Interpretation ID: nht87-2.53

TYPE: INTERPRETATION-NHTSA

DATE: 07/15/87

FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA

TO: The Honorable Bill Goodling

TITLE: FMVSS INTERPRETATION

TEXT:

July 15, 1985 The Honorable Bill Goodling 2263 Rayburn House Office Building Washington, D.C. 20515 Dear Mr. Goodling: Thank you for your letter on behalf of your constituent, Mr. Andy Witten of Biglerville, Pennsylvania, concerning our regulations for school buses. Your letter has been referred to my office for reply. Mr. Witten believes that Federal law prohibits schoo ls from carrying more than 9 students in a van. He suggested that the law should be changed to allow schools to use the full capacity of 15-passenger vans. I appreciate this opportunity to clarify our regulations for school buses. As explained below, there is no Federal law prohibiting schools from transporting 15 school children in a 15-passenger van. Federal law does, however, affect the sale of buses to schools. The National Highway Traffic Safety Administration (NHTSA) has the authority, under the National Traffic and Motor Vehicle Safety Act of 1966, to regulate the manufacture and sale of new motor vehicles, including school buses. Congress amended t he Vehicle Safety Act in 1974 to direct NHTSA to issue motor vehicle safety standards on specific aspects of school bus safety, such as emergency exits, seating systems, windows and windshields, and fuel systems. The standards we issued became effective April 1, 1977, and apply to each school bus manufactured on or after that date. The Vehicle Safety Act requires any person selling a new "school bus" to ensure that the vehicle complies with our school bus safety standards. Under Federal law, a "school b us" is defined as a motor vehicle designed for 11 or more persons and intended for transporting students to and from school or related events. Thus, a 10- or 15-passenger van is considered a school bus if intended for school purposes, and our school bus safety standards apply to those vehicles as well as to larger school buses. If any new school bus does not meet those standards, the seller may be required under the Vehicle Safety Act to recall the vehicle and to pay civil penalties. The Federal requir ements apply only to the manufacture and sale of school buses, not to their operation. State law determines the requirements which vehicles must meet in order to be licensed for use as school buses. School vehicles that are within Pennsylvania's definiti on of a "school bus" are subject to the State's requirements for school buses. We are aware that Pennsylvania has recently amended its definition of a "school bus" by extending it to vehicles with a capacity of 10 passengers and a driver. Previously, tho se vehicles were excluded from the definition. Pennsylvania now requires those previously-excluded vehicles to comply with the State's school bus regulations in order to be used as school buses in that State. The nature of the State's regulations for school bus use is a matter left to Pennsylvania. Our agency has issued recommendations for state highway safety programs regarding the use of school buses in Highway Safety Program Standard No. 17, Pupil Transpor tation Safety (copy enclosed), which Pennsylvania may choose to adopt. Program Standard No. 17 is part of a series of program standards covering various aspects of highway safety which were issued by NHTSA under the authority of the Highway Safety Act of 1966. Pennsylvania may have decided that our recommendations should be made part of the state's comprehensive regulations for school bus usage. Again, however, operating requirements which school buses must meet are determined by State officials. I hope this information is helpful. Please feel free to contact me if you have any further questions. Sincerely, Original Signed By Jeffrey R. Miller Chief Counsel Enclosures: Constituent's correspondence, HSPS No. 17