Interpretation ID: nht87-1.49
TYPE: INTERPRETATION-NHTSA
DATE: 03/17/87
FROM: AUTHOR UNAVAILABLE; SIGNATURE UNAVAILABLE; NHTSA
TO: Mr. Floyd D. Spence
TITLE: FMVSS INTERPRETATION
TEXT:
Dear Mr. Spence:
Thank you for your letter enclosing correspondence from your constituent, Mr. George Seaborn or the South Carolina Association of School Superintendents, concerning Federal regulations for school buses. Your letter has been referred to my office for repl y, since the National Highway Traffic Safety Administration is responsible for administering Federal programs relating to school bus safety.
In his letter to you, Mr. Seaborn expresses his concern about a Federal regulation that "excludes the use of vans capable of transporting more than 10 persons from use by schools." Mr . Seaborn explains that it would be difficult for school districts to comply with a restriction on van use since large vans are extensively used for pupil transportation. He believes that schools should be permitted to use vans since those vehicles are safe for transporting passengers other than school children.
I appreciate this opportunity to clarify our school bus regulations. As explained below, there is no Federal prohibition directed against schools or school districts which prevents them from using vans carrying 11 or more persons. Federal law does, howev er, affect the sale of buses to schools. 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 Schoolbus and Motor Vehicle Safety Amendm ents to direct NHTSA to issue motor vehicle safety standards on specific aspects of school bus safety aid apply those standards to all "school buses." The school bus standards we issued became effective April 1, 1977, and apply to each school bus manufac tured on or after that date.
The parties subject to the Vehicle Safety Act are the manufacturers and sellers of new school buses. The Vehicle Safety Act requires each person selling a new "school bus" to ensure that the bus complies with our school bus safety standards. Under Federa l law, a van designed for 11 or more persons (driver included) is a "bus," and is a "school bus" if intended for transporting students to aid from school or related events.
A person way sell a new bus (including a van designed to carry 11 or more persons) to a school or school district provided that the vehicle meets our motor vehicle safety standards for school buses.
Because our regulations apply only to the manufacture and sale of new motor vehicles, we do not prohibit school districts from using their large vans to transport school children even when the vehicles do not meet Federal school bus safety standards. Mat ters relating to motor vehicle use are determined by state law. However, in the event a South Carolina school district decides to buy a new school bus, we would like the district to keep in mind that the seller would be obligated under the Vehicle Safety not to sell complying school buses. The seller should know that he or she risks substantial penalties if a noncomplying bus is sold as a school bus.
Since Mr. Seaborn is interested in transporting students in vans, I would like to clarify a few additional matters concerning our school bus regulations. In his letter to you, your constituent expresses a belief that large vans (i.e., buses) should be sa fe for school children since they are safe for other passengers. The legislative history of the Schoolbus Amendments of 1974 indicate that Congress believed that special measures should be taken to protect school children who use school bus transportatio n. Fifteen-passenger vans (i.e., buses) meeting our school bus safety standards provide more safety features than other buses. School buses must meet stringent performance requirements, including those for interior protection, fuel systems, emergency exi ts, windows and windshields and seating systems.
New 15-passenger vans, conforming to our school bus standards, may be sold to school districts to transport their pupils to school related events. School districts may also purchase 9-passenger vans for school transportation, because such vans are consid ered "multipurpose passenger vehicles" (MPV's) and not "buses" or "school buses" under Federal law. We do not prohibit the sale of MPV's to carry school children nor do we require then to comply with Federal school bus safety standards. Instead, they mus t 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. We have provided similar letters to Representatives Robin Tallon and Butler Derrick who contacted us on behalf of Mr. Seaborn. Please let us know if we can be of further assistance to you and your constituents.
Sincerely,
Erika Z. Jones Chief Counsel
The Honorable Floyd Spence House of Representatives Washington, D.C. 20515
Dear Mr. Spence:
Thank you for your letter forwarding correspondence from your constituent, Mr.
George W. Seaborn.
I have transmitted your inquiry to the appropriate Departmental officials who are familiar with this matter and they will respond to you directly.
I appreciate your contacting me and hope you will not hesitate to call if I can be of any further assistance.
Sincerely,
Edward J. Babbitt Director, Office of Congressional Affairs
February 2, 1987 Mr. Ed Babbitt
Director/Congressional Affairs Department of Transportation Room 10406 400 7th Street. S.W. Washington. D.C. 20590
Dear Mr. Babbitt:
Enclosed is the copy of a constituent letter I recently received. I would appreciate it if you could review this matter and let me know its current status. Thank you for your time.
With kindest regards. I am
Sincerely,
FLOYD D. SPENCE Member of Congress
FDS/bb Enclosure
Congressman Floyd Spence Room 2466 Rayburn House Office Building Washington, DC 20515 Dear Congressman Spence:
You will see from the enclosed material that in 1977, the Department of National Highway Safety adopted a standard which excludes the use of vans capable of transporting more than ten persons from use by schools. None of the administrators in South Carol ina were aware of this legislation until recently. I am sure that you know that there are hundreds of these vans being operated by South Carolina school districts and many thousands more by school districts across our land. We have three in our school di strict which belong to the state and are furnished to us for the purpose of transporting children to our child development program. We also have our own vans which are used to transport small groups such as golf team, cheerleaders, etc.
All of these vans were legally purchased on the open market in South Carolina. It seems to me that if these vehicles are unsafe to transport youngsters then they are unsafe to transport any citizens in our nation. On the other hand, if they are considere d safe to transport citizens in this country who are not school students, they should be safe to transport school students. This regulation implies that certain classes of our citizens are entitled to higher safety standards than other classes.
I have been asked by my colleagues throughout the state to urge your immediate attention to this matter as all it is doing at the present time is creating additional liability for our schools systems. There is no way I can tell the parents for instance i n our child development program that we can no longer transport their children to their child development classes. I respectfully await your prompt action concerning this matter.
Sincerely. George W. Seaborn, President South Carolina Association of School Superintendents