Interpretation ID: 19541.drn

Lisa Shalkowski, Director
Sunshine Child Care Center
1801 S.W. McKinley
Des Moines, IA 50315

Dear Ms. Shalkowski:

This responds to your letter concerning Federal school bus requirements that apply to the sale or lease of a 15-person van to your center. You state that the Sunshine Child Care Center is licensed to care for up to 120 children, about 20 of whom are of school age. You state that you have been trying to purchase a used van, and you also ask whether our school bus requirements apply. You write that "The majority of our van use would be for the purpose of transporting preschool age children to parks, libraries, and other special events" and that "[d]uring the school year, we transport school age children to and from the neighborhood school, which is only five blocks away."

By way of background, the National Highway Traffic Safety Administration (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 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 new 15-person van that is likely to be used significantly to transport students is a "school bus" and must meet our school bus safety standards.

Your letter did not provide much information on the use of the van, but it appears that use of it to carry students to or from school may be "significant." Your daily and regular use of the van to carry students to and from school is similar to use of a van described in our July 23, 1998 letter to Northside Ford (copy enclosed). That letter addressed the use of a van by a child care facility to transport children to or from school "on regular school days." NHTSA stated that: "Such recurring and consistent use of the van to transport students 'to or from school' would constitute a 'significant' use of the vehicle."

The requirement to sell or lease complying school buses applies only to new buses. If the Sunshine Child Care Center wishes to buy a used 15-person van or enter into a long-term lease of such a bus, that transaction is not regulated by NHTSA. However, using buses that do not meet the school bus standards to transport students could result in increased liability in the event of a crash. Since such liability would be determined by State law, you may wish to consult with your attorney and insurance carrier for advice on this issue.

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 Februrary 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