Interpretation ID: 1982-2.12

DATE: May 10, 1982

FROM: Frank Berndt -- Chief Counsel, NHTSA; Signature by Stephen P. Wood

TO: Martin V. Chauvin -- Chief, Carrier Safety Bureau, Department of Transportation

TITLE: None

ATTACHMT: Attached to letter dated 3-27-78 from J.J. Levin, Jr. to B. Nanninga (VSA 102(14)); Also attached to letter dated 8-3-77 from J.J. Levin, Jr. to J.L. O'Connell (VSA 102(14)); Also attached to letter dated 7-12-77 from J.J. Levin, Jr. to J. Thomason (VSA 102(14)); Also attached to letter dated 9-10-90 from P.J. Rice to E. Kultgen (A36; VSA 108(b)(1); VSA 102(14); Part 571.3); Also attached to letter dated 5-29-90 from E. Kultgen to S.P. Wood (OCC 4843)

TEXT:

This responds to your April 9, 1982, letter asking whether vehicles used to transport children to or from day care centers and summer camps must comply with the school bus safety standards.

The agency has determined that vehicles used to transport children to day care centers need not comply with the school bus safety standards. This determination is based on the fact that facilities which are essentially custodial, even though they may have some educational components, are not considered to be schools.

With respect to summer camps, if the camps are associated with a school, the use of school buses would be required. On the other hand, camps with no school affiliation need not use school buses to transport their children. For the legislative history on the subject of camps, see the enclosed excerpt from House debates, 120 Cong. Rec. H8123 (daily ed. Aug. 12, 1974).

The agency has not developed a list of those facilities that are required to use school buses. As a general guideline, any operation associated with a school must, of course, use school buses. A head start facility is required to use school buses, since it is considered to be a preprimary school. Other facilities whose functions are primarily educational must also use school buses, since they are considered schools. As noted above, facilities that are essentially custodial need not use school buses.

I hope these guidelines will be useful to you.