Interpretation ID: aiam2819
Staff Engineer
Blue Bird Body Company
P.O. Box 937
Fort Valley
GA 31030;
Dear Mr. DuMond: This responds to your April 4, 1978, letter asking several question concerning the applicability of the Federal school bus safety standards to your vehicles.; First you ask whether a driver is considered a passenger fo computation of designated seating positions and whether he is included in the computation of vehicle capacity. The term 'passenger' is not used in the definition of designated seating position in Part 571.3 of our regulations. Designated seating position uses the term 'person' in its definition, and a driver is considered a person for both the computation of designated seating positions and vehicle capacity.; On a related point concerning designated seating positions, you as whether wheelchairs are considered designated seating positions or auxiliary seats. Wheelchair seating positions are not designated seating positions and, therefore, are not required to comply with standards that apply to designated seating positions. However, wheelchair positions are counted in determining vehicle seating capacity for the determination of the type classification of a vehicle.; In your second question, you ask what is the proper vehicl classification for a standard design school bus that carries fewer than 10 persons. This type of vehicle would be classified as a multipurpose passenger vehicle. As a multipurpose passenger vehicle, all fixed seating positions would be required to have seat belts. Wheelchair positions, since they are not designated seating positions, are not required to have seat belts.; In a question pertaining to the above-mentioned vehicle type, you as whether it can be classified as a school bus if it complies with all of the school bus safety standards. The answer to your question is no. This vehicle would be a multipurpose passenger vehicle. As a multipurpose passenger vehicle it must be certified in compliance with all of the standard applicable to that vehicle type. You are not prohibited from marking the vehicle as a school bus, however, with school bus paint, lighting, and lettering. Such markings do not change the vehicle type from multipurpose passenger vehicle to school bus.; Sincerely, Joseph J. Levin, Jr., Chief Counsel