Interpretation ID: nht76-5.19

DATE: 12/13/76

FROM: R. L. CARTER FOR JOHN W. SNOW -- NHTSA

TO: Department of Education; New Jersey

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of September 9, 1976, requesting information on the legal aspects of the change in the definition of "school bus."

Effective April 1, 1977, the definition of "school bus" in Title 49 of the Code of Federal Regulations (49 CFR @ 571.3) will read as follows:

"School bus" means a bus that is sold or introduced in interstate commerce, for purposes that include carrying students to and from school or related events, but does not include a bus designed and sold for operation as a common carrier in urban transportation.

The definition of "bus" will continue to read as follows:

"Bus" means a motor vehicle with motive power, except a trailer, designed for carrying more than 10 persons.

The new definition of school bus will include many of the van-type vehicles that are classified as Type II school vehicles under Highway Safety Program Standard No. 17. If a Type II van is designed to carry more than 10 persons, and it it is sold for purposes that include "carrying students to and from school or related events," it will have to be sold with all the equipment specified for school buses by the Federal Motor Vehicle Safety Standards. It will therefore have to have school bus lights as specified by the standard on lighting (49 CFR @ 571.108).

Our experience with the comparative accident patterns of Type I and Type II buses does not justify the use of different lighting systems for the two types. In view of Congress's expressed desire to have the school bus standards uniformly applicable to buses of all sizes, we consider it appropriate to apply the lighting standard to all school buses.

We understand your concern with the effects that the newly applicable requirements will have on your purchase of Type II vans. However, we are persuaded that the requirements are reasonable and that they will protect school children.

If we can be of further assistance, please let us know.