Interpretation ID: nht93-4.25

DATE: June 7, 1993

FROM: Ben F. Barrett -- Associate Director, The Legislative Research Department, State of Kansas

TO: Office of Chief Counsel -- NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 7/1/93 from John Womack to Ben F. Barrett (A41; Part 571.3)

TEXT:

A Kansas school district recently has expressed its desire to use a 15-passenger vehicle, which I believe generally is categorized as a "bus," to transport students to and from school or to and from school-related activities. But, the district does not want to cause these vehicles to meet the additional safety requirements of a "school bus." However, it is my understanding that if such a vehicle is used to transport students, it is under the federal law of a "school bus."

Our state law, among other things, defines a "school bus" as a motor vehicle designed for transporting more than ten passengers in addition to the driver. The suggestion is that the state law be amended so as to exclude the 15-passenger vehicles from the state's "school bus" definition.

No doubt, proposals of this type previously have been called to your attention. It would be helpful to us to obtain your comments concerning the consequences of such legislation, both with respect to any federal sanctions that might relate to this type of nonconformity and to liability or other issues that might merit attention.

Thank you for your assistance.