Interpretation ID: 19416.drn
Mr. Ronald P. Jones
Director of Transportation and Maintenance
Highlands Christian Academy
501 N.E. 48th Street
Pompano Beach, FL 33064-9854
Dear Mr. Jones:
This responds to your January 7, 1999, letter requesting an interpretation regarding the use of your 15-passenger van to transport, for school-related activities, students in kindergarten through the twelfth grade. Your letter states: "In speaking with your office, I was told that private schools fall under federal government rules, not state." For purposes of the regulations that govern the use of your vehicles, this statement is incorrect. In general, State law, not laws administered by the National Highway Traffic Safety Administration (NHTSA), regulates vehicle usage.
By way of background, NHTSA is authorized to issue and enforce Federal motor vehicle safety standards applicable to new motor vehicles. Our statute at 49 U.S.C. 30112 requires any person selling or leasing a new vehicle to sell or lease a vehicle that meets all applicable standards. Accordingly, persons selling or leasing a new "school bus" must sell or lease a vehicle that meets the safety standards applicable to school buses. Our statute defines a "schoolbus" as any vehicle that is designed for carrying a driver and more than 10 passengers and which, NHTSA decides, is likely to be "used significantly" to transport "preprimary, primary, and secondary" students to or from school or related events. 49 U.S.C. 30125. By regulation, the capacity threshold for school buses corresponds to that of buses -- vehicles designed for carrying more than ten (10) persons. For example, a 15-person van that is likely to be used significantly to transport students is a "school bus."
In general, NHTSA's safety standards directly regulate the manufacture and sale of new motor vehicles, not their use. Each State has the authority to set its own standards regarding the use of motor vehicles, including school buses. You should check Florida law to see if State law may prohibit your private school from using the van to transport students. For information on Florida's requirements, you may contact Florida's State Director of Pupil Transportation:
Mr. Charles Hood, Director, School Transportation
Florida Department of Education
325 W. Gaines St. #824
Tallahassee, FL 32399-0400
Telephone: (850) 487-8608
In closing, we wish to emphasize that school buses are one of the safest forms of transportation in this country, and that we therefore strongly recommend that all buses that are used to transport school children be certified as meeting NHTSA's school bus safety standards. Further, using 15-person vans that do not meet NHTSA's school bus standards to transport students could result in increased liability in the event of a crash. Since such liability would be determined by State law, you may wish to consult with your attorney and insurance carrier for advice on this issue.
I hope this information is helpful. For more information about the safety features of a school bus, I am enclosing NHTSA's publication: "School Bus Safety: Safe Passage for America's Children." If you have any further questions please feel free to contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992.
Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosure
ref:VSA#571.3
d.3/25/99