Interpretation ID: aiam4109
P.O. Box 516
Rockledge
FL 32955;
Dear Mr. Spencer: This responds to your March 11, 1986 letter to this office askin several questions about the applicability of our school bus regulations to vans. In a March 5 telephone conversation with Ms. Hom of my staff, you explained your concern with Florida's position against use of conventional vans on school-related activities. While you were aware that it would be more appropriate to discuss your suggestions for changing Florida's laws with state officials, you requested us to clarify our regulations for school buses. Your letter included several specific questions about our school bus requirements.; From the correspondence enclosed with your letter, we understand tha Florida's concern over school bus safety resulted in a prohibition against school boards' condoning the transportation of students to school related events in vans that do not meet Federal or State school bus safety standards. This prohibition applies to school-owned vehicles as well as to vehicles owned by parents wishing to transport their children to extracurricular activities. Florida does not prevent parents from transporting children in their vans if the transportation is not sponsored or required by the school board and if parents assume responsibility for carrying school children.; Before I respond to your specific questions, some background discussio on our school bus regulations would be helpful. The National Traffic and Motor Vehicle Safety Act authorizes NHTSA to regulate the manufacture and sale of all new motor vehicles, including school buses. Under the Vehicle Safety Act we issued comprehensive motor vehicle safety standards for various aspects of school bus safety, including emergency exits, seating systems, windows and windshields, and fuel systems. Under Federal law, a 'school bus' is defined as a bus (i.e., a motor vehicle designed to carry 11 or more persons, driver included) sold for purposes that include carrying students to or from school or related events (common carriers in urban transportation excluded). Federal law requires all manufacturers to certify that each new school bus complies with our school bus safety standards and requires persons selling new school buses to ensure that only certified vehicles are sold. Any person who fails to comply with the requirements of the Vehicle Safety Act is subject to civil penalties under the Act.; In addition, NHTSA has a separate set of recommendations for stat pupil transportation programs which was issued under the Highway Safety Act. Those recommendations are found in Highway Safety Program Standard No. 17, *Pupil Transportation Safety* (copy enclosed), and include guidelines for school bus identification, maintenance, and driver training. Each state determines how it will include Program Standard No. 17's guidelines in its highway safety program, and individual states have chosen to adopt some or all aspects of the standard. Florida state officials would be able to explain state implementation of Program Standard No. 17, if you are interested in further information.; Your first question asked whether we have any regulation that prohibit parents or booster club members from transporting children or students to school sponsored events in their own vehicles.; The answer to your question is no. As explained above, our requirement apply to the manufacture and sale of new motor vehicles. Manufacturers of new school buses certify their vehicles to our school bus safety standards and persons selling new school buses sell only complying school buses. NHTSA does not regulate users of motor vehicles, such as schools, parents, or any other vehicle owner, and we have no prohibition against vehicle owners using their own vehicles to transport school children to school-related events. However, states have authority to set requirements for vehicles used to transport school children. If Florida wishes to sanction use of only complying school buses to transport its school children, it may do so. Its recommendation that school boards not condone transporting school children in noncomplying vehicles is consistent with our belief that school buses certified to our school bus safety standards are the safest means of transportation for school children.; Your second question asked whether NHTSA has any regulation applicabl to state boards of education or booster club members when they purchase or lease a bus or multipurpose passenger vehicle for carrying school children to school-related events.; The answer to this question is no. As explained in our response to you first question, NHTSA's requirements apply to persons selling or leasing new school buses for school-related events, not to purchasers or users of school buses. However, I would like to emphasize that Federal law requires dealers who know that a new bus will be used to transport students to school-related events to sell complying school buses. The Safety Act's prohibition against selling new noncomplying vehicles or introducing them into interstate commence (sic) also requires dealers who *lease* new buses for school-related events to lease complying school buses.; Your next several questions concerned NHTSA's definitions fo 'passenger vehicles,' and 'conventional vans' of varying passenger capacities.; We assume that by 'passenger vehicle' you are referring to a 'passenge car.' NHTSA's definitions section of our motor vehicle safety standards, found at Title 49 of the Code of Federal Regulations (CFR) Part 571.3, defines a 'passenger car' as: 'a motor vehicle ... except a multipurpose passenger vehicle, designed for carrying 10 persons or less.'; You asked for our definition of a 'conventional van' and also asked ho we would classify a passenger van that carries 10 or fewer persons. Vans designed to transport passengers are classified by us as either multipurpose passenger vehicles (MPV's) or buses, depending on the number of persons they are designed to carry. A van which carries 10 or fewer persons and is constructed either on a truck chassis or with special features for occasional off- road operation is considered an MPV.; A 'bus' is defined by us as a motor vehicle designed for carrying mor than 10 persons. Thus, a van designed to carry more than 10 persons is considered a bus. New buses, including the 11 to 15 passenger vans you referred to, sold to carry school children must comply with our school bus safety standards.; Your final question concerned the applicability of our school bu regulations to privately-owned family vehicles used by parents to carry their children to or from school. NHTSA does not consider those vehicles subject to our school bus safety standards. The House Committee Report on the Vehicle Safety Act amendments directing NHTSA to issue school bus safety standards stated that '(p)rivate motor vehicles used to carry members of the owner's household or other students in a carpool arrangement' were among the types of motor vehicles not meant to come within the scope of the amendments. (House Report 93-1191, page 42.) Therefore, persons selling new buses or any other type of vehicle for family use would not be under an obligation to sell complying school buses.; I hope this information clarifies our requirements for school buses Congressman Bill Nelson's office contacted us by letter dated March 4, 1986, with respect to your inquiry. I will send the Congressman a copy of this response for his information.; Please contact my office if you have any further questions. Sincerely, Erika Z. Jones, Chief Counsel