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Interpretation ID: ES05-007900drn

    The Honorable J. Randy Forbes
    Member, U.S. House of Representatives
    2903 Boulevard, Suite 8
    Colonial Beach, VA 23834


    Dear Congressman Forbes:

    Thank you for your inquiry on behalf of your constituent, Mr. Chris Thompson of Richmond, who asks about our school bus regulations.

    Mr. Thompson is the director of administrative support services for Jackson-Feild Homes (Jackson-Feild), a residential group home. Jackson-Feild is preparing to purchase a 12-passenger van. The motor vehicle dealership asks that Mr. Thompson provide a statement that Jackson-Feild is "purchasing this vehicle in compliance with Federal Regulations".

    Mr. Thompson describes his facility as follows:

    Jackson-Feild Homes is a residential group home for abused adolescent females ages 11 to 17 and their babies. Many of our residents exhibit behavioral problems because of previous abuse and neglect. Jackson-Feild Homes operates 4 cottages (units). The units are designed to assist the girls with management of their behaviors through a well established behavioral management program which utilizes a points and level system in order to set limits and maintain structure. The girls also receive therapy services on site. The girls live on campus, eat in our cafeteria, and go to Gwaltney School which is located on our campus. Our girls walk to school from their dormitories. We do not transport day students to the school. In order to attend our school, the child must live on campus. Gwaltney School is a fully accredited private school licensed by the [Virginia] Department of Education.

    We currently operate Windstar type vans (7 passenger), a Ford Taurus (5 passenger) and several 12 and 15 passenger Ford Vans. We use these vehicles to transport residents to doctors appointments, the movies, skating, etc. Each living unit is assigned a vehicle. Each living unit houses between 10 and 14 residents. We also

    have transportation staff which assist the unit staff in transporting residents. Our school also takes an occasional field trip and we use the previously stated vehicles to transport our residents to the field trips. The school conducts an average of 4 field trips a year. These field trips are the only trips associated with the school. All other transports are related to unit (dormitory) activities.

    Discussion

    By way of background, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue and enforce Federal motor vehicle safety standards (FMVSSs) applicable to new motor vehicles. Our statute at 49 U.S.C. 30112 requires any person selling a new vehicle to sell a vehicle that meets all applicable FMVSSs. Accordingly, persons selling a new "school bus" must sell a vehicle that meets the FMVSSs applying to school buses. Our statute defines a "school bus" as any vehicle that is designed to carry 11 or more persons and which is likely to be "used significantly" to transport "preprimary, primary, and secondary" students to or from school or related events.

    Over the years, we have been asked to interpret how our school bus regulations apply to vehicles sold to residential treatment facilities (see a July 15, 1999, letter to Ms. Sharon Elsenbeck and an April 8, 1998, letter to Mr. Gary Hammontree, copies enclosed). However, unlike the Jackson-Feild Homes, these facilities did not have a school as part of their facility.

    Federal law has been revised since the letters to Mr. Hammontree and Ms. Elsenbeck. On August 10, 2005, P.L. 109-59, the "Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users" (SAFETEA-LU) was enacted. Section 10309 states in part:

    a school or school system may not purchase or lease a new 15-passenger van if it will be used significantly by, or on behalf of, the school or school system to transport preprimary, primary, or secondary school students to or from school or an event related to school, unless the 15-passenger van complies with the motor vehicle standards prescribed for school buses and multifunction school activity buses under this title.

    For purposes of Section 10309, 15-passenger van is defined as:"a vehicle that seats 10 to 14 passengers, not including the driver". The civil penalty for a violation of Section 10309 is $10,000, with a maximum penalty of $15,000,000 for a related series of violations.

    The relationship between Jackson-Feild and Gwaltney school is unclear to us. We cannot determine, based on Mr. Thompsons information in his letter, that Jackson-Feild is a separate entity from the Gwaltney School. Because of this possible exposure to the new statutory civil penalty provision for purchases of new "15-passenger vans" (which, by definition, includes purchases of 12-passenger vans), we recommend that Mr. Thompson consult a private attorney about the implications associated with Jackson-Feilds purchase of a van that did not meet the school bus safety standards if the facility were subsequently deemed to be a "school".

    Before Mr. Thompson makes a decision about buying a vehicle, we wish to emphasize that school buses are one of the safest forms of transportation in this country. We therefore strongly recommend that all buses that are used to transport school children be certified as meeting NHTSAs school bus safety standards. NHTSA created a vehicle type, the multi-function school activity bus (MFSAB), for situations similar to that of Mr. Thompson. A MFSAB is a bus that is certified as meeting the school bus standards and therefore provides a comparable level of crash-worthiness safety as does a school bus. The main difference between MFSABs and school buses is that MFSABs do not have traffic control features such as the school bus stop arm and the rear flashing lamps.

    We note also that State law determines the requirements that apply to the use of school vehicles. Thus, whether Jackson-Feild can use vans to transport the children is determined by Virginia law. For information on Virginias requirements, Mr. Thompson may contact Virginias State Director of Pupil Transportation:

    June Eanes
    Associate Director, Pupil Transportation
    Virginia Department of Education
    P.O. Box 2120
    Richmond, VA 23218-2120
    Phone: 804-225-2037
    e-mail:jeanes@mail.vak12ed.edu

    If you have any further questions about NHTSAs programs please feel free to have your staff contact Dorothy Nakama, Attorney-Advisor, or me at this address, or at (202) 366-2992.

    Sincerely,

    Stephen P. Wood
    Acting Chief Counsel

    Enclosures
    cc: Washington Office
    ref:VSA#571.3
    d.11/4/05