Interpretation ID: 7738-2
Head of School
The Trinity School of Texas
906 Padon Street
Longview, Texas 75601
Dear Ms. Wall:
This responds to your letter to the Department of Transportation seeking a copy of the federal law regulating student transportation in general, and as it specifically relates to multiple passenger vans. I assume that your use of the term multiple passenger vans refers to vans with seats to the rear of the driver.
I am pleased to have this opportunity to clarify Federal law as it relates to school buses. By way of background information, NHTSA has the authority under the National Traffic and Motor Vehicle Safety Act to issue motor vehicle safety standards that apply to the manufacture and sale of new motor vehicles, in order to reduce the number of fatalities and injuries that result from motor vehicle crashes.
Under NHTSA's regulations, passenger vans are generally classified as either multipurpose passenger vehicles (MPV's) or buses. The MPV category includes passenger vans which carry ten persons or less; passenger vans which carry more than ten persons are buses. Under the agency's definitions, a "school bus" is a type of bus sold for transporting students to and from school or school-related events.
All MPV's and buses are required to meet Federal motor vehicle safety standards. However, in the legislative history of the School Bus Safety Amendments of 1974, Congress stated that school transportation should be held to the highest level of safety. Accordingly, NHTSA has issued special Federal motor vehicle safety standards applicable to all new school buses.
Like all safety standards, NHTSA's school bus standards impose obligations on the manufacturers and sellers of new motor vehicles, not upon the subsequent users of these vehicles. 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 the vehicle capacity is more than 10 persons, and if the seller is aware that the purchaser intends to use the vehicle as a school bus. On the other hand, without violating any provision of Federal law, a school may use a vehicle which does not comply with Federal school bus regulations to transport school children. This is so because the individual States, not the Federal government, have authority over the use of vehicles.
However, I would like to call your attention to a guideline that NHTSA has issued under the authority of the Highway Safety Act of 1966. That Act authorizes the agency to issue guidelines for states to use in developing their highway safety programs. NHTSA issued Highway Safety Program Guideline 17, Pupil Transportation Safety, to provide 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 ten 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 Guideline 17 is enclosed.
In conclusion, it is not a violation of Federal law for your school to use vans for transportation of school children; however, use of these vehicles may be restricted by Texas law. I must emphasize NHTSA's position that a vehicle meeting Federal school bus regulations is the safest way to transport students. I strongly recommend that you give your most careful consideration to the possible consequences of transporting school children in vehicles that do not comply with those standards.
I hope this information will be helpful to you. If you have any further questions regarding this matter, please feel free to contact Walter Myers of this office at this address or by telephone at (202) 366-2992.
Sincerely,
Paul Jackson Rice Chief Counsel
Enclosure
Ref: #571 d:11/3/92