Interpretation ID: nht88-1.97

TYPE: INTERPRETATION-NHTSA

DATE: 04/15/88

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: The Honorable Don Montgomery

TITLE: FMVSS INTERPRETATION

TEXT:

The Honorable Don Montgomery Senator, Twenty-First District 1218 Main Sabetha, Kansas 66534-1835

Dear Mr. Montgomery:

Senator Kassebaum has asked me to respond to your February 12, 1988 letter to her. In your letter, you expressed concerns about a problem that has arisen in connection with using "van type buses designed to carry 10 or less passengers, without meeting al l the requirements of a school bus." You state that there is a problem with using these vehicles to transport students because "federal law classifies the vans by weight and calls them twelve passenger vehicles, which calls for the pan to meet all school bus regulations." As a solution, you suggest a change in Federal law might be appropriate to exempt the vehicles you describe "from the height classification in determining how many passengers they would be capable of carrying."

As I understand your letter, there appears to be a misunderstanding about how Federal law operates with respect to school buses. There may also be a misunderstanding about whether it is a Federal or state definition that determines which vehicles may be used to transport school children in Kansas.

Under Federal regulations, there is no vehicle classification called "van." Instead, a passenger van is classified as either a "multipurpose passenger vehicle" (MPV) or a "bus" depending primarily upon its seating capacity. An MPV is a motor vehicle desi gned to carry a driver and 9 or fewer passengers, and either constructed on a truck chassis or equipped with features for off-road operation. A bus is a motor vehicle designed to carry a driver and 10 or more passengers.

Given these definitions, a van with 9 or fewer designated seating positions for passengers cannot, regardless of its weight or gross vehicle weight rating (GVWR), be a bus within the meaning of Federal law and regulation. (GVWR is the manufacturer's dete rmination of a vehicle 's loaded weight, i.e., the weight of the vehicle plus its designed capacity to carry people and cargo.) On the other hand, if a van is manufactured with 12 or 15 designated seating positions as you stated, then the vehicle is a bus. The number of passengers that such a van may actually carry on any given trip does not affect its classification as a bus.

If that vehicle is manufactured and sold to carry school children, then the vehicle is not just a bus, but a school bus. The National Traffic and Motor Vehicle Safety Act and regulations issued thereunder define a school bus in terms of (1) the vehicle's designed capacity for carrying people, and (2) the vehicle' s intended use. More specifically, a school bus is a motor vehicle designed for carrying a driver and 10 or more passengers, and sold for transporting students to and from school or school-rela ted events.

Gross vehicle weight rating (GVWR) is used in some safety standards to differentiate between smaller and larger school buses in the application of those standards. For example, Safety Standard No. 222, School bus passenger seating and crash protection, s pecifies one set of requirements for school buses with a GVWR of 10,000 pounds or less and another for those with a GVWR of greater than 10,000 pounds.

NHTSA's definition of school bus is used by the agency in regulating the manufacture and sale of new vehicles. New vehicles which are classified as school buses must meet the FMVSSs for school buses. A school bus manufacturer must certify that its vehicl es meet all applicable Federal safety standards, and a commercial seller must sell only a complying vehicle as a school bus. Thus, a dealer who has a 12 or 15 passenger van that has not been certified as complying with the Federal school bus safety stand ards and sells that vehicle to a school district has, in all likelihood, violated the statutory prohibition against the sale of a noncomplying vehicle. (Title 49 of the Code of Federal Regulations (CFR) Part 571 contains the Federal safety standards appl icable to school buses and other vehicles.)

However, this agency can not regulate the purchase or use of a vehicle, and consequently can not require a school district to purchase or use only those vehicles that comply with the Federal school bus safety standards. A State may do so by adopting appr opriate vehicle definitions and requirements. To determine whether a local Kansas school district may purchase or use a noncomplying vehicle as a school bus, you must look to the laws of the State of Kansas, not the Federal laws and regulations.

On the other hand, I must emphasize NHTSA's position that a vehicle meeting Federal school bus regulations is the safest way to transport students, and encourage you to give this your most careful consideration.

I hope you find this information helpful. If you have further questions, please contact Joan Tilghman of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Erika Z. Jones Chief Counsel

cc: The Honorable Nancy Landon Kassebaum United States Senator Washington, DC 20515

Re: The Honorable Don Montgomery Senator, Twenty-First District 1218 Main Sabetha, Kansas 66534-1835

Respectfully referred to:

Ms. Nancy F. Miller Director of Congressional Affairs Department of Transportation 400 Seventh Street, S.W. Washington, D.C. 20590

Because of the desire of this office to be responsive to all inquiries and communications, your consideration of the attached is requested. Please respond directly to the constituent with a copy to my office. Your findings and views will be appreciated b y

Nancy Landon Kassebaum United States Senator

Attention: Guy Clough

The Honorable Nancy Kassebaum United States Senate P. O. Box 51 Topeka, KS. 66683

Dear Senator Kassebaum:

I am enclosing copies of two letters I received concerning the use of van type buses designed to carry 10 or less passengers, without meeting all the requirements of a school bus. The problem comes about because the federal law classifies the vans by wei ght and calls them twelve passenger vehicles, which calls for the van to meet all school bus regulations.

A change in the federal law to allow van type vehicles designed to carry up to ten passengers may be exempt from the weight classification in determining how many passengers they would be capable of carrying. Many of these types of vans are presently own ed by school districts and can't be used because of the federal law determination that they can carry so many passengers, because of the weight classification when in reality there aren't that many passenger seats.

I would be happy to furnish any information available to me that might be of assistance to you in trying to help solve this problem.

Sincerely,

Don Montgomery Senator, Twenty-First District

DM:lm

CC: Doris Hupe, USD 343 James Shepherd, Supt. USD 343 Rep. Robin Leach Rep. John Solbach

January 5, 1988

Dear Board of Education Members:

The Board of Education U.S.D. #343 Perry, Kansas is asking for your support in passage of legislation which would clarify and make more workable K.S.A. 8-126 and amendments thereto. K.S.A- 8-126 defines/describes motor vehicles, specifically those design ed for transporting 10 passengers or less.

Enclosed you will find a letter addressed to Representative John Solbach concerning the problem of classification of motor vehicles as related to the transportation of students. It is the belief of the Board of Education U.S.D. #343 that many districts i n the State of Kansas are affected by K.S.A. 8-326 at great expense to the taxpayers.

We are asking that you support the development of legislation which would allow Districts that own vehicles classified to carry 12 to 15 passengers to continue using these vehicles as long as they adhere to the 10-passenger rule. We ask that you contact your State Legislators and ask their support of such legislation.

Respectfully

Board of Education, U.S.D. #343 Doris Hupe, President

November 13, 1987

Mr. John H. Solbach Rt. 1 Lawrence, Kansas 66044

Dear Mr. Solbach:

I am writing this letter to inform you of a problem experienced by Unified School Districts in the State of Kansas, concerning the use of vans for student transportation, and to ask your support in solving this problem.

Over the years many school districts within our state have purchased vans to be used in the transportation of special education students, for shuttles to bus pickup points, for students activities, and for kindergarten. The saving on this type of vehicle over a standard bus for a small number of students is quite large. Our problem lies on the fact that state law requires that only ten students at a time may be transported on such a vehicle, and that said vehicle must be classified for ten or fewer pass engers at a time.

School districts have understood and complied with the ten passenger rule. Where our problem lies is in the classification of the vehicle. First it is almost impossible to purchase a van with a classification of ten passengers. Second, most school distri cts have in their possession vehicles classified to carry 12 or 15 passengers.

Due to the present interpretation of the law these vehicles are now useless and must be sold and new ones purchased at great expense to the school districts and State of Kansas.

At this writing it is my understanding that Representative Robin Leach is planning to introduce legislation concerning this problem. It would be our hope that you might support such legislation or entertain the possibility of your own bill. I would be mo st happy to discuss our concern with you at your convenience.

Respectfully,

James R. Shephard, Ed. D. Superintendent of Schools