Interpretation ID: nht90-4.45

TYPE: Interpretation-NHTSA

DATE: October 15, 1990

FROM: Paul A. Shaw -- Superintendent, Florence County School District Five

TO: Paul Jackson Rice -- Chief Counsel, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 1-14-91 from Paul J. Rice to Paul A. Shaw (A37; Part 571.3)

TEXT:

I would like your clarification on the School Bus and Motor Vehicle Safety Act amended by congress in 1974. This amendment directed the National Highway Traffic Safety Administration to issue motor vehicle safety standards on specific aspects of school bus safety and apply those standards to all school buses. Under this federal law, a van designed for eleven or more persons is considered a school bus if it is maintained for transporting students to and from school or school-related events.

Does federal law prohibit a school district from using a fifteen-passenger van that does not meet federal safety standards for school buses to transport students to athletic events, extra-curricular activities, and field trips?

Our school district purchased a standard, fifteen-passenger, 1990 Dodge van to transport students to various school-related events. Is the use of this van for transporting students to these events violating federal law? If so, please cite the specific s ection of the law pertaining to this.

I shall look forward to hearing from you at your earliest convenience.