Interpretation ID: 17319.drn

Ms. Mitzi Freeman
Associate Director of Finance
Shelton School and Evaluation Center
5002 West Lovers Lane
Dallas, TX 75209

Dear Ms. Freeman:

This responds to your letter asking for information about the use of 15-passenger vans to transport school children. As explained below, the National Highway Traffic Safety Administration (NHTSA) regulates the manufacture and sale of new 15-passenger vans. Under our requirements, any new 15-passenger van sold or leased on a long-term basis for pupil transportation must be certified as meeting our school bus standards. If you already own a 15-passenger van and are concerned about whether you are permitted to use it to transport students, you should contact State officials, because the use of motor vehicles is regulated by the States.

By way of background, NHTSA is authorized to issue and enforce Federal motor vehicle safety standards applicable to new motor vehicles. Our statute at 49 U.S.C. 30112 (copy enclosed) 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 11 or more persons and which is likely to be "used significantly" to transport "preprimary, primary, and secondary" students to or from school or related events. 49 U.S.C. 30125 (copy enclosed). Therefore, a 15-passenger van that is likely to be used significantly to transport students is a "school bus."

If the new 15-passenger van is sold or leased to transport pupils (e.g., leased on a regular or long-term basis to a school), the vehicle must meet NHTSA's school bus standards. New 15-passenger vans are not certified as doing so, and thus cannot be sold or leased to carry students on a regular basis.

However, a one-time or very occasional rental would be permitted. Because such use would not constitute "significant use" as a school vehicle, the van would not be a "school bus" and thus may be leased to the school for the special event.

The requirement to sell or lease complying school buses applies only to new vehicles. If a school wishes to buy a used 15-passenger van or enter into a long-term lease of such a vehicle, NHTSA would not require the seller or lessor to sell or lease a school bus.

Please note that Federal law and NHTSA's safety standards directly regulate only the manufacture and sale of new motor vehicles, not their use. Each State is free to impose its own standards regarding use of motor vehicles, including school buses. For information on Texas' requirements on transportation of school children, please contact Texas' State Director of Pupil Transportation:

Mr. Dixon's telephone number is: (512) 463-9233.

In closing, we wish to emphasize that school buses are one of the safest forms of transportation in this country, and that we therefore strongly recommend that all buses that are used to transport school children be certified as meeting NHTSA's school bus safety standards. Further, using 15-passenger vans that do not meet the school bus standards to transport students could result in increased liability in the event of a crash. Since such liability would be determined by State law, you may wish to consult with your attorney and insurance carrier for advice on this issue.

I hope this information is helpful. Besides the copies of statutory citations noted above, I have enclosed a question-and-answer sheet on "Frequently Asked Questions about Federal School Bus Safety Requirements," and a copy of Highway Safety Program Guideline No. 17, Pupil Transportation Safety. If you have any further questions, please feel free to contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992.

Sincerely,
John Womack
Acting Chief Counsel
Enclosures
ref:VSA#571.3
d.4/9/98