49 C.F.R. § 393.90

Buses, standee line or bar

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Except as provided below, every bus, which is designed and constructed so as to allow standees, shall be plainly marked with a line of contrasting color at least 2 inches wide or equipped with some other means so as to indicate to any person that he/she is prohibited from occupying a space forward of a perpendicular plane drawn through the rear of the driver's seat and perpendicular to the longitudinal axis of the bus. Every bus shall have clearly posted at or near the front, a sign with letters at least one-half inch high stating that it is a violation of the Federal Motor Carrier Safety Administration's regulations for a bus to be operated with persons occupying the prohibited area. The requirements of this section shall not apply to any bus being transported in driveaway-towaway operation or to any level of the bus other that the level in which the driver is located nor shall they be construed to prohibit any seated person from occupying permanent seats located in the prohibited area provided such seats are so located that persons sitting therein will not interfere with the driver's safe operation of the bus.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2004–2021 · leading case: Ladenheim v. Starr Transit Co., 242 F. Supp. 3d 395 (E.D. Pa. 2017).

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Ladenheim v. Starr Transit Co., 242 F. Supp. 3d 395 (E.D. Pa. 2017). · cites it 2× “We nevertheless note that Plaintiffs' negligence per se claim is based on an assertion that Joyce violated 49 C.F.R. § 393.90 when he operated the bus with Ms.”

Jeffries v. Transit Auth., Unpublished Decision (7-16-2004), 2004 Ohio 3797 (Ohio Ct. App. 2004). “1 { a} 49 C.F.R. 393.90 reads, in part: { b} "Except as provided below, every bus, which is designed and constructed so as to allow standees, shall be plainly marked with a line of contrasting color at least 2 inches wide or equipped with some other means so as to indicate to…”

L. Ragin v. SEPTA (Pa. Commw. Ct. 2021). “As a federal district court has likewise observed: Plaintiffs’ negligence per se claim is based on an assertion that [the driver] violated 49 C.F.R. §393.90 when he operated the bus with [the injured passenger] seated on the top step next to him.”

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