Interpretation ID: 1985-01.15

TYPE: INTERPRETATION-NHTSA

DATE: 01/16/85

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: M. Leon Hart -- State Supervisor of School Transportation State of Delaware

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. M. Leon Hart State Supervisor of School Transportation State of Delaware The Townsend Building P.O. Box 1402 Dover, Delaware 19903

This responds to your letter to the National Highway Traffic Safety Administration (NHTSA) which concerned the Federal Motor Vehicle Safety Standards relating to school bus safety. You asked whether a public or nonpublic school can purchase and use a bus to transport school children to or from school related events if that vehicle does not meet the requirements for school buses established by NHTSA.

There are two Federal laws that have a bearing on your situation. The first of these is the National Traffic and Motor Vehicle Safety Act of 1966 (Public Law 89-563; hereinafter "the Vehicle Safety Act"), under which our agency issues safety standards applicable to new motor vehicles. In 1974, Congress amended the Vehicle Safety Act to direct us to issue standards on specific aspects of school bus safety, such as emergency exits, seating systems, windows, and body strength. These standards became effective for buses manufactured after April 1, 1977. The second law is the Highway Safety Act of 1966 (Public Law 89-564), under which we have issued highway safety program standards applicable to State highway safety grant programs.

Under the definitions section of our motor vehicle safety standards, "school bus" is defined as a bus that is sold, or introduced in interstate commerce, for purposes that include carrying students to and from school or related events (buses used as common carriers in urban transportation excluded). A "bus" is defined as a motor vehicle designed for carrying more than 10 persons.

The Vehicle Safety Act prohibits dealers or distributors from selling new school buses to schools or school districts if those buses do not comply with the Federal school bus safety standards. Any new van which carries 11 persons or more that is sold for purposes that include carrying students to and from school or related events is a school bus, and must comply with the standards for school buses issued by this agency. A dealer or distributor who sells a new non-complying bus to a school or school district is subject to substantial penalties under the Vehicle Safety Act.

You indicated in your letter that the color of the school bus in question is white. The Highway Safety Act, which deals with the safety of vehicle operation through a grant program to the States, specifies requirements for the color, lighting, and other operational criteria for school buses in Highway Safety Program Standard (HSPS) No. 17, Pupil Transportation Safety, (23 CFR 1204.4). Among the criteria in this standard are that a school bus should be painted yellow, equipped with special mirrors and lights, and marked "School Bus." In the case of a 15-passenger van, classified under the standard as a "Type II school vehicle," the identification criteria would have to be met if the van were equipped with school bus lights. If the State law conformed exactly to the standard, and if the bus in question were equipped as a school bus, then it would have to be painted yellow and signed as a school bus.

We wish to stress that HSPS No. 17 would affect the operation of your school buses only to the extent that Delaware has incorporated it into State law. Unlike the Vehicle Safety Act, which gives NHTSA direct regulatory authority over the manufacture and sale of motor vehicles, the Highway Safety Act gives us authority only over the content of the States' highway safety grant programs. Whether the 15-passenger school bus would have to be painted yellow is therefore determined by State law.

Please do not hesitate to contact us if you have further questions.

Sincerely,

Frank Berndt Chief Counsel

DEPARTMENT OF PUBLIC INSTRUCTION THE TOWNSEND BUILDING DOVER, DELAWARE 19903

October 30, 1984

Mr. Frank A. Berndt Chief Counsel, NHTSA-NOA-30 U.S. Department of Transportation Washington, D.C. 20590

Dear Mr. Berndt:

As the State Supervisor of School Transportation for the State of Delaware, it is important that I provide accurate information regarding the use of vehicles by school districts for the tranportatinn of children for other than home to school and return transportation.

Specifically, a school district has contacted this office to determine if they are permitted to purchase and use a Dodge Maxi van, painted white, and with the capacity of 15 persons to transport small groups of children to or from various school-related activities. Other school districts are currently using this type of vehicle which may compound the problem.

Question: May a public or nonpublic school purchase and use a vehicle with a capacity of 11 or more to transport school children or other persons to or from school-related activities if that vehicle does not meet the requirements of a school bus as established by the National School Bus Standards plus those required by the State of Delaware?

Your prompt reply to this question and information to support this position will be appreciated. I may be contacted by calling 302-736-4697.

Sincerely,

M. Lean Hart State Supervisor School Transportation

MLH:mk

cc: James C. Phillips, Superintendent Sussex County Vo-Tech District Robert J. Vashell , Director Division of Motor Vehicles