rule. Wisconsin already had many of the new rule’s regulations in place. As we work to resolve any remaining issues, we will communicate the status of our program to impacted individuals on our website and at our DMV service centers.”

The post Update: U.S. Department of Transportation Enacts CDL Restrictions on Non-Domiciled Workers appeared first on School Transportation News.

Former Supreme Court Justice Michael Gableman in a 2021 video promoting the partisan review of the 2020 election. (Screenshot/Office of the Special Counsel YouTube channel)

Former Supreme Court Justice Michael Gableman’s license to practice law in Wisconsin should be suspended for three years, a third-party referee wrote, agreeing with the state Office of Lawyer Regulation’s allegations that he violated standards for professional conduct during his much-maligned review of the 2020 presidential election. 

The Wisconsin Supreme Court will have the final say in the matter, a Court spokesperson said Friday.

The suspension recommendation marks the conclusion of Gableman’s effort to fight attempts to hold him accountable for his conduct during the election investigation. The OLR found that while working on behalf of Assembly Speaker Robin Vos to look into alleged wrongdoing during the election, Gableman lied to a Waukesha County judge about conversations he had with other attorneys, lied to an Assembly committee, deliberately violated state open records laws, used his agreement with Vos to pursue his own political interests, violated his duty of confidentiality to his client and lied in an affidavit to the OLR as it was investigating him. 

Gableman’s investigation ultimately cost the state more than $2.3 million without finding any evidence to confirm President Donald Trump’s baseless claims of fraud during the 2020 election. 

The review also helped further fan the flames of election conspiracy theories in the state. Those beliefs have remained prominent among segments of the state Republican Party’s base nearly five years after the election. 

After fighting the allegations against him, Gableman ultimately reached an agreement with the OLR and stipulated that the allegations in the complaint against him were true. 

In his report the referee, James Winiarski, wrote that the consequences for Gableman’s actions must be severe. 

“A high level of discipline is needed to protect the public, the courts and the legal system from repetition of Attorney Gableman’s misconduct by Attorney Gableman or any other attorneys,” Winiarski wrote. “His misconduct was very public in nature and involved many members of the public and employees of several municipalities.”

This report has been updated to clarify that the Wisconsin Supreme Court will make the final decision on the referee’s recommendation. 

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The California Air Resources Board (CARB) proposed an emergency action to continue enforcing engine emissions regulations because it says federal government efforts to undo them could result in the sale of vehicles that are not certified to any standard.

As California’s lawsuit continues against the Trump administration, challenging the presidential executive order in January directing federal agencies to terminate state emissions waivers and a resulting revocation of those waivers through the Congressional Review Act (CRA) signed into law in June, CARB said it wants to provide regulatory certainty and flexibility to manufacturers. For school buses and trucks, manufacturers could meet the Omnibus Low-NOx regulation adopted in 2020 or the previous regulation that met the U.S. Environmental Protection Agency levels set in 2010. The CRA this spring revoked three waivers, one of which allowed CARB to set a new level of 0.05 g/bhp-hr of NOx.

The public had five business days from Monday’s announcement to weigh in on CARB’s intent to enact its Emergency Vehicle Emissions Regulations by filing comments with the state’s Office of Administrative Law.

The emergency regulations do not address the Advanced Clean Trucks rule, which the CRA also revoked an EPA waiver for.

“The amendments would confirm that, until a court resolves the uncertainty created by the federal government’s actions, certain antecedent regulations (displaced by Advanced Clean Cars II and Omnibus) remain operative (as previously adopted) with the caveat that CARB may enforce Advanced Clean Cars II and Omnibus, to the extent permitted by law, in the event a court of law holds invalid the resolution purporting to disapprove those waivers,” the proposal reads.

In other words, manufacturers would be able to continue certifying engines under either the earlier-adopted emissions standards or the more stringent standards.

CARB noted that most engine and vehicle manufacturers have already planned on or achieved compliance with the more stringent emissions requirements. But CARB also warned that manufacturers choosing to certify to previous emissions levels assume the risk of having engines out of compliance with regulations, should current legal cases brought against the Trump administration go in California’s favor.

Cummins spokeswoman Drew Blair told School Transportation News that it was premature to respond in detail to CARB’s proposal, as it was not final. But she added Cummins is following the issue closely.

“Cummins is focused on delivering products with the power and performance our customers need to get their jobs done, while also meeting emissions requirements,” she commented. “We also will continue to advocate for national standards to bring clarity to our business and customers and ensure efficient and affordable products are available to power their needs.”

Earlier this month, a group of vehicle manufacturers led by Daimler Truck North America, the parent company to Thomas Built Buses, filed a suit against CARB, claiming the agency would need to re-enact previous legislation before it could enforce earlier emissions regulations.

“In the event the vehicle manufacturer’s claims were deemed correct … then CARB must take immediate action to maintain a stable vehicle market in the state and prevent the sale of vehicles into the state that would not be certified to either set of standards …,” CARB writes. “… Otherwise, in light of these unprecedented circumstances, there may remain questions — for the first time since CARB’s program began decades ago — as to whether any California standard is in effect.”

A Daimler Truck spokesperson said Wednesday the company could not comment on CARB’s proposal.

International, the parent to IC Bus, signed onto the Daimler Truck lawsuit. An International spokesman declined comment because the litigation is ongoing.

Meanwhile, CARB said Tuesday 23 percent of new medium- and heavy-duty vehicle sales in 2024 were zero emissions, more than double the minimum statewide requirement. The data is based on 30,026 zero-emission trucks, buses and vans reported to CARB by manufacturers. School buses are included in the reporting.

It was the fourth year in a row that ZEV sales increased. More than 57,000 ZEVs have been sold in California since 2021.

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Related: California Doubles Down on Zero-Emission Vehicles with Renewed Affordability, Adoption Priorities
Related: Despite Federal Funding in Peril, California State Funding for EVs Continues
Related: CARB Uses $33M in Funding to Target Other Zero-Emissions School Travel
Related: NASDPTS Revises Illegal School Bus Passing Count After California Fixes Error
Related: California School Bus Driver Teaches Lessons of Compassion Through Music

The post Amid ‘Unprecedented Degree of Uncertainty,’ CARB Proposes Two Pathways for Emissions Regulations appeared first on School Transportation News.

While the immediate future remains uncertain on federal emissions regulations and funding, school bus OEMs say they are prepared with varied solutions going forward to meet the needs of every customer, no matter the fuel or where they operate.

That was the key takeaway from a July 13 panel at STN EXPO West in Reno, Nevada. The OEM representatives on stage were Francisco Lagunas, general manager of North America Bus for Cummins; Jim Crowcroft, general sales manager for Thomas Built Buses; Katie Stok, product marketing and commercial readiness for IC Bus; Frank Girardot, the PR, marketing and government relations leader at RIDE; and Brad Beauchamp, EV product segment leader for Blue Bird. The session attempted to provide some clarity to the ever-changing funding and fuel landscape.

“The only certainty is that everything is so uncertain,” Lagunas punctuated during the “The Engines & Emissions Pathway Forward” session, facilitated by School Transportation News Editor-in-Chief Ryan Gray.

Lagunas added that Cummins is seeing an increased demand in diesel, confirming that the new B6.7 octane engine will be available in January. Though, he noted that investments in electric batteries and drive systems have not slowed down. Accelera, the zero-emissions division of Cummins, is a member of a joint venture with Daimler Truck North America and Paccar to create a U.S.-based battery cell manufacturer, Amplify Cell Technologies.

Crowcroft agreed, adding that one year has made a huge difference in industry focus. Several of the same panelists sat on a similar panel last year at STN EXPO, where he said EV was the focus of the industry.

“Now, it’s been a complete 180 [degree turn] this year,” he shared, adding that the industry has spent too much time talking about EVs and not enough time talking about the other offerings.

This year has been about being diverse, being nimble and ready to adapt to change when necessary. “What is the most practical plan?” he asked, noting that diesel technology has advanced and EV fatigue is setting in.

He shared that Thomas is not telling customers what fuel or energy type to use but instead empowering them to choose what works best for their fleets. Noting the Trump administration’s relaxation of a federal push for zero-emission vehicles, Crowcroft said there has been a sigh of relief from customers for not feeling like they have to purchase electric school buses.

He noted that with all the changes and technologies, it puts more pressure on the OEMs to keep up. He said Thomas is committed to investing in quality, citing that ahead of the 2027 GHG Phase 3 regulations targeting lower NOx (the EPA currently has it on hold pending a proposal to remove GHG regulations), school districts might want to pre-buy within the next 12 months to avoid cost increases tied to the new technology.

Beauchamp said Blue Bird has always focused on a fuel-agnostic path for its customers, and the company plans on continuing with propane being a low emission source. While he said Blue Bird had yet to see EV order cancellations as of last month, he anticipates those orders will flatten. Regardless, Blue Bird is committed to EV, noting an $80 million grant from the U.S. Department of Energy last year (and double that amount in company matching funds) to build a new Type D electric school bus plant.

He noted that while the supply chain has improved coming out of COVID-19, “We’re not out of the words on it, yet,” he said.

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Related: Electric School Bus Manufacturing Included in Nearly $2B Federal Energy Grant

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Stok noted that the industry conversation should not be about low costs but having a supplier that delivers good quality on time. She noted that, like the other OEMs, EV is still very much part of the IC Bus product portfolio, as is diesel. However, she said the change in federal regulations will usher in changing order preferences across the industry, noting that IC is reintroducing its own gasoline school bus with the upcoming Cummins engine.

For the remainder of 2025, she said IC Bus is on track to have the highest production output from its Tulsa, Oklahoma plant. Communication is key right now, she added, and the manufacturer is working with its dealer network to listen to the customers and continue to improve.

Meanwhile, Girardot said it’s too early to predict what the future holds but BYD electric school bus company RIDE believes it holds a promise to furthering the deployment of EVs and enhancing the capabilities of vehicle to grid technology. He noted that V2G holds value and is something that communities need to consider. He highlighted success stories of V2G, such as in the Oakland Unified School District in California.

Girardot added that technician training on electric school buses is a must.

Additionally, RIDE announced a range extension on its blade battery, which took home the Best Green Technology, as judged by attendees at the STN EXPO West Trade Show Innovation Awards. Girardot added RIDE, too, received a competitive grant to expand its manufacturing facility.

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Related: Transfinder, RIDE Win Big with STN EXPO Innovation Awards
Related: Another $200M Now Available for Electric School Buses in New York
Related: EPA Provides Update on Clean School Bus Program

The post School Bus Manufacturers Stay the Course Despite Regulatory, Funding Uncertainty appeared first on School Transportation News.

The National Highway Traffic Safety Administration issued a letter of non-enforcement for school bus child safety restraint systems tied to updates made to FMVSS 213.

NHTSA proposed on May 30 amendments to Child Restraint System Standards FMVSS 213, FMVSS 213a and FMVSS 213b to exempt school bus child safety restraint systems from the requirement to comply with side-impact protection requirements defined in FMVSS 213a. Charlie Vits, a child passenger safety technician and consultant to school bus seating manufacturer IMMI, said during STN EXPO West in Reno, Nevada, that NHTSA issued a letter of non-enforcement for school bus CSRS, allowing for the continued use of the safety restraints designed for school buses.

On July 2, NHTSA stated that it “recognizes that because the date on which the comment period closes is the same as the compliance date for FMVSS No. 213a, it will not be possible to publish a final rule prior to the current compliance date. NHTSA is concerned that the regulatory uncertainty likely to arise for the period of time in between the June 30 compliance date and any published final rule will lead to a decrease in overall levels of CRS safety as fewer CRS options are available for the public,” it stated.

It noted that in the public interest, NHTSA is exercising its discretion to temporarily pause enforcement of the applicability of FMVSS No. 213a for CRSs produced on or after June 30, 2025, and until the date of publication of any rule finalizing the May 30 proposal.

“NHTSA emphasizes, however, that under 49 U.S.C. 30115(a), a manufacturer may not certify to a standard if, in exercising reasonable care, the manufacturer has reason to know that the certification is false or misleading in a material respect. As such, even while the enforcement of the applicability of FMVSS No. 213a is paused, if a manufacturer continues to certify to the standard, the manufacturer must have a good faith basis that the CRS meets the standard,” NHTSA added.

Meanwhile, in addition to delaying the side-impact protection compliance date for all other child restraint systems from June 30, 2025, to Dec. 5, 2026, the proposal provides that the Child Restraint Air Bag Interaction 12-month-old (CRABI)-12MO test dummy will not be used to test forward-facing CRSs.

NHTSA proposes to amend FMVSS No. 213, “Child Restraint Systems” and FMVSS No. 213b, child restraint systems: Mandatory applicability beginning Dec. 5, 2026,” to exclude school bus CRSs from the requirements and to provide attachments for connection to the vehicle’s LATCH child restraint anchorage system. These anchorages are only required in school buses that are 10,000 pounds GVWR and less.

Vits, a child passenger safety technician and a consultant to school bus seating manufacturer IMMI, said NHTSA has always been supportive of school bus child restraint systems since the 2003 introduction of IMMI’s SafeGuard STAR as well as the Besi Pro Tech and HSM PCR.

As currently designed for school transportation, NHTSA wants to assure their continued future availability and use, Vits said, adding the purpose of the Notice of Proposed Rulemaking (NPRM) published on the Federal Register last week is to remove three important but non-applicable regulatory details impacting their design and function.

“Unless these detailed requirements are removed from FMVSS 213, 213a and 213b as currently written, the production of these school bus child restraints will most likely cease on June 30, 2025, when the three requirements are to become effective,” he said.

These child restraint systems will no longer be compliant with the federal child restraint standards unless they are redesigned and constructed as a more costly and less usable product, Vits added.

Denise Donaldson, a certified passenger safety instructor and editor and publisher of Safe Ride News, noted the recent proposals are essentially housekeeping in nature.

“The more exciting development occurred in 2023, when NHTSA issued a final rule to create a product category specifically for school bus child restraint systems,” she explained. “Although these products were previously considered compliant with FMVSS 213 under the category harness, the new category’s description gives manufacturers greater freedom to innovate when designing products made exclusively for school bus use.”

When that rule was issued, Donaldson said incongruities with school bus CRSs remained in the regulatory text.

“Since these products install using a seatback mount, they needed to be made exempt from the standard’s requirement that car seats have a LATCH system for installation,” she added. “They should be exempt from the upcoming side-impact standard since the test in that standard replicates a passenger vehicle environment, substantially different from a school bus. These are loose ends, so the proposals are important for addressing these issues and satisfying the requests of petitioners, including manufacturers.”

Vits noted the NPRM cleans up regulatory language from current rulings that school bus child restraint systems could not meet due to the nature of their design.

Meeting the requirements would require costly redesigns resulting in a less usable school bus child restraint, he said, adding, “The intent of NHTSA is not to change anything that impacts the concept of the current school bus child restraint.”

In 2014, NHTSA first published proposed rulemaking to add side-impact crash protection to all types of child seats except harnesses, otherwise known as school bus vests, Vits said.

“IMMI commented on the NPRM that although it supported side-impact protection requirements in child restraints, school bus child restraints were similar to the excluded harnesses and not capable of meeting those requirements,” he added. “The nature of the web-based, no-shell design for these child restraints does not provide the necessary structure to meet these requirements. Therefore, school bus child restraint systems should also be excluded from meeting the side- impact protection requirements.”

NHTSA published the final ruling on side impact requirements as FMVSS 213a on June 30, 2022. But, Vits noted, NHTSA had yet to formally define school bus child restraints as a type of child restraint, so they could not exclude it from side impact requirements.

With FMVSS 213b in December 2023, NHTSA formally defined it as a type of child restraint but omitted excluding it from the requirements of FMVSS 213a. He said the oversight was to have been corrected in a to-be-published ruling last Oct. 9 but again was missed.

IMMI submitted a Petition for Rulemaking on Jan. 19 that formally requested NHTSA change the regulations to exclude school bus child restraints from the FMVSS 213a requirements, resulting in last week’s NPRM. IMMI also found the requirement to include LATCH and tether connectors and their associated labeling remained as a requirement for school bus child restraints, Vits said.

“IMMI submitted another Petition for Rulemaking on May 19, 2025, formally requesting NHTSA to change the regulations to exclude school bus child restraints from the LATCH connector and associated labeling requirements of FMVSS 213 and 213b,” he said, adding the change was also included in the NPRM.

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Related: NHTSA Rulemaking at Heart of NCST Resolutions Focused on Safety
Related: What Transporters Must Know About CSRS for Preschoolers on School Buses
Related: CSRS Decisions During IEP Avoid Seclusion, Restraint Issues

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Several other regulatory product developments impacted passenger vehicle child seat manufacturers and caused concern they would not be able to meet the FMVSS 213a effective date of June 30, 2025. In response to the petitions of these manufacturers,Vits said NHTSA published the NPRM to propose delaying the effective date of FMVSS 213a to Dec. 5, 2026, the same effective date of FMVSS 213b.

The proposals “are what is needed to set the standard’s school bus CRS category on the correct footing, allowing current CSRs models to be compliant and opening the door for future innovation,” Donaldson, who favors the proposals, pointed out.

“School bus child restraints have served the industry well for the past 22 years,” she added. “They have provided critical protection to pre-K children in numerous school bus crashes over the years. They need to continue to be available to school transportation for years to come.”

While Donaldson expressed confidence that NHTSA will make the necessary changes to FMVSS 213a and 213b, Vits commented that unless NHTSA acts immediately according to the proposed ruling, manufacturers will need to cease production.

“Although the comment period closes on June 30, NHTSA wants to hear from those in the industry as soon as possible due to the urgency to turn this NPRM into a final ruling,” he added. “They want to know that transporters of pre-K children want these school bus child restraints now and in the future.”

In providing input by June 30, Vits noted “comments should be short and simple, beginning with a statement in support of the May 30, 2025 NPRM, FR Doc. 2025-09750. Then, briefly share your positive experiences with these type of child restraints, especially if they have provided protection to any of your children in crashes.

“Express your need to have them continue in production without adding requirements to provide side impact protection and LATCH anchorage connectors.”

Public comments on docket number NHTSA–2025–0046 can be submitted electronically at the Federal eRulemaking Portal or via U.S. mail to: Docket Management Facility, M–30, U.S. Department of Transportation, West Building, Ground Floor, Rm. W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590.

Donaldson noted in creating the school bus CRS category in 2023, NHTSA clearly signaled its support of this type of child safety restraint system.

“I feel confident that a rule that finalizes these important proposals, which are necessary to make that category viable, will be forthcoming,” she added.

Ronna Weber, executive director for the National Association of State Directors of Pupil Transportation Services, said the National Congress on School Transportation’s Resolution No. 6, Request for Clarification on FMVSS 213a and 213b Final Rules, approved by state delegates last month underscores the industry’s commitment to safely transporting preschool and special needs children, a sizeable industry component.

The resolution noted that any regulations should continue to ensure children requiring securement based on age and weight are carried safely and securely, CRSs are attached to the seat back to ensure a secure fit for the child. It is believed approximately 310,000 to 335,000 CRSs designed for school buses are on the road today.

NHTSA also published a total of 16 NPRMs on May 30, most of which are considered deregulatory by cleaning up obsolete ruling text related to requirements for vehicles produced more than 10 years ago. Rules pertaining to school buses include: FMVSS 207: Seating Systems, FMVSS 210: Seat Belt Assembly Anchorages, and FMVSS 222: School Bus Passenger Seating and Crash Protection

As no new requirements are being added, there is little merit in commenting on them, commented Charlie Vits, a certified passenger safety technician and consultant to IMMI.

Donaldson said those in the school transportation sector should be assured that their school-bus-only CSRS and any that they purchase while the NPRM is going through the rulemaking process continue to be safe and legal.

“These regulatory changes will not necessitate though would allow future redesign of these products,” she said. “However, another aspect of the 2023 final rule that applies to any forward-facing child restraint, including school-bus-only CSRS, requires labels and instructions to state a minimum child weight for riding forward facing of 26.5 pounds.

“The compliance deadline for this requirement is June 30, 2025. For school-bus-only CSRS, this means that a rider must be at least 26.5 pounds, which is slightly higher than the pre-rule-change minimum weight of 25 pounds for most models.”

Editor’s Note: This article has been updated to include the letter of non-compliance. Taylor Ekbatani contributed to this report. 

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