Interpretation ID: aiam4279
U.S. House of Representatives
Washington
DC 20515;
Dear Mr. Spence: Thank you for your letter enclosing correspondence from you constituent, Mr. George Seaborn of the South Carolina Association of School Superintendents, concerning Federal regulations for school buses. Your letter has been referred to my office for reply, since the National Highway Traffic Safety Administration is responsible for administering Federal programs relating to school bus safety.; In his letter to you, Mr. Seaborn expresses his concern about a Federa regulation that 'excludes the use of vans capable of transporting more than 10 persons from use by schools.' Mr. Seaborn explains that it would be difficult for school districts to comply with a restriction on van use since large vans are extensively used for pupil transportation. He believes that schools should be permitted to use vans since those vehicles are safe for transporting passengers other than school children.; I appreciate this opportunity to clarify our school bus regulations. A 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 the National Traffic and Motor Vehicle Safety Act, to regulate the manufacture and sale of new motor vehicles. In 1974, Congress enacted the Schoolbus and Motor Vehicle Safety Amendments to direct 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 the Vehicle Safety Act are the manufacturers an sellers of new school buses. The Vehicle Safety Act requires each person selling a new 'school bus' to ensure that the bus complies with our school bus safety standards. Under Federal law, 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 10 o more persons) to a school or school district provided that the vehicle meets our motor vehicle safety standards for school buses.; Because our regulations apply only to the manufacture and sale of ne motor vehicles, we do not prohibit school districts from using their large vans to transport school children even when the vehicles do not meet Federal school bus safety standards. Matters relating to motor vehicle use are determined by state law. However, in the event a South Carolina 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 the Vehicle Safety Act to sell complying school buses. The seller should know that he or she risks substantial penalties if a noncomplying bus is sold as a school bus.; Since Mr. Seaborn is interested in transporting students in vans, would like to clarify a few additional matters concerning our school bus regulations. In his letter to you, your constituent expresses a belief that large vans (i.e., buses) should be safe for school children since they are safe for other passengers. The legislative history of the Schoolbus Amendments of 1974 indicate that Congress believed that special measures should be taken to protect school children who use school bus transportation. Fifteen-passenger vans (i.e., buses) meeting our school bus safety standards provide more safety features than other buses. School buses must meet stringent performance requirements, including those for interior protection, fuel systems, emergency exits, windows and windshields and seating systems.; New 15-passenger vans, conforming to our school bus standards, may b sold to school districts to transport their pupils to school related events. School districts may also purchase 9-passenger vans for school transportation, because such vans are considered 'multipurpose passenger vehicles' (MPV's) and not 'buses' or 'school buses' under Federal law. We do not prohibit the sale of MPV's to carry school children nor do we require them to comply with Federal school bus safety standards. Instead, they must meet the performance requirements set by the safety standards for MPV's which also provide high levels of passenger safety.; I hope this information is helpful. We have provided similar letters t Representatives Robin Tallon and Butler Derrick who contacted us on behalf of Mr. Seaborn. Please let us know if we can be of further assistance to you and your constituents.; Sincerely, Erika Z. Jones, Chief Counsel