Under the Hood CDL Exemption Partially Approved for Transit Bus Drivers

FMCSA Partially Approves CDL Exemption for Transit Bus Drivers

FMCSA Announces Final Exemption Decision

The Federal Motor Carrier Safety Administration (FMCSA) has approved part of an exemption request from the American Public Transportation Association (APTA). This decision affects how some commercial driver’s license (CDL) skills tests are given to transit bus drivers.

The exemption became effective on July 16, 2025. It will remain in effect until July 16, 2027.

Changes to the CDL Testing Process for Transit Bus Drivers

FMCSA will now allow State Driver Licensing Agencies (SDLAs) to waive the “under-the-hood” portion of the pre-trip vehicle inspection. This change only applies to drivers who want to operate transit buses within their home state.

Drivers who receive their CDL under this exemption will have restrictions placed on their license. These drivers will be limited to operating transit buses. They will also be limited to driving within their home state (intrastate).

FMCSA denied the second part of APTA’s request. APTA wanted these drivers to be allowed to operate across state lines (interstate). FMCSA said no to that part of the exemption request.

Why Transit Agencies Requested a CDL Exemption

APTA said transit agencies are facing driver shortages. They argued the “under-the-hood” test does not relate to the daily job duties of a transit bus driver. Mechanics are responsible for maintenance, not drivers.

APTA also said the rule makes it harder to attract new drivers. They pointed to a similar exemption already granted to the school bus industry.

Public Comments on the Exemption

FMCSA asked the public for comments on APTA’s exemption request. The agency received 29 comments.

Most of the comments came from transit agencies and organizations. Groups like the New York State Metropolitan Transportation Authority and the Central Ohio Transit Authority supported the exemption.

In total, 25 comments supported the exemption. Three opposed it. One gave no clear opinion.

Opponents raised safety concerns about the change. Bryan Martin commented, “This would call for a separate transit/coach CDL or a restriction to a regular Class B CDL. Currently a bus driver can also drive ANY class B vehicle that they are endorsed for (air brake, tank, HazMat) as well as their bus/coach, but if you take away the small segment of the test for under the hood that would DQ [disqualify] them from traditional commercial trucks.”

Ozark Regional Transit asked, “If you make this change to the CDL, what measures will be in place to prevent a CDL driver to go to another state and start driving a dump truck without knowing the components of under the hood?”

Bobby Tyner said, “This could be the most unsafe thing that you could do.”

Support from Transit Agencies for CDL Changes

Supporters compared the request to the school bus exemption. They said the under-the-hood test does not match the job duties of transit bus drivers.

The Community Transportation Association of America commented, “FMCSA has already exempted the school bus industry from the ‘under the hood’ CDL testing requirements for many of the same reasons the public transit industry now seeks relief and we urge a similar exemption for all public transit operators.”

Latinos in Transit said, “we see firsthand how the under-the-hood testing requirement creates unnecessary barriers to entry for potential bus operators, further exacerbating this shortage.”

Pennsylvania’s Department of Transportation (PennDOT) did not clearly support or oppose the exemption. PennDOT said the test should be consistent across school and transit buses to avoid confusion. They also noted that the modernized test already exempts some fluid checks.

FMCSA’s Final Decision for Transit Bus Drivers

FMCSA reviewed APTA’s exemption request and the public comments. The agency decided to approve the exemption for a two-year period.

States may waive the “under-the-hood” portion of the skills test for CDL applicants who want to drive transit buses. This waiver only applies to intrastate driving.

FMCSA denied the request to extend this waiver to interstate operations. The agency explained its reasoning. Allowing interstate operation under this exemption would create safety concerns. It would also create confusion across state lines, especially for states that do not adopt the waiver.

FMCSA said its decision aligns with how it handled a similar exemption for the school bus industry. Transit buses usually operate short routes in populated areas. These areas have mechanics nearby to help if something goes wrong. That reduces the risk compared to other types of commercial driving.

CDL Requirements and Conditions for States

Under this exemption:

• SDLAs can waive the engine compartment portion of the inspection test.
• CDLs issued under this waiver must include a “K” restriction (intrastate only).
• CDLs must also have a “transit bus only” restriction.
• Applicants must still pass all other parts of the CDL pre-trip inspection.
• The waiver is optional for each state to adopt.

States using the exemption must send monthly reports to FMCSA. These reports list the names and CDL numbers of drivers issued licenses under the waiver.

FMCSA will continue to monitor the exemption’s safety impacts. The agency can make changes or end the exemption early if safety concerns arise.

CDL Exemption Impact on Transit Agencies

FMCSA’s decision offers some relief to transit agencies struggling to hire drivers. However, the exemption is limited. It applies only to intrastate driving and only to transit buses.