Interpretation ID: 23312.drn

The Honorable Fred Upton
U. S. House of Representatives
Washington, DC 20515-2206

Dear Congressman Upton:

Thank you for your letter asking for information about the use of buses and other vehicles to transport Michigan's school children. Your letter was referred to my office for reply, because the National Highway Traffic Safety Administration (NHTSA) is responsible for administering Federal programs relating to school bus safety.

You state that "Federal law prohibits the use of school vehicles to provide transportation to eleven or more students, unless it meets the safety standards of a school bus." You inform us that many Michigan school districts use vans to transport smaller student groups and would like to continue using vans.

As explained below, there is no Federal prohibition directed against schools or school districts which prevents them from using vans carrying 11 or more persons. Federal law does, however, affect the sale of buses to schools. NHTSA has the authority, under 49 U.S.C. 30112 et seq. (Chapter 301) to regulate the manufacture and sale of new motor vehicles. In 1974, Congress directed NHTSA to issue motor vehicle safety standards on specific aspects of school bus safety and apply those standards to all "school buses." The school bus standards we issued became effective April 1, 1977, and apply to each school bus manufactured on or after that date.

The parties subject to Chapter 301 are the manufacturers and sellers of new school buses. Chapter 301 requires each person selling a new "school bus" to ensure that the bus complies with our school bus safety standards. By regulation, a van designed for 11 or more persons (driver included) is a "bus," and is a "school bus" if intended for transporting students to and from school or related events. A person may sell a new bus (including a van designed to carry 11 or more persons) to a school or school district provided that the vehicle meets our motor vehicle safety standards for school buses.

In the event a Michigan school district decides to buy a new school bus, we would like the district to keep in mind that the seller would be obligated under Federal law to sell complying school buses. The seller should know that he or she risks civil penalties if a noncomplying bus is sold for pupil transportation.

Each State has the authority to set its own standards regarding the use of motor vehicles. Michigan state law would thus establish the requirements for how schools must transport school children. For further information, please contact Michigan's State Director of Pupil Transportation:

In closing, I wish to emphasize that school buses are one of the safest forms of transportation in this country, and that it is therefore strongly recommended that all buses that are used to transport school children be certified as meeting NHTSA's school bus safety standards. Further, using buses that do not meet NHTSA's school bus standards to transport students could result in increased liability in the event of a crash. Since such liability would be determined by State law, your constituents may wish to consult with their attorneys and insurance carriers for advice on this issue.

I hope this information is helpful. For more information about the safety features of a school bus, I am enclosing NHTSA's publication: "School Bus Safety: Safe Passage for America's Children." If you have any further questions please feel free to contact me.

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosure
ref:VSA#571.3
d.6/11/99