Interpretation ID: aiam4587
Transportation Section Financial Services Division Oklahoma State Department of Education 2500 North Lincoln Blvd Oklahoma City
OK 73105-4599;
"Dear Mr. Krewall: Thank you for your letter asking two questions abou how this agency's regulations apply to vehicles used as school buses. Before I answer your specific questions, it may be helpful to discuss some background information. Federal law regulates the manufacture and sale of new school buses. A 'school bus' is defined at 49 CFR /571.3 as 'a bus that is sold, or introduced in interstate commerce, for purposes that include carrying students to and from school or related events, but does not include a bus designed and sold for operation as a common carrier in urban transportation.' The National Highway Traffic Safety Administration (NHTSA) has issued Federal motor vehicle safety standards applicable to all new school buses. It is a violation of Federal law for any person to manufacture for sale a new school bus that does not comply with these safety standards. It is also a violation of Federal law for any person to sell as a school bus any vehicle that does not comply with all school bus safety standards. On the other hand, without violating any provision of Federal law, a school district may purchase or use a vehicle to transport school children even if the vehicle does not comply with Federal school bus regulations. This is so because the individual States have authority over the activities of a retail purchaser or user of a school bus. (Note, however, that a dealer who sold a vehicle other than a school bus to a school district with knowledge that it is intended to be used to transport school children would violate the Federal law.) With this background, I will now address the specific questions raised in your letter. First, you asked whether a 'transit coach-type vehicle' that was manufactured prior to April 1, 1977 could be used to transport students to and from school. In a subsequent telephone conversation with Joan Tilghman of my staff, you explained that you used the term 'transit coach-type vehicle' to mean a bus with a gross vehicle weight rating (GVWR) of over 10,000 pounds. As explained above, Federal law does not regulate the use of vehicles as school buses. If there are any limitations on the use of vehicles as school buses in your State, those limitations arise from the laws or regulations of the State of Oklahoma. NHTSA has repeatedly advised the States of our position that the safest way to transport students is in a vehicle that is certified as complying with Federal school bus regulations. We have encouraged States and school districts to consider this fact carefully when deciding what vehicles should be used to transport students to and from school and school-related events. Your second question asked what must be done to bring a bus with a GVWR of more than 10,000 pounds 'into compliance as a standard Type 'D' school bus.' In your telephone conversation with Ms. Tilghman, you explained that Oklahoma refers to school buses with a GVWR of more than 10,000 pounds as 'Type D' school buses. Please note that Federal school bus standards apply only to new school buses. Accordingly, there is no Federal requirement under NHTSA regulations that any person retrofit a used bus to make it comply with our standards for new school buses. You may wish to know that the Federal Highway Administration (FHWA), a separate agency within the U.S. Department of Transportation, has proposed regulations to enhance highway safety by regulating operations of 'private motor carriers of passengers.' (54 Federal Register 7362, February 17, 1989, Private Carriage of Passengers.) FHWA is exploring whether it is appropriate to require retrofit of some buses owned by that category of operators to meet NHTSA vehicle safety standards. While the proposed rule does not address the operations of governmental entities, you may wish to consider the FHWA proposal or comment on it. I enclose a copy for your information, and direct your attention to the comment closing date of June 19, 1989. I hope you find this information helpful. If you have further questions, please contact Joan Tilghman of my staff at this address or by telephone at (202) 366-2992. Sincerely, Erika Z. Jones Chief Counsel";