Interpretation ID: 18267.drn

Mr. Jeff Hibbs, Fleet Coordinator
C & C Ford - Mercury
103 East Fifth St.
P. O. Box 249
Sturgis, KY 42459

Dear Mr. Hibbs:

This responds to your letter regarding the use of 15-passenger vans by a child care facility to drop off and pick up school children from schools. You ask whether the vans are "school buses" under Federal law. In a telephone conversation with Dorothy Nakama of my staff, you explained that you believe that the children will be transported "to and from school" on a regular basis, perhaps as often as five days a week.

I am enclosing a copy of our July 23, 1998, letter to Mr. Don Cote of Northside Ford in San Antonio, who asked us the same question about vans regularly used by a child care facility for school transportation. In that letter, we explain that such a van is a "school bus" under our regulations. Thus, when a dealer sells or leases a new van for such use, the dealer must sell or lease only buses that meet Federal motor vehicle safety standards for school buses, even when the purchaser is a child care facility.

The National Highway Traffic Safety Administration (NHTSA) believes that school buses are one of the safest forms of transportation in this country, and therefore strongly recommends that all buses that are used to transport school children be certified as meeting NHTSA's school bus safety standards. In addition, use of 15-passenger vans that do not meet the school bus standards to transport students could result in increased liability to the school bus operator or seller in the event of a crash. Since such liability would be determined by State law, you should consult your attorney and insurance carrier for advice on this issue.

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

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosure
ref:VSA#571.3
d.9/2/98