Interpretation ID: nht92-5.27

DATE: July 7, 1992

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

TO: Jim Sasser -- United States Senate

TITLE: None

ATTACHMT: Attached to letter dated 6/9/92 from Jim Sasser to Jerry R. Curry (OCC 7409); Also attached to letter dated 5/29/92 from Jerry R. Curry to John J. Duncan, Jr.

TEXT:

Thank you for your letter to former Administrator Jerry Ralph Curry, regarding a Federal law governing the use of vehicles designed to carry 11 or more persons.

You stated in your letter that you have been contacted by several Tennesseans expressing their concern over such a law, and enclosed a letter from Mr. Robert High, Athletic Director, Brainerd High School, Chattanooga, TN as a sample. That letter cited memos from the Tennessee Department of Education, which referred to a 1970s law concerning the use of vehicles with a capacity of 11 or more persons. Mr. High stated that schools throughout the state have used 12 and 15-passenger vans to transport athletic teams to and from events but that several systems have been required to stop using those vehicles because of the law in question.

I appreciate this opportunity to clarify for you the Federal law and our implementing regulations regarding the safety requirements for school buses. Under the provisions of 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 the Congress enacted the Schoolbus Safety Amendments to the Safety Act, which directed the agency to issue motor vehicle safety standards on specific aspects of school bus safety. NHTSA issued those standards, effective April 1, 1977, which may be found at 49 CFR Part 571.

Under Federal law a vehicle, including a van, designed for carrying 11 or more persons is classified as a bus. 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 all 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 properly certified as such.

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, schools 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 vehicles by schools for pupil transportation to the extent that it deems appropriate.

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 note that the use of vehicles other than school buses 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.

We hope that this information is helpful.