Interpretation ID: 21594.drn
The Honorable John E. Baldacci
Member, United States House
of Representatives
445 Main Street
Presque Isle, ME 04769
Dear Congressman Baldacci:
Thank you for your letter to the National Highway Traffic Safety Administration (NHTSA), on behalf of your constituent, Mr. David W. Keaton of Frenchville. Mr. Keaton, Director of the St. John Valley Technology Center, needs transportation for high school students who are participating in work-study programs at locations off the school campus. The students are transported by school bus from their high schools to the Center. Mr. Keaton is concerned about being able to provide transportation for students to go from the Center to various work sites. Because Maine's school transportation funds are limited, Mr. Keaton seeks to provide transportation by vans carrying 11 or more persons (including the driver) rather than by school bus. Mr. Keaton therefore seeks your assistance in:
- Allowing public school systems to operate any van without bus markings.
- Encouraging, through financial assistance, states to enable local educational units to use vans when transporting small numbers of students.
- Simplifying the school student transportation regulations to allow the transportation of school students in vans during the day.
At the outset, let me note that there is no federal regulation or statute that regulates how children must be transported. Requirements regulating how persons must be transported are determined by state law. However, NHTSA regulates which new buses dealers may sell or lease if the bus is used to regularly transport school children to or from school or school-related activities.
Some background information may be helpful. NHTSA is authorized to issue and enforce Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles. Our statute at 49 U.S.C. 30112 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 "schoolbus" as any vehicle that is designed for carrying a driver and more than 10 passengers and which, NHTSA decides, 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. By regulation, the capacity threshold for school buses corresponds to that of buses -- vehicles designed for carrying more than ten (10) persons. For example, a 15-person van that is likely to be used significantly to transport students is a "school bus." Persons selling or leasing new 15-person vans for such use must sell or lease a van that meets our school bus standards.
It is my understanding that the high school students under Mr. Keaton's charge receive credits towards high school diplomas for participating in the work projects. Under these circumstances, we would consider the real-life work that students perform to be "school," and the transportation provided to the work site as school-related transportation. Therefore, when the students are being transported to the work sites in buses, we would recommend that they be provided school bus transportation.
Federal law also requires that any dealer that sells a new bus to the St. John Valley Technology Center that will significantly be used to take high school students to work sites, must sell a bus that meets NHTSA's school bus standards. Federal law supersedes any contrary state law that presumes to permit dealers to sell new non-school buses that will significantly be used to transport students to or from school or school-related activities. (See 49 U.S.C. 30103(b), Preemption.)
Because our laws apply only to the manufacture and sale of new motor vehicles, we do not prohibit schools from using large vans to transport school children, even when the vehicles do not meet Federal school bus safety standards. However, each State has the authority to set its own standards regarding the use of motor vehicles, including school buses. For this reason, if Mr. Keaton wishes to change regulations or procedures for the use of Maine school vehicles, he must look to Maine state law. One person Mr. Keaton should consult is Maine's State Director of Pupil Transportation, Mr. Harvey Boatman, who can be reached at (207) 287-5321.
Mr. Keaton's first point is that public school systems should be permitted to operate any van without bus markings. Bus marking requirements are addressed by state law. Mr. Keaton's second point (encouraging, through financial assistance, states to enable local educational units to use vans when transporting small numbers of students) and third point (simplifying the school student transportation regulations to allow the transportation of school students in vans during the day) also ask for changes in state vehicle use requirements, and must therefore be reviewed by Maine state officials. However, 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. In addition, using 15-person vans that do not meet NHTSA's school bus standards to transport students could result in liability in the event of a crash.
I hope this information is helpful. If you have any further questions, please contact Mr. John Womack, Senior Assistant Chief Counsel, at (202) 366-9511.
Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:571.3#VSA
d.6/5/00