Understanding Ohio’s House Bill 54 and Its Impact on School Transportation

Introduction 

BSI Adaptive Mobility Vehicle Sales and Service ("BSI") specializes in modifying and certifying handicap-accessible and modified all-passenger vehicles for end users such as schools, childcare centers, and other educational institutions. 

One of the most common modified all-passenger vehicles in the education sector is the "nine and one," named for its capacity to carry nine ambulatory passengers and a driver. This configuration stems from Ohio’s long-standing legal requirement mandating that any time a school transports more than nine students for school-related activities, a certified school bus must be used. 

However, the proposed Ohio House Bill 54 (HB 54) could shift this dynamic. HB 54 aims to remove the 9-seat restriction, potentially allowing schools to purchase 12-seat vehicles without modification. This raises critical questions for educational institutions across the state regarding how state and federal laws intersect and whether schools can legally use these vehicles without violating federal safety standards. 

In this post, we’ll explore the potential implications of HB 54, federal regulations on school buses, and how these laws interact to shape the future of school transportation in Ohio. 

Key Questions 

Schools across Ohio are grappling with several important considerations: 

1. Will Ohio law change to remove the 9-seat requirement for school transportation vehicles? 

2. Does federal law align with Ohio’s previous 9-seat requirement, or does it differ? 

3. In cases of conflict, does federal law override Ohio state law? 

4. Should Ohio schools continue purchasing modified vehicles to avoid legal risks? 

   
   

Let’s break these questions down in detail. 

Federal Law and Its Implications 

Federal law defines a “school bus” as any vehicle designed to carry a driver and more than 10 passengers, as outlined in 49 USC § 30125. Vehicles meeting this classification are subject to strict safety standards and regulations, including crash protection, emergency exits, rollover protection, and pedestrian safety devices. These requirements apply to both small and large school buses, regardless of their weight. 

If HB 54 is enacted, it would allow vehicles with up to 12 seats (including the driver) to be used for school-related transportation. However, under federal law, vehicles with more than 10 passengers (excluding the driver) are automatically classified as school buses. As such, they must comply with the stringent federal safety requirements outlined for school buses.

Ohio’s HB 54: What Could Change? 

Currently, Ohio law requires vehicles with more than 9 seats to be classified as Multifunction School Activity Buses (MFSABs). Schools often hesitate to use MFSABs due to perceived stigma and additional compliance burdens. HB 54 proposes eliminating this restriction, allowing vehicles with up to 12 seats to transport students. 

While this might seem like a cost-saving move for schools by removing the need for vehicle modification, it introduces potential conflicts with federal law. A 12-seat vehicle purchased directly from a dealership might not meet the rigorous safety standards mandated for school buses under federal regulations. 

The Supremacy Clause: Federal vs. State Law 

The Supremacy Clause of the U.S. Constitution establishes that federal law takes precedence over state law when conflicts arise. In areas where the federal government has legislated, such as motor vehicle safety standards, federal regulations override conflicting state laws. 

If HB 54 passes and allows schools to purchase 12-seat vehicles directly, those vehicles would still fall under the federal definition of a school bus. Consequently, they would be required to meet federal safety standards, which most off-the-lot 12-seat vehicles are unlikely to satisfy. 

Can Schools Safely Rely on HB 54? 

Given the federal requirements for school buses, Ohio schools would be wise to continue purchasing modified vehicles to avoid potential legal risks. Vehicles purchased directly from dealerships with 12 seats may not comply with the federal safety standards outlined in 49 USC § 30125 and related regulations. Schools that use such vehicles could inadvertently violate federal law, exposing themselves to liability and safety risks. 

BSI’s modified vehicles, however, are carefully designed and certified to meet both state and federal requirements. This ensures a safer and more legally compliant option for student transportation. You can learn more about them by clicking here!

Conclusion 

While Ohio’s proposed HB 54 seeks to expand the seating capacity for vehicles used in student transportation, it does not negate the federal requirements that apply to vehicles classified as school buses. Federal law is clear: any vehicle designed to carry more than 10 passengers (excluding the driver) and used for school purposes is considered a school bus and must meet rigorous safety standards. 

Schools that purchase 12-seat vehicles directly from dealerships risk violating federal law due to non-compliance with these safety standards. For this reason, BSI’s modified vehicles remain the safer and more legally sound choice for student transportation. 

As this situation continues to evolve, BSI will monitor state and federal regulations to ensure its vehicles meet all necessary standards. If you have questions or need further clarification, feel free to reach out to us for additional insights. 

This blog post seeks to clarify the implications of Ohio House Bill 54 and its potential conflicts with federal law. Schools, policymakers, and transportation providers must carefully evaluate these issues to ensure compliance and prioritize student safety. This content was researched and published with the support of Mastrantonio & Orlando, LLP, located in Akron, Ohio. 

If you'd like to contact anyone at BSI you can do so by emailing education@buyabus.net, calling 614.245.2155 or clicking here to submit your request to us!

Q&A:  

1. The document mentions that a vehicle is classified as a school bus if it’s designed to carry more than 10 passengers plus the driver. What about vehicles designed for exactly 10 passengers plus the driver? We've traditionally sold "nine and ones" (nine passengers + driver) due to the Ohio State Law, so can we now start selling "ten and ones"? 

Assuming HB 54 passes, the answer to this should be yes. Under federal law, a “schoolbus” means a passenger motor vehicle designed to carry a driver and more than 10 passengers. However, the state of Ohio still appears to define a school bus as “all vehicles designed to carry more than nine passengers, not including the driver, …” This comes from Ohio Administrative Code Section 3301-83-19, which is the Ohio Department of Education and Workforce. This states that all school buses must meet or exceed all applicable federal regulations and Ohio school bus construction standards. 

Our interpretation is that if HB 54 passes, the Department of Education will eventually revise these rules to be more harmonious with the new law, but as they sit right now, they still define a “ten and one” as a school bus. Usually, once the law changes it takes a little while for the regulations to follow. They have to propose the new rules, then submit them for public comment, then get them approved. However, we do not think it’s possible for the state to decline to update O.A.C. 3301-83-19 if HB 54 passes, because if they don’t, it will cause a conflict between the regulations and the new law. 

2. Should we assume that vehicles with a capacity of 10 passengers plus the driver or fewer are not considered school buses and thus don't need to meet any specific transportation standards? 

The answer is no at the moment, but should be yes in the near future if HB 54 passes for the same reason as stated above. Under federal law, vehicles with a capacity of 10 passengers plus the driver or fewer would not be considered school buses, so you are correct with regard to federal law. However, as of now, the Ohio Department of Education still defines a school bus as any vehicle designed to carry more than nine passengers plus a driver, and states that it must comply with all state and federal safety/design requirements. In essence, even though a “ten and one” would not violate any federal laws or regulations, as of now the state will still treat it as though it will. Again, we are pretty confident this will change if HB 54 passes. 

3. Does the definition of “school” include childcare centers? 

It appears that “school” does not include childcare centers in Ohio. The definitions of school in the Ohio revised code apply to sections other than the transportation section, so it is not an exact match, but the definitions seem to consistently be “any school that is operated by a board of education of a city, local, exempted village, or joint vocational school district.” O.R.C. 3313.753. These definitions do not appear to include a childcare center. Similarly, in the federal code of regulations, “school” seems to be relegated to an institution that provides some sort of actual schooling or training. This comes from 38 CFR 21.4200, which is not a section of the federal register that deals with school transportation, so the definition may not be entirely applicable. However, it does not appear at first glance that “school” would include a childcare center under federal law either. 

4. I am unclear regarding whether federal law takes precedence over state law. What should we ultimately take away from this? 

The takeaway is that federal law will always take precedence over state law where the two come into conflict. It’s possible that the federal government may choose not to enforce its laws (for example, federal marijuana laws), but the federal law will trump state law when the two conflict with one another. In essence, even if Ohio’s law is more permissive as to the number of seats allowed in a vehicle while still not considering it to be a school bus, the more restrictive federal laws will take precedence.