Interpretation ID: 21236.drf
The Honorable Scott McInnis
Member, U.S. House of Representatives
225 North 5th Street
Suite 702
Grand Junction, CO 81501
Dear Congressman McInnis:
Thank you for your letter concerning Federal school bus safety regulations. Your letter has been referred to my office for reply, because the National Highway Traffic Safety Administration (NHTSA) administers Federal requirements for school buses.
You have contacted us on behalf of a public school official who asks about a regulation that requires transportation of students to sporting events by school bus. Your constituent is concerned that such a regulation would be financially burdensome on schools with small enrollments. The official would prefer using private vehicles and vans supplied by automobile dealers on a temporary basis. You ask three questions: (1) Do such regulations exist? (2) Do the regulations apply regardless of the size of the school or team? (3) Can private vehicles or dealership-supplied vehicles that have required restraint systems, adequate seating, be used instead of school buses? Each of these questions is addressed below.
Some background information may be helpful in answering your questions. The National Highway Traffic Safety Administration (NHTSA) is authorized to issue and enforce Federal motor vehicle safety standards applicable to new motor vehicles. Our 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 standards. Accordingly, persons selling or leasing a new "school bus" must sell or lease a vehicle that meets the safety standards applicable to school buses. Our statute defines a "schoolbus" as any vehicle that is designed for carrying a driver and more than 10 passengers and which, NHTSA decides, is likely to be "used significantly" to transport "preprimary, primary, and secondary" students to or from school or related events. 49 U.S.C. 30125. Persons selling or leasing new "buses" for such use must sell or lease a "school bus."
By regulation, the capacity threshold for school buses corresponds to that of buses: vehicles designed for carrying more than ten (10) persons. For example, a 15-person van that is likely to be used significantly to transport students is a "school bus." Persons selling or leasing new 15-person vans for such use must sell or lease a van that meets our school bus standards.
You first ask whether our regulations require students to be transported to sporting events by school buses. We require persons selling new "buses" (e.g., 15-passenger vans) for use as school vehicles to sell buses that meet our school bus safety standards. However, we do not require schools to use school buses nor do we prohibit schools from using non-school buses to transport school children. Matters concerning the use of vehicles are set by each State. Thus, Colorado law would determine whether the students must be transported by school buses.
We believe, however, that school buses are one of the safest forms of transportation in this country. Thus, we strongly recommend that all buses that are used to transport school children be certified as meeting our school bus safety standards.
Your second question asks whether school or team size makes a difference in the application of our school bus regulations. Our school bus regulations apply to any person selling a new "bus" that is likely to be used significantly to transport students to or from school or related events. Our regulations do not distinguish between buses sold to large or small schools or between buses sold to carry large or small teams. However, our school bus regulations only apply to transactions involving buses and school buses that are likely to be significantly used for pupil transportation. We permit dealers to sell or lease vehicles other than "buses" for pupil transportation, e.g., passenger cars or vans that carry fewer than 11 persons.
Your third question asks whether schools may use private vehicles or dealership-supplied vehicles instead of school buses. As stated above, requirements concerning which vehicles schools may use are set by each State, and not NHTSA. In addition, our school bus regulations do not prohibit a rental of a bus on an occasional basis. Such a vehicle would not be used significantly to carry school children and thus would not be a "school bus" under our regulations.
I hope this information is helpful. For your information, I am enclosing NHTSA's publication: "School Bus Safety: Safe Passage for America's Children." This brochure explains the safety enhancements of a school bus that makes school buses safer than non-school buses. If you or your constituent have any further questions, please do not hesitate to contact me.
Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:VSA#571
d.2/29/2000