Interpretation ID: 1984-2.27

TYPE: INTERPRETATION-NHTSA

DATE: 07/13/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Office of Public Instruction; Montana

TITLE: FMVSS INTERPRETATION

TEXT:

Terry Brown, Specialist Pupil Transportation Safety Office of Public Instruction State Capitol Helena, Montana 59620

Dear Mr. Brown:

This responds to your March 12, 1984, letter to the National Highway Traffic Safety Administration (NHTSA) concerning the use of ordinary passenger vehicles, vans, and motor coaches, as school buses. You posed three separate questions regarding school district liability when these vehicles are used to transport school children.

Your first question asked for information on school district liability when 9, 12, or 16 passenger vans which do not comply with the Federal school bus safety standards are used to transport school children on activity trips. First, as you are probably aware, NHTSA does not hold schools responsible for operating noncomplying vehicles. Our enforcement authority is directed toward the vehicle manufacturer or the dealer that sells the noncomplying vehicle. Accordingly, there is no Federal prohibition against the operation by schools of noncomplying school buses. However, the laws of your state might not allow the use of such vehicles for the transportation of school children. Further, operation of noncomplying vehicles can pose insurance problems as qell as the possibility of private liability in the event that a child is injured in an accident involving one of those vehicles. You might want to discuss the issue of school district liability further with your insurance company and attorney.

Your first question can be restated to ask, "Do 9, 12, or 16 passenger vans which are used to transport school children on activity trips have to comply with the Federal school bus safety standards?"

The floor debates on the Motor Vehicle Safety and Schoolbus Amendments of 1974 show that Congress chose to specify a broad definition of school bus to include so-called "activity buses" in the definition. Therefore, activity buses are subject to the same Federal school bus safety standards which apply to buses that transport children to and from school.

A vehicle that is significantly used to transport school children to and from school and related events must be certified as complying with the school bus safety standards if the vehicle is a bus, and if the date of manufacture of that vehicle is after April 1, 1977. Under Title 49 of the Code of Federal Regulations, Section 571.3, Definitions, a bus is defined as a motor vehicle (other than a trailer) designed for carrying more than 10 persons including the driver. Thus, a 9 passenger van would not be considered a bus nor a school bus under the Federal regulations. The school bus safety standards would not apply to such a vehicle. On the other hand, your 12 and 16 passenger vans are considered school buses since passenger capacity is above 10 persons.

Whether these 12 and 16 passenger vans must comply with the safety standards depends on the date of manufacture of those vehicles. The Motor Vehicle and Schoolbus Safety Amendments of 1974 which directed NHTSA to issue safety standards for new school vehicles, established the date on which the standards were to become effective. The comprehensive school bus safety standards became effective on April 1, 1977. If your 12 and 16 passenger vans were manufactured in or imported into this country on or after April 1, 1977, they must be certified as complying with the Federal school bus safety standards.

Your second question asked about school district liability when "regular or four-wheel drive suburbans (9 passenger)" are used to transport children to and from school. Again, the question we are addressing here is whether these vehicles must comply with the school bus safety standards. The answer to this question is no. A motor vehicle carrying 9 passengers is not considered a bus or a school bus under the Federal regulations.

Your third question asked, "What problems could school districts face when they use over-the-road coaches (greyhound types) to transport children on activity trips?" As discussed previously, the National Traffic and Motor Vehicle Safety Act, as amended, together with the school bus safety standards, require that these buses be certified by their manufacturer as complying with the Federal school bus safety standards if they are significantly used to transport school children to and from school-related events. Greyhound-type buses as currently manufactured cannot be certified as doing such. Therefore, although NHTSA could not bring an enforcement action against a school using noncomplying school vehicles, a school district using a Greyhound-type motor coach may encounter problems obtaining insurance for its noncomplying vehicle. Further, the potential for private liability in the event of an accident involving one of these vehicles is very high.

If you have any further questions on this subject, please do not hesitate to contact me.

Sincerely,

Frank Berndt Chief Counsel

March 12, 1984

Mr. Frank A. Bern Chief Council NHTSA NOA-30 U.S. Department of Transportation Washington, D. C. 20590

Dear Mr. Bern:

I am inquiring about material I have read recently about school bus safety. Particularly statements from your legal people about the use of vans and over-the-road coaches to haul school children.

State Superintendent Argenbright has asked that I contact you for some specific information about 1) school district liability when they use regular 9, 12 or 16 passenger vans to transport school children on activity trips, 2) the possible liability when they use regular or four-wheel drive suburbans (9 passenger) to transport children to and from school and, 3) what problems could school districts face when they use over-the-road coaches (greyhound types) to transport children on activity trips?

I am talking about the use of school vehicles that do not meet our state or national "school bus" standards.

Rather than sending just printed material, I would appreciate receiving written information from you or one of your staff members, concerning these issues.

Thank you for your consideration and I look forward to your reply.

Sincerely,

Terry Brown, Specialist Pupil Transportation Safety

cc: Ed Argenbright