Interpretation ID: 17712.drn

Mr. Harold V. Turnquist
Transportation Director
District 625
Saint Paul Public Schools
360 Colborne Street
Saint Paul, MN 55102-3299

Dear Mr. Turnquist:

This responds to your April 7, 1998, letter to Mr. Bob Pollack of the National Highway Traffic Safety Administration (NHTSA's) Region V Office, asking for information whether your department may use 15-passenger vans to transport adults and their children in your Early Childhood and Family Education Program (ECFE). As explained below, we do not consider the ECFE Program to constitute a "school" as that term is used in our statute. Thus, new buses leased to you for transporting ECFE Program participants are not required to be school buses under Federal law.

Your letter explains that the Saint Paul Public Schools Community Education Department operates a parent education program for adult learners called the ECFE Program. The program is described as follows:

Parents and their non school age children, who range in age from a few months to three or four years old, attend programs designed to assist the parent in developing skills necessary for raising their children. Class locations include both storefront locations (leased space) and public school buildings. When ECFE Programs are housed within school buildings there is no connection between the ECFE Program and the school program.

Your letter states that your Department is leasing several 15-passenger vans to transport ECFE Program participants. According to your letter, Minnesota state law does not require school bus transportation for ECFE Program participants.

In a telephone conversation with Dorothy Nakama of my staff, Mr. Mark Vogel of your office stated that the adult participants in the ECFE Program are not high school age, i.e., they are all older than eighteen. Mr. Vogel also stated that the young children transported in the vans are in vehicle safety restraints appropriate for their size and age.

By way of background, NHTSA is authorized to issue and enforce Federal motor vehicle safety standards applicable to new motor vehicles. Our statute at 49 U.S.C. 30112 (copy enclosed) requires any person selling or leasing a new vehicle to sell or lease a vehicle that meets all applicable standards. Accordingly, persons selling or leasing a new "school bus" must sell or lease a vehicle that meets the safety standards applicable to school buses. Our statute defines a "school bus" as any vehicle that is designed for carrying 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. 49 U.S.C. 30125 (copy enclosed). Therefore, large (e.g., 15-passenger) vans that are likely to be used significantly to transport school students are "school buses."

The question raised by your letter, whether the ECFE Program constitutes a "school" is one the agency finds appropriate to resolve case-by-case, focusing on the type of services provided by the organization at issue.

The facts you have provided show that the adult participants in the ECFE Program are older than high school age. Your letter states that the adults attend programs "designed to assist the parent in developing skills necessary for raising their children." For purposes of NHTSA's safety standards, I have concluded that instruction in developing these skills are distinct from the academic instruction associated with a "school," and that therefore, the ECFE Program is not a "school." Accordingly, if a dealer were to sell or lease a new bus (e.g., a 15-passenger van) to the Saint Paul Public Schools Community Education Department for the exclusive use of the ECFE Program, that dealer need not sell or lease a new school bus.

I hope this information is helpful. If you have any further questions, please feel free to contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992.

Sincerely,
John Womack
Acting Chief Counsel
Enclosure
ref:VSA#571.3
d.4\29\98