Interpretation ID: nht87-2.68

TYPE: INTERPRETATION-NHTSA

DATE: 08/11/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Mr. Troy C. Martin

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Troy C. Martin Specification/Inspections Chief Texas State Purchasing and General Services Commission P.O. BOX 13047 Capitol Building Austin, TX 78711-3047

Dear Mr. Martin:

This is in response to your letter of February 25, 1987, concerning the regulations applicable to buses used by State Schools to transport children to non-school related activities. You have asked us to address this question for each type of State School , some of which are not "schools" at all, and for public and private schools generally.

In beginning my answer, I want to stress the distinction between the State and Federal regulation of school buses. The question of what bus to use for a particular trip is a question of State regulation. Although there are federal guidelines for school b us use, these are not binding on the States and Hill not be discussed in this letter. The question of what bus nay be sold for transporting children is a matter of Federal regulation. It is this question that we can answer.

A "school bus" is defined by the National Traffic and Motor Vehicle Safety Act in terms of its anticipated use. A bus is thus a "school bus" if the Secretary of Transportation determines it is likely to be significantly used for the purpose of transporti ng primary, preprimary, or secondary school students to or from such schools or events related to such schools.

A person who sells a new bus that Hill be "significantly used" for the purposes listed in the school bus definition must ensure that the bus meets- the Federal motor vehicle safety standards applicable to school buses. Selling a nonconforming bus for sch ool bus use will subject the seller to a civil penalty of up to 000 for each vehicle and up to $800,000 for a related series of violations. The question of the bus's use is thus of considerable consequence both to the seller and to the buyer.

As you describe the State Schools in Texas, each type of School provides 24-hour residential care for children but offers a differing degree of educational service. One type is certified as a school district and provides instruction on campus, a second t ype is certified as a school district but offers no instruction, and a third is neither certified nor equipped for instruction. In purchasing a new bus for any of the three types of State School, you would need to ask the same question: Is the bus going to be "significantly used" to transport students to and from school or school-related events? If it will be used in this fashion, it will have to be certified as conforming to the school bus safety standards.

I can visualize circumstances under which a bus purchased for any of the three types of State School would have to be certified. The first type is a bona-fide school, so that any use of a bus to transport children to or from the School would be a trip "t o or from" school within the school bus definition of the Vehicle Safety Act. We expect that any new bus sold for use in this type of School would be certified as a school bus.

The second type of State School, though certified as a school district, offers no instruction. We would not consider either this type or the third type to be a "school," which we define as an institution for the instruction of children at the preprimary, primary, or secondary level. A new bus purchased for the use of one of these types of State School, and used for no other school transportation' would not have to be certified as a school bus. However, if the bus were to be purchased for the purpose of transporting children from the State School to local public or parochial schools on a regular basis, we would consider it to be "significantly used" for that purpose, even though it might also be used for other transportation unrelated to school.

A new bus sold for the use of a bona fide school, whether public or private, will almost invariably be required to be certified. Although a bus might conceivably be purchased by a school for the sole use of school employees, such a restriction would be r are. We would expect that virtually all buses purchased by a school would be required to be certified to the school bus standards.

Since the certified school bus has been shown to be the safest vehicle for children, we strongly endorse the use of a certified bus to transport children for any purpose, whether or not school-related. However, our regulatory authority extends only to th e manufacture and sale of new buses, not to their use for a particular trip. For those trips for which a school considers using a noncertified bus, we suggest that you review the Texas regulations on the use of school buses.

I hope this information is helpful. Please contact us if you have further questions.

Sincerely, Original Signed By Erika Z. Jones Chief Counsel

February 25, 1987 Ms. Erika Z. Jones, Chief Counsel Room 5219 National Highway traffic Safety Administration 400 7th Street NW Washington, D.C. 20590

Dear Ms. Jones:

He have in the State or Texas certain Institutions called State Schools which may or may not educate students on their campuses (but these Institutions have, responsibility for 24-hr care of the children living there). There arises questions concerning whether or not the vehicles used to transport ten or more or these children to non-school related activities must be certified as school buses. I understand that the transporting or school children to and from school and to and from school related events such as activity trips require vehicles certified as school buses if the vehicle is equipped with ten or more passenger seats. What is unclear to me is what is considered school-related. I would appreciate your answering the following questions so that we can advise these institutions about transporting children:

1. Is an Institution such as a State School required to use a vehicle which is certified as a school bus to carry ten or more passengers to events not related to the public school activities (such as shopping trips downtown to purchase clothing, etc., tr ips to the local parks and playgrounds for entertaining the children, out-of-town trips such as a trip to the State Capital, etc.), if

a) the Institution is certified by the State or Texas as a school district, they teach children on their campus, and in all ways are considered as a school.

b) the Institution is certified by the State of Texas as a school district, however, they do not teach students on campus (their students go to the local public schools).

c) the Institution is not certified by the State or Texas as a school district, they do not teach students on campus, and the children living there attend the local public school, however, the Institution is called a State School.

2. Is a bona fide school, either public or private, required to use certified school buses to transport students to and from activities not related to school activities? For example, if the city government (or Institutional leaders) decided it would be a good idea to take all (or some) of the school children in one city (or an Institution) to a zoo in a nearby city; and this event was not coordinated with school officials; and the school officials were not involved in the project? or, another example, t he Superintendent of a private school decides to transport all of their students to a church activity in a nearby city.

I suppose, that the answers to the above questions and others that crop up from time to time about transporting children, really lies in the definitions of two terms: schools and school related. I would appreciate it, if in your reply you would give the federal definition of these two terms, and expand on them by giving some examples of what is and what is not a school, school related, etc. It would be very helpful to us.

Sincerely yours, Troy C. Martin Specification/Inspections Chief cc: Mr. Tommy Crowe