Interpretation ID: aiam3946
Secondary Schools Principals Association
1904 Association Drive
Reston
VA 22091;
Dear Mr. Kruse: This responds to your May 1, 1985 telephone call to the Nationa Highway Traffic Safety Administration (NHTSA) regarding the Federal motor vehicle safety standards applying to buses for school extracurricular activities. You were especially interested in the agency's regulatory definition of 'school bus' which was adopted pursuant to enactment of the Motor Vehicle and Schoolbus Safety Amendments of 1974 (Public Law 93-492, hereinafter 'the Schoolbus Safety Amendments').; In the Schoolbus Safety Amendments, Congress defined 'school bus' as: >>>a passenger motor vehicle which is designed to carry more than 1 passengers in addition to the driver, and which the Secretary determines 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.<<<; The legislative history of the Schoolbus Safety Amendments shows tha Congress chose to specify a broad definition of a school bus, so as to require vehicles used solely for extracurricular activities to meet the same safety standards as buses used to transport the children to and from school. Congress intended NHTSA to set forth a regulatory definition of a school bus that encompassed any bus likely to be significantly used for student transportation.; The agency's definition of a school bus in accordance with th Congressional definition of that term. The agency definition is found in the definitions section of our motor vehicle safety standards (Volume 49 of the Code of Federal Regulations, Part 571.3). A school bus is defined as:; >>>a bus that is sold, or introduced in interstate commerce, fo purposes that include carrying students to and from school or related events, but does not include a bus designed and sold for operations as a common carrier in urban transportation. <<<; Our regulations further define 'bus' as 'a motor vehicle with motiv power, except a trailer, designed for carrying more than 10 persons.'; The enclosed materials include a Federal Register notice (40 FR 60033 December 31, 1975) amending the agency's definition of school bus to conform to the mandate of the Schoolbus Safety Amendments, and materials on the legislative history of Title II of the Amendments, *Schoolbus Safety*. Pursuant to your request, I have also enclosed a copy of the National Traffic and Motor Vehicle Safety Act of 1966, as amended, and information describing our motor vehicle safety standards and how you can obtain copies of those standards.; You expressed an interest in Secretary Dole's response t Representative Cheney's recent letter regarding NHTSA's regulations for activity buses used by school districts. A copy of that letter is enclosed.; Please let me know if we can be of further assistance. Sincerely, Jeffrey R. Miller, Chief Counsel