Interpretation ID: 19011.drn

The Honorable Dave Weldon
U. S. House of Representatives
2725 Judge Fran Jamieson Way, Building C
Melbourne, FL 32940

ATTN: Mr. Terry Mulford, Senior Caseworker

Dear Congressman Weldon:

Thank you for your letter on behalf of your constituents, Mr. David Thatcher and Ms. Janice Pound, of the Indian River City United Methodist Church, concerning Federal regulations for school buses. Your letter was referred to my office for reply, because the National Highway Traffic Safety Administration (NHTSA) is the agency responsible for administering Federal school bus requirements.

Your letter explains that the Indian River City United Methodist Church plans to start an after school child care program, and plans to purchase vans for use in transporting the children in the program. Your constituents have heard that "the state will be attempting to outlaw passenger vans for transporting children to/from school." They ask whether the church may use a passenger van and have other questions about school bus requirements.

I appreciate this opportunity to explain our school bus requirements. As explained below, our statutory authority applies to dealers that sell new vehicles. We do not regulate the use of vans, but we do require persons to sell school buses if the seller is selling a new "bus" (which includes a 10+ passenger van) and knows that the new bus (van) will be used to transport children to or from school or related events.

NHTSA's statute at 49 U.S.C. 30112 requires any person selling or leasing a new vehicle to sell or lease a vehicle that meets all applicable Federal safety standards. Under our regulations, a "bus" is any vehicle, including a van, that has a seating capacity of 11 persons or more. A "school bus" is any bus which is likely to be "used significantly" to transport preprimary, primary, and secondary students "to or from school or an event related to school" (emphasis added). Thus, a large van (such as one designed for 15 passengers) that is likely to be used significantly to transport students to or from school or school-related events is a "school bus." If a dealer sells a new bus (van) knowing that the bus is likely to be used significantly for such transportation, the seller must sell a bus that has been certified as meeting comprehensive Federal school bus safety standards.

This means that, with regard to your constituents' planned purchase of a bus (van), if a dealer knows that a new bus it is about to sell is likely to be used significantly (e.g., on a regular basis) to carry children to or from school or school-related events, the dealer must sell a bus that has been certified as meeting Federal school bus standards. A failure to sell a school bus in this situation can subject the dealer to substantial civil penalties from NHTSA.

Because use of a vehicle is regulated by the individual states, Florida may have requirements that could affect your constituents' use of the van. For information on Florida's requirements for transporting children to or from school, Mr. Thatcher and Ms. Pound can contact Florida's State Director of Pupil Transportation:

Florida may have a school bus definition that is used to determine which vehicles are subject to the state's school bus use requirements. Florida state administrators can answer Ms. Pound's question about the definition of a school bus, and the date by which school bus operators must comply with any prohibitions against using passenger vans for transporting children to or from school.

In closing, we wish to emphasize that school buses are one of the safest forms of transportation in this country, and that we therefore strongly recommend that all buses that are used significantly to transport school children be certified as meeting NHTSA's school bus safety standards. Further, using 10+ passenger vans that do not meet the school bus standards to transport students could result in increased liability in the event of a crash. Since such liability would be determined by State law, your constituents may wish to consult with an attorney and insurance carrier for advice on this issue.

I hope this information is helpful. I am also enclosing our publication, "Frequently Asked Questions About School Bus Safety Requirements." If you have any further questions, please feel free to contact me at this address or by telephone at (202) 366-2992.

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosure
ref:VSA#571.3
d.11/20/98