Interpretation ID: nht91-6.19

DATE: October 10, 1991

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Nikki G. Setzler -- Setzler, Chewning & Scott, P.A.

TITLE: None

ATTACHMT: Attached to letter dated 9-6-91 from Nikki G. Setzler to Ronald E. Ingle (OCC 6476)

TEXT:

This responds to your letter of September 6, 1991 to Mr. Ronald Engle which was forwarded to our office for response. Your letter asks whether it is a violation of Federal law for a school district to use "two vans that it purchased used after 1977" to transport school children. "(B)oth vans are built to carry more than 11 passengers."

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 the authority under the National Traffic and Motor Vehicle Safety Act (the Act) to issue motor vehicle safety standards that apply to the manufacture and sale of new motor vehicles, including new school buses. NHTSA defines "school bus" as a motor vehicle designed for carrying 11 or more persons, including a driver, and sold for transporting students to and from school or school-related events.

NHTSA has issued Federal motor vehicle safety standards applicable to all new school buses. It is a violation of Federal law for any person to sell any new vehicle that does not comply with all school bus safety standards if they are aware that the purchaser intends to use the vehicle as a school bus. It is not a violation of Federal law to sell any used vehicle that does not comply with all school bus safety standards, even if the seller is aware that the purchaser intends to use the vehicle as a school bus. It is also not a violation of Federal law to use a vehicle to transport school children that does not comply will all school bus safety standards. Individual States, not the Federal government, have authority over the use of vehicles. Therefore, to determine if the school district you represent may use noncomplying vans to transport school children, you must look to state law. You may also wish to consult state law concerning liability, because using a noncomplying van as a school bus could result in increased liability in the event of an accident.

NHTSA also has the authority under the Highway Safety Act of 1966 to issue guidelines for the states to use in developing their highway safety programs. Under this authority NHTSA has issued Highway Safety Program Guideline 17, Pupil Transportation Safety, which contains recommendations to the States on various operational aspects of their school bus and pupil transportation safety programs. Guideline 17 recommends that any vehicle designed for carrying more than 10 persons which is used as a school bus comply with all safety standards applicable to school buses at the time the vehicle was manufactured. A copy of the recent Federal Register notice updating Guideline 17 is enclosed for your information.

I must emphasize NHTSA's position that a vehicle meeting Federal school bus regulations is the safest way to transport students. I encourage the

school district you represent to give its most careful consideration to the possible consequences of transporting students in vehicles that do not comply with these regulations.

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.