Interpretation ID: aiam2546
Executive Secretary
Wisconsin School Bus Association
Box 403
Brookfield
WI 53005;
Dear Mr. Rechlicz: This responds to your March 5, 1977, letter asking for a interpretation concerning the definition of school bus. In particular you ask how the National Highway Traffic Safety Administration determines the seating capacity of a motor vehicle which in turn determines whether that vehicle will be considered a school bus for purposes of our regulations.; You are correct in your interpretation that a van designed to carr fewer than 10 passengers may transport children to or from school and need not comply with the new school bus safety standards. The NHTSA determines the seating capacity of a motor vehicle by the number of designated seating positions in the vehicle. The term 'designated seating position' is defined in Part 571.3 of our regulations (49 Code of Federal Regulations) to mean: '...any plan view location intended by the manufacturer to provide seating accommodation while the vehicle is in motion for a person at least as large as a 5th percentile adult female, except auxiliary seating accommodations such as temporary or folding jump seats.' Thus, as long as a van purchased for pupil transportation has fewer than 10 designated seating positions for passengers, it is not considered a school bus and need not comply with school bus safety standards.; Sincerely, Frank Berndt, Acting Chief Counsel