Interpretation ID: nht92-5.40

DATE: June 29, 1992

FROM: Frederick H. Grubbe -- Acting Administrator, NHTSA

TO: Bart Gordon -- U.S. House of Representatives

TITLE: None

ATTACHMT: Attached to letter dated 6/4/92 from Bart Gordon to Adele Derby

TEXT:

Thank you for your June 4, 1992, letter to Ms. Adele Derby, Associate Administrator for Regional Operations, regarding the use of 11-15 passenger vans for school purposes.

You stated in your letter that some confusion exists in Tennessee as to whether such vans can be used to transport students such as the debate team or the cheerleading squad to extracurricular activities. You said that it is your understanding that there are regulations prohibiting the sale of such vans for school use, and that your question is whether schools that currently own such vans can use them. You pointed out that the specific confusion seems to lie in whether this agency's definition of a school bus applies to these vans and if so, whether the vans must comply with our school bus safety standards. Finally, you advised that the State of Tennessee, in interpreting our regulations, advised schools to stop using vans in the 11-15 passenger category.

The National Highway Traffic Safety Administration (NHTSA) appreciates the opportunity to clarify for you our school bus regulations. The National Traffic and Motor Vehicle Safety Act of 1966, 15 U.S.C. SS1381 - 1431 (hereinafter Safety Act), authorizes NHTSA to establish Federal motor vehicle safety standards. In 1974, Congress enacted the Schoolbus and Motor Vehicle Safety Amendments. These amendments directed NHTSA to issue motor vehicle safety standards on specific aspects of school bus safety and apply those standards to all school buses. Such standards became effective on April 1, 1977, and apply to every school bus manufactured on or after that date. The standards may be found in 49 CFR Part 571.

Under Federal law, a vehicle, including a van, designed for carrying 11 or more persons is a bus. A bus is a school bus if used or intended for use in transporting students to and from school or school-related activities.

The Safety Act requires each person selling a new school bus to ensure that the vehicle complies with all applicable safety standards. Thus, a person may sell a new bus, including a van designed to carry 11 or more persons, to a school or school district only if the vehicle is certified as complying with our school bus safety standards. The onus is on the seller to ascertain the intended use of the bus. The seller risks substantial penalties if he or she knowingly sells a vehicle for use as a school bus and the vehicle is not certified as such.

Please note that Federal law and our implementing regulations directly regulate only the manufacture and sale of new motor vehicles, not their use. School districts are not prohibited by Federal law from using their vans to transport school children, whether or not such vans meet school bus safety standards. However, states are free to impose their own standards relating to the use of

motor vehicles, including school buses. Therefore, Tennessee may impose any regulation it deems appropriate regarding the use of school buses.

We also would like to note that it is this agency's position that vehicles meeting Federal school bus safety standards are the safest way to transport school children. In addition, use of noncomplying vehicles of any kind to transport students could result in increased liability in the event of an accident. School districts should consult their attorneys and insurance carriers for advice on this issue.

We hope that this information is helpful.