Interpretation ID: nht92-6.10

DATE: June 11, 1992

FROM: Bob Clement -- U.S. House of Representatives

TO: Andrew Card, Jr. -- Secretary, Department of Transportation

TITLE: None

ATTACHMT: Attached to letter dated 6/30/92 from Frederick H. Grubbe to Bob Clement (A39; Part 571.3)

TEXT:

I have recently been contacted by my constituents throughout the State of Tennessee who are concerned about the impact of a Federal law regarding the transportation of school children.

According to my constituents, the Federal law permits school officials to use vans equipped to transport up to 10 passengers; however, they are prevented from transporting school children in vans equipped to transport 11 or more passengers. It is my understanding that the school officials would like to use these vans to transport children participating in after-school athletic events.

I have attached a sample constituent letter for your review. I would greatly appreciate knowing if the regulations provide any relief for the school districts in this situation. If not, I would like to know if the National Transportation Safety Board or the Department of Transportation have considered revising the regulations on this matter.

If you need additional information or have any questions, please feel free to contact me or Jay Hansen of my staff at (202)225-4311.

Thank you in advance for any assistance you may be able to provide.

Attachment

Letter dated 5/29/92 from James C. Campbell, Athletic Director, Maryville High School, Maryville, Tennessee. Text of letter:

Dear Legislator:

Recently throughout our State much concern has mounted in regard to recent memos from Mr. Ernest Farmer, Director of Pupil Transportation, Tennessee State Department of Education. These memos have directed attention to an early 1970's federal law pertaining to use of vehicles with a capacity of eleven (11) or more.

Over the years, many schools throughout the State have made use of 12 and 15 passenger vans to transport athletic teams and other school groups to and from school-related events. These vans are NOT used for "pick-up" and "drops" on public roadways. Now, many systems have either had to park their vans or they are under a deadline to do so. This action already has or will create a tremendous financial burden on schools already strapped with financial hardships due to budget cuts. We fear the ultimate result will be the elimination of certain athletic teams and other school functions simply due to the enormous expense involved in renting buses on a daily basis. Also, another problem is that of finding buses available at the time of day needed.

At Maryville High School we have suspended use of two vans that were used for a variety of student activities. Replacing these resources means hiring school buses which we know will increase costs. Due to this change we are considering eliminating some valuable parts of our student activity programs.

We desperately need your help in seeing that this law is amended or changed in order to permit the use of these vehicles. To ensure that vans are maintained in a safe condition, they can be required to have the same inspection as that imposed on regular school buses.

We have real problems with, and do not understand the rationale, of a law that states we can legally use a van equipped to transport 10 passengers but we cannot use a van equipped to transport 11, 12, or 15 passengers. We appreciate your concern in this matter and desperately need your support.