Interpretation ID: aiam4367
Specification/Inspections Chief
Texas State Purchasing and General Services Commission
P.O. Box 13047 Capitol Building
Austin
TX 78711-3047;
Dear Mr. Martin: This is in response to your letter of February 25, 1987, concerning th regulations applicable to buses used by State Schools to transport children to non-school related activities. You have asked us to address this question for each type of State School, some of which are not 'schools' at all, and for public and private schools generally.; In beginning my answer, I want to stress the distinction between th State and Federal regulation of school buses. The question of what bus to use for a particular trip is a question of State regulation. Although there are Federal guidelines for school bus use, these are not binding on the States and will not be discussed in this letter. The question of what bus may be sold for transporting children is a matter of Federal regulation. It is this question that we can answer.; A 'school bus' is defined by the National Traffic and Motor Vehicl Safety Act in terms of its *anticipated* use. A bus is thus a 'school bus if the Secretary of Transportation determines it is; >>>likely to be significantly used for the purpose of transportin primary, preprimary or secondary school students to or from schools or events related to such schools.<<<; A person who sells a new bus that will be 'significantly used' for th purposes listed in the school bus definition must ensure that the bus meets the Federal motor vehicle safety standards applicable to school buses. Selling a nonconforming bus for school bus use will subject the seller to a civil penalty of up to $1000 for each vehicle and up to $800,000 for a related series of violations. The question of the bus's use is thus of considerable consequence both to the seller and to the buyer.; As you describe the State Schools in Texas, each type of Schoo provides 24-hour residential care for children but offers a differing degree of educational service. One type is certified as a school district and provides instruction on campus, a second type is certified as a school district but offers no instruction, and a third is neither classified nor equipped for instruction. In purchasing a new bus for any of the three types of State School, you would need to ask the same question: Is the bus going to be 'significantly used' to transport students to and from school or school-related events? If it will be used in this fashion, it will have to be certified as conforming to the school bus safety standards.; I can visualize circumstances under which a bus purchased for any o the three types of State School would have to be certified. The first type is a bona-fide school, so that any use of a bus to transport children to or from the School would be a trip 'to or from' school within the school bus definition of the Vehicle Safety Act. We expect that any new bus sold for use in this type of School would be certified as a school bus.; The second type of State School, though certified as a school district offers no instruction. We would not consider either this type or the third type to be a 'school,' which we define as an institution for the instruction of children at the preprimary, primary, or secondary level. A new bus purchased for the use of one of these types of State Schools, and used for no other school transportation, would not have to be certified as a school bus. However, if the bus were to be purchased for the purpose of transporting children from the State School to local public or parochial schools on a regular basis, we would consider it to be 'significantly used' for that purpose, even though it might also be used for other transportation unrelated to school.; A new bus sold for the use of a bona fide school, whether public o private, will almost invariably be required to be certified. Although a bus might conceivably be purchased by a school for the sole use of school employees, such a restriction would be rare. We would expect that virtually all buses purchased by a school would be required to be certified to the school bus standards.; Since the certified school bus has been shown to be the safest vehicl for children, we strongly endorse the use of a certified bus to transport children for any purpose, whether or not school-related. However, our regulatory authority extends only to the manufacture and sale of new buses, not to their use for a particular trip. For those trips for which a school considers using a noncertified bus, we suggest that you review the Texas regulations on the use of school buses.; I hope this information is helpful. Please contact us if you hav further questions.; Sincerely, Erika Z. Jones, Chief Counsel