Interpretation ID: 22042.drn
The Honorable Jerry Moran
United States House of Representatives
1200 Main St. Suite 402
P.O. Box 249
Hays, KS 67801-0249
Dear Congressman Moran:
Thank you for your letter to the Department of Transportation's Office of Congressional Affairs, on behalf of Mr. Richard Cain, Assistant Superintendent for Finance of Unified School District 489 in Hays, Kansas. Mr. Cain seeks assistance in purchasing an "over-the-road activity bus" (motorcoach) that apparently does not meet Federal school bus standards. The manufacturer of the bus has apparently stated that based on the requirements of the National Highway Traffic Safety Administration (NHTSA), the bus cannot be sold to your constituent's school district. Insofar as another school district, USD 457 apparently purchased an identical bus in 1998, Mr. Cain wants to know "whether NHTSA's standards have changed" since that time.
Because NHTSA administers Federal regulations for school buses, your letter has been referred to my office for reply. NHTSA is authorized to issue and enforce Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles. Our statute at 49 U.S.C. 30112(a) requires any person selling or leasing a new vehicle to sell or lease a vehicle that meets all applicable standards. Accordingly, persons selling or leasing a new "school bus" must sell or lease a vehicle that meets the safety standards applicable to school buses.
Our statute defines a "school bus" as any vehicle that is designed for carrying a driver and more than 10 passengers and which, NHTSA decides, is likely to be "used significantly" to transport "preprimary, primary, and secondary" students to or from school or related events. (1) 49 U.S.C. 30125. This definition was enacted in 1974, as part of a comprehensive effort by Congress to increase school bus safety. By regulation, the capacity threshold for school buses corresponds to that of buses -- vehicles designed for carrying more than ten (10) persons.
The great majority of vehicles used to transport students fall within the definition of "school bus." More specifically, any new "bus" (including a motorcoach) sold to a school district, or to a school bus contractor, is considered to be a "school bus" when sold for pupil transportation, and as such must comply with the school bus safety standards. A dealer or distributor who sells a new bus to a school district or school bus contractor that does not meet school bus standards is subject to penalties under the statute. There has been no change in NHTSA's laws on dealers' sales of new buses to school districts in the past two years. We plan to look into whether the sale of a similar bus to USD 457 in 1998 violated our laws.
Because our laws generally apply only to manufacturers and dealers of new motor vehicles, we do not regulate a school district's use of a bus to transport school children, even when the bus does not meet Federal school bus safety standards. However, each state has the authority to set its own standards regarding the use of motor vehicles, including school buses.
As Mr. Cain has pointed out in his letter, a school district can be sold a used motorcoach, even when the bus could not be sold when new. This is because our requirement to sell vehicles that meet applicable safety standards does not apply to the sale of a motor vehicle "after the first purchase of the vehicle ... in good faith other than for resale," i.e., to sales of used vehicles. (See 49 U.S.C. 30112(b)(1).) Nonetheless, because school buses are one of the safest forms of transportation in this country, we strongly recommend that all buses that are used to transport school children be certified as meeting NHTSA's school bus safety standards. In addition, using buses that do not meet NHTSA's school bus standards to transport students could result in liability in the event of a crash.
I am enclosing NHTSA's publication: "School Bus Safety: Safe Passage for America's Children." This brochure explains the safety enhancements of a school bus that makes school buses safer than non-school buses.
Our belief that vehicles providing the safety of school buses should be used whenever transporting children in buses is shared by the National Transportation Safety Board (NTSB). At a June 8, 1999, public meeting, the NTSB issued the enclosed abstract of a special investigative report on nonconforming buses. The NTSB issued the report after investigating four crashes in 1998 and 1999 in which 9 people were killed and 36 injured when riding in "nonconforming buses." NTSB defines "nonconforming bus" as a "bus that does not meet the FMVSSs specific to school buses." Most of the victims, including eight of the fatalities, were children.
I hope this information is helpful. If you have any further questions, please contact John Womack, Esq., NHTSA's Senior Assistant Chief Counsel, at (202) 366-9511.
Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosures
ref:VSA#571.3
d.9/27/00
1. NHTSA has consistently interpreted "related events" to include school-sponsored field trips and athletic events.