Interpretation ID: nht92-5.41

DATE: June 29, 1992

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

TO: John Tanner -- U.S. House of Representatives

TITLE: None

ATTACHMT: Attached to letter from John Tanner to John A. Cline (OCC 7373)

TEXT:

Thank you for your letter to Mr. John A. Cline, Director, U.S. Department of Transportation Congressional Liaison, inquiring into the possibility of amending "the National Highway Traffic Safety Administration's regulations against the use of 11-plus passenger vans to transport students."

You received the same letter from six constituents, all junior high or high school officials, in which they stated that in past years they used 12 to 15-passenger vans to transport students to and from school-related events. They can no longer do so because of memos from Mr. Ernest Farmer, Director of Pupil Transportation, Tennessee State Department of Education, wherein he called attention to a 1970s law regarding use of vehicles with a capacity of 11 or more. The letter emphasizes the adverse effects of not being able to use 12 to 15-passenger vans and asks your help in having that law amended to allow use of such vehicles. In closing, the letter states that the writer does not understand the rationale in allowing a van to transport 10 passengers but not 11 or more.

I appreciate this opportunity to clarify for you the Federal law and our implementing regulations on the safety requirements for school buses. Under the National Traffic and Motor Vehicle Safety Act of 1966, 15 U.S.C. SS1381 to 1431 (hereinafter Safety Act), the National Highway Traffic Safety Administration (NHTSA) is authorized to establish Federal motor vehicle safety standards. In 1974, Congress enacted the Schoolbus Safety Amendments to the Safety Act, directing the issuance of motor vehicle safety standards on specific aspects of school bus safety, such standards to be applicable to all school buses. NHTSA issued those standards, effective April 1, 1977, which may be found in 49 CFR Part 571.

Under Federal law, a vehicle, including a van, designed for carrying 11 or more people is classified as a bus, and a bus is further classified as a school bus if it is 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 applicable Federal safety standards. The onus is on the seller to ascertain the intended use of the bus, and the seller risks substantial penalties if he or she knowingly sells a vehicle for use as a school bus if the vehicle is not certified as a school bus.

Please note that Federal law and NHTSA implementing regulations directly regulate only the manufacture and sale of new motor vehicles, not their subsequent use. Therefore, school districts are not prohibited by Federal law from using vans of any size to transport school children, whether or not such

vans meet Federal school bus safety standards. Individual states, however, are free to impose their own standards on the USE of motor vehicles, including school buses. Accordingly, the State of Tennessee may regulate the use of school buses to any extent that it deems appropriate, so long as the Federal standards are not thereby affected.

Although not specifically required by Federal law, it is this agency's strongly held position that vehicles meeting Federal school bus safety standards are the safest way to transport school children. We should also caution that 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 that issue.

I hope this letter will be helpful in clarifying this matter for you and your constituents. Please let me know if I can be of further assistance to you.