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Interpretation ID: 22151.drn


    The Honorable Patsy Mink
    U.S. House of Representatives
    Washington, DC 20515-1102



    Dear Congresswoman Mink:

    Thank you for your letter to the National Highway Traffic Safety Administration (NHTSA) Administrator Dr. Sue Bailey. Your constituent, Ms. Grace Fox works for the Lutheran High School in Honolulu. Ms. Fox's school was notified by their insurance company that the school's coverage would not be continued because the vans used by the school to transport students do not meet Federal safety standards. You wish to know what the Federal standards for school buses are and whether the standards apply to both public school and private school buses. Because you seek information about NHTSA's laws, Dr. Bailey has asked me to respond to you.

    NHTSA is authorized to issue and enforce Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles. Our statute at 49 U.S.C. 30112(a) 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 "school bus" 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. (1) 49 U.S.C. 30125. This definition was enacted in 1974, as part of a comprehensive effort by Congress to increase school bus safety. By regulation, the capacity threshold for school buses corresponds to that of buses -- vehicles designed for carrying more than ten (10) persons.

    The great majority of vehicles used to transport students fall within the definition of "school bus." More specifically, any new "bus" sold to a school district, or to a private school, is considered to be a "school bus" when sold for pupil transportation, and as such must comply with the school bus safety standards. A dealer or distributor who sells a new bus to a school district or private school that does not meet school bus standards is subject to penalties under the statute.

    Some of the FMVSSs have additional requirements that apply to school buses, but do not apply to buses that are not school buses. In addition, some FMVSSs apply only to school buses. As an example of the former, additional exterior lighting and reflective tape are required that make these vehicles more visible and alert other motorists that school children may be in the roadway when a school bus is stopped. For the latter, school buses must be equipped with stop arm devices to reduce the instances where other motorists pass stopped school buses. Furthermore, school buses must provide crash protection in areas where pupils are seated.

    Because our laws generally apply only to manufacturers and dealers of new motor vehicles, we do not regulate a school's use of a bus to transport school children, even when the bus does not meet Federal school bus safety standards. However, each state has the authority to set its own standards regarding the use of motor vehicles, including school buses.

    A school district or private school can be sold a used bus, even when the bus could not be sold when new. This is because our requirement to sell vehicles that meet applicable safety standards does not apply to the sale of a motor vehicle "after the first purchase of the vehicle ... in good faith other than for resale," i.e., to sales of used vehicles. Nonetheless, because school buses are one of the safest forms of transportation in this country, we strongly recommend that all buses that are used to transport school children be certified as meeting NHTSA's school bus safety standards. In addition, using buses that do not meet NHTSA's school bus standards to transport students could result in liability in the event of a crash.

    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.

    Our belief that vehicles providing the safety of school buses should be used whenever transporting children in buses is shared by the National Transportation Safety Board (NTSB). At a June 8, 1999, public meeting, the NTSB issued the enclosed abstract of a special investigative report on nonconforming buses. The NTSB issued the report after investigating four crashes in 1998 and 1999 in which 9 people were killed and 36 injured when riding in "nonconforming buses." NTSB defines "nonconforming bus" as a "bus that does not meet the FMVSSs specific to school buses." Most of the victims, including eight of the fatalities, were children.

    I hope this information is helpful. If you have any further questions, please contact John Womack, Esq., NHTSA's Senior Assistant Chief Counsel, at (202) 366-9511.

    Sincerely,

    Frank Seales, Jr.
    Chief Counsel

    Enclosures
    ref:VSA#571.3
    d.10/17/00

    1. NHTSA has consistently interpreted "related events" to include school-sponsored field trips and athletic events.