Interpretation ID: nht87-1.34

TYPE: INTERPRETATION-NHTSA

DATE: 02/20/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Senator Strom Thurmond

TITLE: FMVSS INTERPRETATION

ATTACHMT: 3/22/79 letter from Frank Berndt to Sterling Troxel; 10/5/78 letter from Joseph J. Levin to Charles B. Honeycutt; 12/29/77 letter from Joseph J. Levin to Kentucky Dept. of Education; 3/20/78 letter from J.J. Levin, Jr., to Nebraska Dept. of Mot or Vehicles

TEXT:

Dear Senator Thurmond:

Thank you for your December 8, 1986, letter enclosing correspondence from your constituent, Mr. Roy H. Herron of the Anderson County School District No. 3 in Iva, concerning our school bus regulations. Your letter has been referred to my office for reply , since the National Highway Traffic Safety Administration (NHTSA) is responsible for administering Federal programs relating to school bus safety.

In his letters to you' Mr. Herron expressed his concern with Federal laws Which he believes prohibit the school district from using 15-passenger vans manufactured on or after April 1, 1977, that do not meet Federal school bus standards. be argues that th ere is a need for school districts to use 15-passenger vans and suggests that we amend our regulations to permit their use.

I appreciate this opportunity to clarify our regulations for school buses. As explained below, the Federal requirements apply only to the manufacture and sale of new school buses, not to the operation of school buses after they have been purchased. Thus, there is no Federal law that prohibits the Anderson County School District from using their 15-passenger vans to carry school children. Federal law does, however, affect the manufacture of the vans and their sale to school districts.

I believe it might be helpful to begin with some background information on our school bus regulations. NHTSA has the authority, under the National Traffic and Motor Vehicle Safety Act, to regulate the manufacture and sale of new motor vehicles. In 1974, Congress enacted the School bus and Motor Vehicle Safety Amendments which directed NHTSA to issue motor vehicle safety standards on specific aspects of school bus safety and apply those standards to all vehicles designed to carry more than 10 passengers and likely to be significantly used for student transportation. The school bus standards we issued became effective April 1, 1977, and apply to each new school bus manufactured on or after that date. School buses manufactured prior to the effective date of the safety standards were not required to be designed and built in compliance with those standards.

Under the Vehicle Safety Act, manufacturers of school buses must ensure that their new vehicles meet all Federal safety standards applicable to buses and also those specifically applicable to school buses. The Safety Act also requires each person selling a new "school bus" to ensure that the bus complies with our school bus safety standards or be potentially subject to fines under Federal law. We define a "school bus" as a motor vehicle designed for 11 or more persons (driver included) and intended for transporting students to and from school or related events. Since new 15-passenger vans that are sold to the Anderson County School Districts are considered "school buses" under Federal law, persons selling such vans must ensure that the vans conform to Federal school bus safety standards.

Mr. Herron suggests that the definition of a school bus be amended to provide that passenger capacity be extended to 15 passengers. NHTSA's definition of a school bus necessarily follows the statutory definition of that term. Without a change by Congress in the statutory definition, our definition must remain as it is.

Your constituent argues in his letter to you that 15-passenger vans should be safe enough for school children since they are safe for other passengers. The legislative history of the School bus amendments of 1974 indicate that Congress believed that spec ial measures should be taken to protect school children who use school bus transportation. Fifteen-passenger vans (i.e., buses) meeting our school bus safety standards provide more safety features than other buses. School buses must meet stringent perfor mance requirements, including those for interior protection, fuel systems, emergency exits, windows and windshields and seating systems.

New 15-passenger vans, conforming to our school bus standards, may be sold to the Anderson County School Districts to transport its pupils to school related events. The school districts may also purchase 9-passenger vans for school transportation, becaus e such vans are considered "multipurpose passenger vehicles"' (MPV's) and not "school buses" under Federal law. We do not prohibit the sale of new MPV's to carry school children nor do we require then to comply with Federal school bus safety standards. I nstead, they must meet the performance requirements set by the safety standards for MPV's, which also provide high levels of passenger safety.

I hope this information is helpful. Please contact my office if we can be of further assistance.

Sincerely,

Erika Z. Jones Chief Counsel

December 8, 1986 Mr. David Sloane, Director Congressional Affairs Department of Transportation Suite 10406, 400 Seventh Streets S. W. Washington, D.C. 20590

Dear Mr. Sloan:

I have enclosed for your review communication from Mr. Roy H. Herron regarding the regulations pertaining to the transporting of students to and from school.

It is my understanding that your regulations allow schools to use vans that Here manufactured on or before April 1, 1977 that do not comply with school bus safety standards, but the schools are not allowed to use new vans unless they comply with all the school bus safety standards.

I would appreciate your explaining these regulations and giving me an up to date status report of this case.

With kindest regards and Greetings of the Season,

Sincerely,

Strom Thurmond

ST/hk Enclosure

November 25, 1986

The Honorable Strom Thurmond The United States Senate Washington, D. C.

Attention Mr. Jeff Kull

Dear Sir:

This letter is follow-up to our conversation this date concerning the use of vans to transport school students to related events.

The more we read into this problem it appears that the Department of Transportation is concerned only with vehicles introduced into the transportation system.

The attached letter, dated March 22, 1979, from then Acting Chief Counsel Frank Berndt to Mr. Sterling Troxel states in paragraph three that "the National Highway Traffic Safety Administration does not regulate the sale or use of used vehicles. Therefore , there would be no Federal penalty upon a person selling such a used vehicle for school use."

This whole set of regulation is arbitrary. Under current regulations a church group can transport our school students on Saturday and/or Sunday in the same type vehicle we use and be legal.

Your assistance in getting this regulation changed or waived so that school districts can use vans designed to carry 15 passengers or less, including driver, will be appreciated.

Sincerely,

Roy H. Herron Superintendent

encls.

The Honorable Strom Thurmond United States Senator Senate Office Building Washington, D. C. 20515

Dear Senator Thurmond:

The purpose of this letter is to ask for your assistance. We have recently been made aware of Department of Transportation regulations (attached) that prohibit the use of vehicles designed to trans- port more than 10 passengers, that were manufactured af ter 1977, for the purpose of transporting school students unless the vehicle meets school bus specifications.

This school district and the vast majority of other districts in South Carolina use vans for transporting cheerleaders, small athletic teams, students on field trips and other academic related activities.

This regulation does not seem to be well thoughtout. Either a vehicle is safe to carry passengers or it is not; whether they be school children or adults. A van with its higher gross vehicle weight and seats installed higher than most other traffic is mu ch safer than a station wagon or automobile.

The impact of complying with this regulation is substantial. To replace our two vans with minibuses will cost our district $60,000 plus increased operating expenses. We are a small district, therefore, the impact on larger districts is even greater.

We have operated vans for many years with a perfect safety record. They serve a need most effectively and efficiently.

A remedy that will aid all school districts in South Carolina is for DOT to amend its regulation so that vehicles designed to carry 15 passengers or less be exempt from school bus standards. This change will not contribute to reduced safety for our stude nts.

Your assistance in this matter is most appreciated.

Sincerely,

Roy H. Herroxn Superintendent

(See letters from NHTSA to Sterling Troxel, Charles B. Honeycutt, Nebraska Dept. of Motor Vehicles and Kentucky Dept. of Education)