Interpretation ID: 1985-03.17

TYPE: INTERPRETATION-NHTSA

DATE: 07/12/85

FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA

TO: Mr. Don Fightmaster

TITLE: FMVSS INTERPRETATION

TEXT:

July 12, 1985 Mr. Don Fightmaster Director Division of Pupil Transportation Kentucky Department of Education Capital Plaza Tower Frankfort, Kentucky 40601 Dear Mr. Fightmaster: Thank you for your letter to former Chief Counsel Frank Berndt concerning the school bus regulations of the National Highway Traffic Safety Administration (NHTSA). I regret the delay in our response. In your letter, you state that Kentucky is planning to contract with commercial bus companies to use Greyhound-type buses to transport deaf and blind students to and from State-operated schools for the deaf and blind. The buses would be used on established routes for 9 round trips per year. You asked for NHTSA's opinion regarding the leasing of Greyhound-type buses in this manner. I would like to begin by explaining that there are two sets of regulations issued by NHTSA that affect buses used for school transportation. The first of these, the motor vehicle safety standards issued by this agency under the authority of the National Traffic and Motor Vehicle Safety Act ("Vehicle Safety Act," 15 U.S.C. 1381 et seq.), apply to the manufacture and sale of new motor vehicles and motor vehicle equipment. In 1974, Congress amended the Vehicle Safety Act to direct us to issue standards on specific aspects of school bus safety, such as emergency exits, seating systems, windows, and body strength. These standards became effective for buses manufactured after April 1, 1977. Under the Vehicle Safety Act, "school bus" is defined as "passenger motor vehicle which is designed to carry more than 10 passengers in addition to the driver, and which...is likely to be significantly used for the purpose of transporting primary, preprimary, or secondary school students to or from such schools or events related to such schools..." (Emphasis added.) The Vehicle Safety Act prohibits manufacturers of new school buses and their dealers or distributors from selling new buses for use as school buses if those vehicles do not comply with the Federal school bus safety standards. Federal law would prohibit the sale of new Greyhound buses for use as school buses because those buses as currently manufactured do not meet the requirements of our safety standards for school buses. However, it is crucial to keep in mind that the applicability of the school bus safety standards to a particular vehicle is determined by looking at the intended use of the new vehicle at the time of its initial sale. Buses that are not likely to be "significantly used" to transport school students are not "school buses" subject to our school bus safety standards. The Vehicle Safety Act would not prohibit leasing companies from leasing Greyhound buses to Kentucky for school transportation, if the buses, at the time of their initial sale, were not "likely to be significantly used" to transport school students. those buses would not be "school buses" subject to the school bus safety standards. On the other hand, new buses that are likely to be significantly used to transport school children would be school buses, and the parties selling the vehicles are required to sell complying school buses. If a leasing company were to buy a new bus, intending to use it to transport your students on 9 round trips a year, then we believe the use of the bus for school transportation would be "significant" within the meaning of the Vehicle Safety Act. Accordingly, the leasing company could not be sold a new Greyhound bus for this purpose. Although, from a legal standpoint, you are not prohibited from leasing certain Greyhound buses for school transportation, I would like to emphasize the importance that this agency attaches to the use of the safest possible means to transport school children. It remains our position that a school bus meeting the Federal school bus safety standards is the safest means of transportation for school children. While school buses have always been among the safest methods of transportation, the safety record of school buses has further improved in the years since buses began to be manufactured in accordance with the school bus safety standards. We urge you to consider arranging to have your deaf and blind students transported in complying school buses. The second set of regulations relating to school buses consists of the Highway Safety Program Standards (HSPS). They were issued under the Highway Safety Act of 1966 (23 U.S.C. 401 et seq.) and apply to state highway safety grant programs. These standards, which are more in the nature of guidelines, have been adopted in varying degrees by the States. One of these standards is HSPS No. 17, Pupil Transportation Safety. A copy of that standard is enclosed. I want to stress that HSPS No. 17 will affect you only if Kentucky has adopted it. Congress has given us discretion under the Highway Safety Act not to insist that a State comply with every requirement of a strong pupil transportation program, consistent with HSPS No. 17, we have not insisted that the States comply with every feature of the standard. I hope this information is helpful. Please let me know if we can be of further assistance. Sincerely, Original Signed By Jeffrey R. Miller Chief Counsel Enclosure