Interpretation ID: 20980.drn
Mr. Martin Cosgrove, Jr.
Coordinator for School Transportation
St. Landry Parish School Board
1013 East Creswell Lane
P.O. Box 310
Opelousas, LA 70571-0310
RE: 1990 Blue Bird
TC 2000 Bus
VIN 1BAAGCSA4LF037779
Body Number F093742
Dear Mr. Cosgrove:
This responds to your letter asking whether your school board may permit a contractor to use the above-described bus to transport students to and from local schools. As explained below, the question you ask is a matter that is answered by State law. Louisiana law should be consulted to see if there are regulations about how Louisiana children must be transported.
With your letter, you provided a photograph of the vehicle's certification label, showing that the vehicle manufacturer, Blue Bird Body Company, has classified the vehicle as a "bus." You also enclose a copy of an October 21, 1999 letter from Mr. Jack Kemp, Technical Coordinator of Blue Bird, stating "Unit F093742 was certified to the original owner as a non-school bus." This information indicates that the vehicle in question is a bus, and was not certified as a school bus.
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. Persons selling or leasing new "buses" for such use must sell or lease a "school bus."
In a telephone conversation with Dorothy Nakama of my staff, you said that the contractor,
Mr. Joseph Guidry, bought the bus in question as a used vehicle in 1997. The vehicle was certified by its manufacturer in 1990 as conforming to safety standards applicable to a bus, not a school bus. Under Federal law, a dealer would have been prohibited from selling this vehicle, when new, for transporting students. However, because our regulations only apply to the manufacture and sale of new motor vehicles, the used bus was not required to be certified to our school bus safety standards when it was sold to Mr. Guidry.
Because our school bus regulations apply only to manufacturers and sellers of new motor vehicles, we do not prohibit schools from using non-school buses to transport school children. However, each State has the authority to set its own standards regarding the use of motor vehicles, including school buses. For this reason, Louisiana law should be consulted to see if there are regulations about how children must be transported.
Correspondence enclosed with your letter identified two buses, a non-school bus and a school bus, Blue Bird Body Nos. FO93742 and FO93980, respectively. Our records indicate and a Blue Bird representative confirmed that the school bus is covered by the two safety recalls described below. Blue Bird records indicate that neither recall has been performed on this school bus. We urge you to have the remedies performed as soon as possible. There will be no charge to either the school district or the contractor.
- NHTSA recall campaign No. 95V-090 is for a safety-related defect. Clothing can become caught in the hand railing while exiting, which could result in a child being dragged by the bus.
- NHTSA recall campaign No. 97V-197 is for a noncompliance with FMVSS No. 301, "Fuel System Integrity." The vehicle's fuel tank may leak if the bus is struck in a crash.
The Blue Bird representative stated that the non-school bus was ordered and manufactured by Blue Bird with many items of school bus equipment, including body structure, seating, occupant restraining barriers, hand rails, and a protective cage surrounding the fuel tank. Consequently, this vehicle is likely to have the same problems as described above. He suggested that the owner of both vehicles (presumably Mr. Guidry) contact Mr. Bill Coleman, Blue Bird's Recall Administrator on (912) 822-2242 to make arrangements for the recall remedies to be performed and to discuss what should be done with respect to the non-school bus.
In conclusion, we wish to emphasize that school buses are one of the safest forms of transportation in this country, and that we therefore strongly recommend that all buses that are used to transport school children be certified as meeting NHTSA's school bus safety standards. In addition, using vehicles that do not meet NHTSA's school bus standards to transport students could result in liability in the event of a crash.
I am enclosing NHTSA's publication: "School Bus Safety: Safe Passage for America's Children." This brochure explains the safety enhancements of a school bus that makes school buses safer than non-school buses.
I hope this information is helpful. If you have any further questions about NHTSA's programs, please feel free to contact Dorothy Nakama of my staff at this address or at (202) 366-2992.
Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosures
ref:VSA#571.3
d.3/10/2000