Interpretation ID: aiam2719
Kentucky Department of Education
Frankfurt
KY 40601;
Dear Mr. Jones: This responds to your oral request to Roger Tilton of my staf concerning the applicability of the new Federal school bus safety standards to vans transporting 10 or more school children to or from school or related events.; The National Highway Traffic Safety Administration (NHTSA) promulgate safety standards applicable to all school buses. School bus is defined in Part 571.3 of our regulations (Volume 49 of the Code of Federal Regulations, Part 571.3) to mean a bus sold or introduced in interstate commerce for purposes that include carrying students to and from school or related events. In turn, bus is defined as 'a motor vehicle with motive power, except a trailer, designed for carrying more than 10 persons.' More than 10 person means 10 passengers or more plus a driver. Accordingly, any vehicle sold or introduced in interstate commerce to transport school children which carries 10 or more passengers to or from school or related events must comply with all of the new Federal school bus requirements. This includes vans which fall within that passenger capacity.; Sincerely, Joseph J. Levin, Jr., Chief Counsel