Interpretation ID: nht87-2.31

TYPE: INTERPRETATION-NHTSA

DATE: JULY 7, 1987

FROM: LACY H. THORNBURG -- ATTORNEY GENERAL, STATE OF NORTH CAROLINA; EDWIN M. SPEAS, JR. -- SPECIAL DEPUTY ATTORNEY GENERAL, STATE OF NORTH CAROLINA

TO: ERIKA Z. JONES -- CHIEF COUNSEL, NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO MEMO DATED 2-19-88, FROM ERIKA Z. JONES-NHTSA, TO EDWIN SPEARS JR., REDBOOK A31

TEXT: As suggested by Deirere Hom, I am writing to seek assistance with an issue facing some public school systems in North Carolina.

Some school systems have purchased vans that do not meet federal schoolbus specifications. These vans are used primarily to transport teachers and administrators, but are also used from time to time to transport students to extracurricular activities .

I am familiar with the definitions of "schoolbus" in 15 U.S.C. @ 1391(14) and in 49 C.F.R. @ 571.3, but am uncertain about how these definitions apply to the circumstance described above. My specific questions are:

1. Are school systems prohibited by federal law from using vans that do not meet federal school bus standards to transport students to extracurricular activities on a regular basis or on an occasional basis?

2. Has the Secretary adopted any regulations that define the term "significantly" as it appears in 15 U.S.C. @ 1391 (14)?

Any assistance you could give me with these questions would be appreciated.