Interpretation ID: 3008yy
Program Director
Grace After School
10221 Ella Lee at Sam Houston Tollway
Houston, Texas 77042
Dear Ms. McCaslin:
This responds to your letter of April 1, 1991 requesting clarification of the National Traffic and Motor Vehicle Safety Act (the Act) and Federal regulations at 49 CFR Part 571 as they apply to 15 passenger vans used to transport students from Houston Independent Schools to an After School Program at your church.
I am pleased to have this opportunity to clarify the operation of Federal law as it applies to school buses. The National Highway Traffic Safety Administration (NHTSA) has used its authority under the Act to issue motor vehicle safety standards that apply to the manufacture and sale of various types of new motor vehicles. One type is the school bus. NHTSA defines "school bus" as a motor vehicle designed for carrying 11 or more persons, including a driver, and sold for purposes that include transporting students to and from "school or school-related events." Therefore, unless your program would be considered a "school or school-related event," your vehicles would not be considered "school buses" under Federal law. In order for NHTSA to determine if your program would be considered a "school or school-related event," you would need to provide us with further information about your program.
Under Federal law, the answer to the question of whether your buses are school buses bears on the legal obligations of the seller, but not those of the purchaser or user, of new school buses. It is a violation of Federal law for any person to sell any new vehicle that does not comply with all Federal school bus safety standards if that person is aware that the purchaser intends to use the vehicle as a school bus. However, it is not a violation of Federal law for the purchaser to buy or use a vehicle to transport school children that does not comply with all the Federal standards.
Under State, and common law, whether your buses complied with the Federal standards may have legal significance for you as a vehicle user. Since the individual States have authority over the use of vehicles, you must look to Texas law to determine if your After School Program may use noncomplying vans to transport school children. In addition, using noncomplying vans as a school bus could result in increased liability in the event of an accident. You might want to consult your attorney and insurance company to discuss this matter.
I hope you find this information helpful. If you have further questions, please contact Mary Versailles of my staff at this address or by telephone at (202) 366-2992.
Sincerely,
Paul Jackson Rice Chief Counsel
/ref:571.3 "school bus" d:5/29/9l