Interpretation ID: 77-2.49

TYPE: INTERPRETATION-NHTSA

DATE: 06/09/77

FROM: AUTHOR UNAVAILABLE; Joseph J. Levin Jr.; NHTSA

TO: Coach & Equipment Sales Corp.

TITLE: FMVSR INTERPRETATION

TEXT: This responds to your May 6, 1977, letter asking what standards apply to vehicles designed to transport fewer than 10 passengers to or from school.

Vehicles that transport fewer than 10 passengers to or from school are not considered buses according to the National Highway Traffic Safety Administration's (NHTSA) definition of "bus" found in 49 CFR Part 571.3. Accordingly, these vehicles transporting fewer than 10 passengers would not need to comply standards applicable to either school buses or buses in general. The vehicles to which you refer would be required to comply with standards applicable to passenger cars or multipurpose passenger vehicles depending upon the type of vehicle being used to transport children. Your should consult Part 571.3 (enclosed) of our regulations to determine the classification of the vehicle you intend to construct since the vehicle classification establishes the applicability of the standards.

SINCERELY,

Coach & Equipment Sales Corporation

May 6, 1977

Frank Berndt Acting Chief Counsel United States Department of Transportation National Highway Traffic Safety Administration

I first want to thank you very much for your response to my questions pertaining to Standard No. 222, School Bus Passenger Seating and Crash Protection.

My question today involves, I believe, proper certification, identification and standards compliance. I hope I am correct in the above description of the question as offered herein.

It is our belief that by terms of Federal definition, "a bus" incorporated 10 passengers or more, exclusive of the driver. "A school bus" is subject to the above passenger load and is further defined as a bus that is sold, or introduced in interstate commerce, for purposes, that include carrying students to and from school or related events, but not include a bus designed and sold for operation as a common carrier in urban transportation. If the above facts are correct, then my question is as follows.

What certification, and thus, what Federal Motor Vehicle Safety Standards will apply to a vehicle designed primarily and used exclusively to transport students to and from school or related events, which has a passenger load of less than 10?

I am, of course, referring to a vehicle that transports primarily handicapped students Sample floor plans depicting wheelchair locking positions and some seat positions are enclosed. As you can readily see, both floor plans have less than 10 passengers.

We will certainly appreciate your answer to the questions presented and if you desire any additional details, please do not hesitate to call upon us.

RICHARD L. KREUTZIGER Executive Vice President