Federal Motor Carrier Safety Regulations and Their Role in Bus Accident Litigation

Every time you board a commercial bus — whether it’s a tour coach, airport shuttle, or interstate carrier — you’re placing your trust in a system of rules designed to keep you safe. 

These rules, known as the Federal Motor Carrier Safety Regulations (FMCSRs), are enforced by the Federal Motor Carrier Safety Administration (FMCSA) and form the legal backbone of bus safety in the United States.

But what happens when those rules are broken?

FMCSA Rules: What Are They and Who Must Follow Them?

When a bus accident occurs, it could be more than just an accident — it’s a failure of safety systems meant to protect every passenger on board. Around the country, thousands of passenger bus collisions occur. In fact, there were over 13,000 bus accidents in 2024.

Behind every commercial bus on the road is a framework of federal laws designed to prevent such tragedies. These are the Federal Motor Carrier Safety Regulations (FMCSRs) — rules that govern everything from driver qualifications to vehicle maintenance. 

Any company conducting commerce across state lines or anyone using vehicles seating 16 or more people must comply with FMCSA rules. That includes tour buses, airport shuttles, charter/tour bus companies, and similar passenger services. These companies must register with the U.S. Department of Transportation, carry a USDOT number, and maintain high safety standards.

In court, failure to comply with FMCSA rules can be used as direct evidence of negligence.

How FMCSA Safety Regulations Impact Your Case

Federal rules do not cover every type of bus. School buses used only for trips to and from school have special state-based standards (though school buses are still subject to rules on driver qualifications and vehicle safety). 

In general, most charter buses, commuter shuttles, and large tour buses are fully regulated by the FMCSA. If an accident involves such a bus, you can assume federal rules were supposed to be followed. Of course, a bus accident attorney can help you understand what federal or state laws apply to your injury claim.

Here are just a few regulations that may impact your bus accident case.

Driver qualifications and training

Bus drivers are entrusted with dozens of lives at a time. That’s why the FMCSA requires rigorous standards for anyone driving a commercial bus:

• Commercial Driver’s License (CDL) with a passenger endorsement: The driver must hold a valid state-issued Commercial Driver’s License (CDL) with a passenger endorsement (for the number of people on the bus).
• Medical certification from a DOT-approved examiner: Bus drivers must pass a Department of Transportation (DOT) physical exam and keep a current medical certificate. The carrier must keep a copy of each driver’s medical certificate in their file.
• Clean driving record with no disqualifying offenses: Certain convictions automatically bar a person from driving a bus. For example, a DUI conviction, a hit-and-run, or certain felonies mean the driver is disqualified from operating any commercial passenger vehicle. Employers must check a driver’s history for these disqualifications.
• Driver qualification file maintained by the employer: According to the FMCSA’s driver qualification rules (49 CFR 391.51), bus companies must check each driver’s driving record and maintain a “driver qualification file” for every driver. This file must include the driver’s application, driving record, medical exam certificate, road test certificate, and other documentation. Missing paperwork or an undisclosed disqualifying offense in those records can be used as evidence of a safety violation.

If a driver lacked a valid CDL, had a disqualifying conviction, failed a medical exam, or had a suspended license, this shows the company let an unqualified driver operate the bus and put passengers at risk. 

For victims, records of such negligence can be powerful. In a personal injury case, proof of such a violation strongly supports a claim that the driver and carrier were negligent or reckless. 

Hours-of-Service and driver fatigue

Fatigue is one of the most dangerous threats in passenger transportation. To combat this, the FMCSA enforces Hours-of-Service (HOS) regulations specifically for passenger carriers.

The FMCSA outlines the following limits on how long bus drivers can drive or be on duty:

• A bus driver may not drive more than 11 hours after having at least 10 consecutive hours off duty
• Once a driver goes on duty (which includes driving and performing work), he or she cannot remain on duty for more than 14 hours in one day
• Drivers are limited to 60 hours on duty in any 7 consecutive days if the carrier does not operate every day, or 70 hours in 8 consecutive days if it does
• Drivers cannot drive if they have exceeded these limits or if they have been on duty too long without rest (though the FMCSA also has special short-haul exceptions for local buses, but most long-distance and charter bus drivers must keep logbooks)

Drivers record their hours in logbooks or with electronic logging devices. In an accident investigation, your attorney can subpoena these logs. If a log shows the driver exceeded the 11-hour or 14-hour limit (for example, drove 12 hours after a short rest), that violation is powerful evidence of fatigue. 

A proven hours-of-service violation suggests the driver was too tired to drive safely. The FMCSA expressly prohibits carriers from allowing drivers to break these rules. 

In litigation, attorneys can subpoena driver logs. If records show the driver exceeded HOS limits, it’s strong evidence of negligence — and possibly negligence per se, meaning the violation itself proves fault.

Vehicle inspection and maintenance

Preventive maintenance is another key safety requirement. The FMCSA’s maintenance rules (49 CFR Part 396) require carriers to keep buses in safe operating conditions:

• Annual inspections: Every bus must have a thorough safety inspection at least once every 12 months. This “annual inspection” covers brakes, steering, suspension, lights, tires, and other critical systems. The carrier (or a qualified shop) must perform the inspection and keep the report on file for at least 14 months.
• Pre-trip inspections by drivers before every trip: Drivers are expected to inspect the bus before each trip. They should check the brakes, lights, tires, horns, windshield wipers, and other safety equipment. Any defect found must be reported.
• Timely repairs: If a problem is found — such as worn brake pads, bald tires, or a burned-out light — the carrier must fix it before the bus returns to service. Operating a bus with known safety defects is illegal.
• Maintenance records: Carriers must keep repair records and inspection reports. These records can be demanded in litigation if maintenance is an issue.

Since the FMCSA requires up-to-date inspections and prompt repairs, missing or outdated records or evidence of poor maintenance can be treated as violations. If it turns out the required annual inspection was overdue, or the bus had a known defect that was never fixed, your attorney will highlight that in court.

Drug and alcohol testing

Under FMCSA regulations, bus drivers must frequently undergo drug and alcohol testing:

• Pre-employment testing: Every commercial bus driver (CDL required) must be in the FMCSA testing program. Drivers are tested before hiring, on a random basis during employment, after any serious accident, and when returning to duty after a prior drug/alcohol violation.
• Random testing during employment: Drivers must undergo screening tests for illegal drugs (marijuana, cocaine, amphetamines, opioids, etc.) and alcohol. The legal blood alcohol limit for CDL drivers is 0.04 percent — half the limit for regular drivers. 
• Return-to-duty testing after a violation: If a driver tests positive or refuses a required test, the FMCSA immediately disqualifies that person from driving. They must complete a rehabilitation program and return a negative test before driving again.

Even without obvious impairment, attorneys will look at the bus company’s testing records. If the company skipped required tests or failed to remove a driver with a positive test, that would demonstrate a violation of the safety program.

Seat belts and other safety equipment

The FMCSA and National Highway Traffic Safety Administration (NHTSA) require buses to be equipped with safety features such as:

• Seat belts for all passengers on motorcoaches of a certain weight: Larger buses (such as intercity motor coaches over 26,000 lbs) must have lap-and-shoulder seat belts at every passenger seat. All buses must have at least a lap belt for the driver. (Some smaller transit or shuttle buses require lap belts for only the driver.)
• Emergency exits that are clearly marked and unobstructed: Buses are required to have marked emergency exits, interior lighting, and fire extinguishers. Each emergency exit must be clearly labeled and unblocked. A blocked exit or missing safety equipment would be a safety violation.
• Fire extinguishers and interior lighting: The NHTSA’s Federal Motor Vehicle Safety Standards (FMVSS) cover buses for things like windshield strength, fuel system integrity, and crashworthiness.

All required safety devices — seat belts, lights, exits, etc. — must be in working order. If a bus lacks required safety features, or if those features fail during a crash, this fact can be used to prove the company violated federal safety standards.

Insurance laws

Federal bus insurance is governed by clear federal standards. Specifically, regulations under 49 CFR Part 387 set minimum insurance levels for passenger buses operating in interstate commerce. Bus carriers need to have both the proper operating authority and the right amount of liability insurance to protect passengers. 

For example, an interstate bus with 16 or more passenger seats must carry a minimum of $5,000,000 in liability insurance. Meanwhile, smaller buses with 15 seats or fewer are required to carry at least $1,500,000. Certain for-hire school buses also fall under these regulations.

These rules are not just red tape. For personal injury claimants, these federal laws have a direct impact on litigation. Higher insurance minimums mean that when a bus accident occurs, there is a larger pool of funds available for settlements or judgments, which can help injured passengers recover costs for medical bills, lost income, and pain and suffering.

Let Us Fight for the Justice and Settlement You Deserve

When a bus crash occurs, FMCSA regulations become more than guidelines — they become legal tools. Violations can establish negligence per se, meaning the company is presumed negligent simply for breaking the law. Skilled personal injury attorneys can subpoena driver logs, maintenance records, and drug testing files. 

Suppose documents are missing or show repeated violations. That would strengthen your case. If the bus company cannot produce the required records, the court may draw negative inferences. Existing records may also reveal important facts, such as a history of repeat brake problems or past license suspensions. Additionally, if FMCSA or state inspectors have previously cited the bus company, those findings can be used in your case.

At Johnston Personal Injury Law Firm, we know that being injured in a bus crash is a frightening experience. Over the years, we have successfully represented many Oregon accident victims. 

Our goal is to give you peace of mind while we pursue the maximum compensation you deserve. Let our seasoned team handle communicating with insurance companies, meeting deadlines, and preparing for trial. We’ll handle the legal footwork so you can focus on what’s most important: your recovery.

You deserve answers and justice for your injuries. Contact the bus accident lawyers of Johnston Personal Injury Law Firm to schedule a free case review.