Updated: July 12, 2026 · 8 min read
On June 30, 2026, a charter motorcoach carrying an airline crew overturned on the Long Island Expressway near Greenpoint Avenue in Maspeth, Queens. The driver and one passenger were killed. Roughly two dozen people were injured. The National Transportation Safety Board (NTSB) is investigating. The cause has not been confirmed, and it would be premature to blame anyone at this stage. Crashes like this one put a spotlight on the bus accident safety regulations New York passengers rely on every time they board.
But the crash raises a question that outlives any single investigation. After decades of federal rulemaking, why do serious bus crashes still happen? And when one does, who is responsible? This is not a new problem. A string of fatal motorcoach crashes back in 2011 pushed Congress and federal regulators toward reforms, some of which have only become fully effective in recent years. The bus accident safety regulations New York and federal law rely on today explain two things. First, how these vehicles are supposed to be kept safe. Second, how fault is decided when they aren't.
Federal Hours-of-Service Rules for Bus Drivers
Driver fatigue is one of the oldest problems in the motorcoach industry. It is the reason the Federal Motor Carrier Safety Administration (FMCSA) limits how long a bus driver can stay behind the wheel. Three FMCSA hours of service bus drivers limits apply to carriers that transport passengers (FMCSA Hours of Service for Motor Carriers of Passengers):
- 10-hour driving limit: A driver may drive a maximum of 10 hours after eight straight hours off duty.
- 15-hour on-duty window: A driver may not drive after being on duty for 15 hours, following eight straight hours off duty.
- 60/70-hour weekly limit: A driver may not drive after 60 hours on duty in seven straight days, or 70 hours in eight straight days.
These core numbers have held steady for years. They remain the framework for passenger-carrier fatigue management under 49 CFR Part 395. One point is worth clarifying: the 15-hour figure is an on-duty limit, not just a driving limit. "On-duty time" under the rule covers all work, driving and non-driving tasks like paperwork or vehicle inspections alike. Once a driver accumulates 15 hours of on-duty time following 8 hours off, the driver may no longer drive, period. There is no carve-out that lets non-driving work continue past that point without also counting toward the clock.
Separately, FMCSA has finalized updated technical specifications for electronic logging devices (ELD 2.0), which will require real-time cellular data transfer and improved tamper detection. ELD manufacturers must certify compliance with the new specifications by January 1, 2027, and motor carriers must transition to compliant devices by July 1, 2027. It's also worth noting that FMCSA's newer Flexible Sleeper Berth and Split Duty Period pilot programs, launched in 2026 to give drivers more scheduling flexibility without extending total drive time, apply to property-carrying (trucking) operations, not to passenger-carrying bus drivers.The Motorcoach Seat Belt Mandate
For years, seat belts on large buses were a policy fight rather than a rule. That fight ended over a decade ago. In November 2013, the National Highway Traffic Safety Administration (NHTSA) finalized a rule requiring lap-and-shoulder seat belts on new motorcoaches and large buses with a gross vehicle weight rating over 26,000 pounds. Transit buses are excepted ([NHTSA Seat Belts on Motorcoaches](https://www.nhtsa.gov/fmvss/seat-belts-motorcoaches)). This motorcoach seat belt law has required lap-and-shoulder belts on every newly manufactured qualifying bus since November 2016.The safety case is strong. According to NHTSA, seat belts on motorcoaches can cut fatalities by up to 44 percent and moderate-to-severe injuries by up to 45 percent.
One limitation matters. The mandate governs new buses built since November 2016. Many motorcoaches on the road today were built before the requirement and were never required to be retrofitted. A rule requiring belts on new vehicles does nothing for a passenger riding an older bus that was never equipped with them.
Why Crashes Still Happen: The Human Factor
Regulations only work when they are followed and enforced. The May 29, 2026 crash on Interstate 95 in Virginia is a stark example. A charter bus struck stopped traffic in a highway work zone, killing five people and injuring 44. Reporting on the crash noted that the driver had a documented history of speeding citations, including one only months before the fatal wreck (WTVR/WJLA coverage). Rules on the books cannot prevent a crash if a carrier fails to vet and monitor the people it puts behind the wheel.
New York law recognizes that a crash alone does not prove wrongdoing. Bus operators owe their passengers a duty of *reasonable care under the circumstances*, the same standard that applies to drivers generally. That replaced the older "extraordinary care" (highest degree of care) standard that courts had applied to common carriers for over a century. The New York Court of Appeals settled this in [Bethel v. New York City Transit Authority, 92 N.Y.2d 348 (1998)](https://www.law.cornell.edu/nyctap/I98_0113.htm). In plain terms, an injured passenger generally must show that the driver or carrier was negligent. Proving that an accident simply happened is not enough.Buses operating in New York must also meet baseline equipment rules under New York Vehicle and Traffic Law § 375, which sets requirements such as emergency lighting equipment and mirror standards for buses on the road.
Bus Accident Safety Regulations New York: Who Can Be Held Liable
When a bus crash causes injury, more than one party may share the blame. Potentially liable parties include:
- The bus driver
- The bus company or carrier
- The bus or vehicle manufacturer
- The maker of a defective part, such as tires, brakes, seats, or windows
- Other negligent drivers who contributed to the crash
- The government body responsible for designing or maintaining the roadway
Which of these applies depends on the facts. In one matter our firm handled, a bus passenger was struck by a tractor-trailer and needed hand and shoulder surgery. The passenger recovered $650,000. That outcome turned on another driver's negligence rather than the bus company's. Prior results do not guarantee a similar outcome.
The single most important New York detail is who was operating the bus. Claims against a public transit agency are governed by far shorter deadlines than ordinary negligence claims. This covers the MTA, New York City Transit, and similar public authorities. A Notice of Claim generally must be filed within 90 days of the incident under General Municipal Law § 50-e, and a lawsuit typically must follow within one year and 90 days under General Municipal Law § 50-i. A claim against a private charter or motorcoach company is different. It is generally subject to New York's standard three-year statute of limitations for personal injury under CPLR § 214.
That difference is not academic. Missing a 90-day notice deadline can bar an otherwise valid claim against a public bus operator entirely. That is why it matters to find out quickly what kind of bus caused the injury. Was it an MTA vehicle, a school or charter coach, or a private carrier? For fatal crashes, a separate wrongful death claim may let surviving family members recover funeral expenses, lost financial support, and related damages. That claim has its own deadlines.
The I-95 crash involved a large vehicle striking stopped traffic in a work zone. That dynamic overlaps heavily with truck accident cases. The investigation and evidence in these cases often resemble commercial trucking claims more than ordinary car crashes.
Sources & Official Resources
New York Laws Cited
- CPLR § 214 — Statute of Limitations for Personal Injury
- General Municipal Law § 50-e — Notice of Claim
- General Municipal Law § 50-i — Statute of Limitations Against Public Corporations
- Vehicle and Traffic Law § 375 — Equipment
Federal Laws and Regulations Cited 5. 49 CFR Part 395 — Hours of Service of Drivers 6. FMCSA Hours of Service for Motor Carriers of Passengers 7. NHTSA Seat Belts on Motorcoaches
Court Decisions 8. Bethel v. New York City Transit Authority, 92 N.Y.2d 348 (1998)
Firm Results 9. The Orlow Firm — Success Stories
Contact The Orlow Firm
Were you or a loved one injured in a bus accident in Queens or anywhere in New York City? Whether it happened on an MTA bus, a charter motorcoach, or a private carrier, the deadlines and liability rules differ based on who was operating the bus. A short 90-day notice period may apply. Sorting that out early can protect your claim.
The Orlow Firm has represented injured bus passengers and pedestrians throughout New York City for over 40 years.
Call (646) 647-3398 for a free consultation. We work on contingency. You pay nothing unless we win.
This article provides general information and is not legal advice. Every case is different. Contact an attorney to discuss your specific situation.
The Following People Contributed to This Page
