Interpretation ID: 19132.drn

Taylor Jones, Jr., Esq.
Attorney at Law
Jones, Washington Co., L.P.A.
1308 Talbott Tower
118 West First Street
Dayton, OH 45402-1104

Dear Mr. Jones:

This responds to your request for information on how to ensure that a vehicle capable of transporting more than ten (10) persons meets the Federal motor vehicle safety standards (FMVSS) applicable to school buses. You represent a Head Start Agency in Montgomery County, Ohio with 4,000 pre-school children, and your client wishes to ensure that the buses it buys meet the National Highway Traffic Safety Administration's (NHTSA) school bus safety standards. I regret the delay in this response. Our answer is provided below.

By way of background, NHTSA is authorized to issue and enforce the Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles. Our statute at 49 U.S.C. 30112 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 "schoolbus" as any vehicle that is designed for carrying a driver and more than 10 passengers and which, NHTSA decides, 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. By regulation, the capacity threshold for school buses corresponds to that of buses -- vehicles designed for carrying more than ten (10) persons. For example, a 15-person van that is likely to be used significantly to transport students is a "school bus."

Pursuant to 49 U.S.C. 30115 "Certificate of compliance," motor vehicle manufacturers must certify that the vehicles they manufacture comply with applicable motor vehicle safety standards. Certification of a vehicle must be shown by a label or tag permanently fixed to the vehicle. NHTSA has established its motor vehicle certification regulations at 49 CFR Part 567 "Certification."

To determine whether a bus meets the FMVSSs applicable to school buses, your client should look for the certification label that is usually affixed to either the hinge pillar, door-latch post, or the door edge that meets the door-latch post, next to the driver's seating position, or to the left side of the instrument panel. If none of these locations is practicable, the label must be affixed to the inward-facing surface of the door next to the driver's seating position. (See 49 CFR Section 567.4(c)). A bus that meets the FMVSSs applicable to school buses will state "school bus" as its vehicle classification. (See 49 CFR Section 567.4(g)(7)). Although not required by NHTSA to do so, the certification labels on some passenger vans will state "bus, not school bus" as the vehicle classification.

I hope this information is helpful. For more information about the safety features of a school bus, I am enclosing NHTSA's publication: "School Bus Safety: Safe Passage for America's Children." I am also enclosing NHTSA's February 1999 "Guideline for the Safe Transportation of Pre-school Age Children in School Buses." 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,
Frank Seales, Jr.
Chief Counsel
Enclosures
ref:VSA#571.3
d.4/7/99