Interpretation ID: 23098a.drn
The Honorable Todd R. Platts
Member, U.S. House of Representatives
2209 East Market Street
York, PA 17402
Dear Congressman Platts:
Thank you for your letter of April 25, 2001, to the U.S. Department of Transportation's (DOT) Office of Congressional Affairs on behalf of your constituent,
Mr. Dean Thoman, of Glen Rock, PA. Mr. Thoman's church operates a small private school that recently purchased a used 15-passenger van to transport school children for school-related activities. After the purchase, Mr. Thomas found information leading him to believe "it was against federal and State law to use this van to transport school age children for any school activity. " Mr. Thoman then attempted to return the van to the dealer but was refused. Mr. Thoman sought your office's assistance in returning the van and getting a refund. You have asked DOT to review Mr. Thoman's situation. Because you seek information about laws administered by the National Highway Traffic Safety Administration (NHTSA), I have been asked to respond to you.
Some background information may be helpful. NHTSA is authorized to issue and enforce Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles. Our statute at 49 U.S.C. '30112(a) 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 at 49 U.S.C. '30125 defines a "school bus" 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. (1) This definition was enacted in 1974, as part of a comprehensive effort by Congress to increase school bus safety. By regulation, the capacity threshold for school buses corresponds to that of buses -- vehicles designed for carrying more than ten (10) persons.
The great majority of vehicles used to transport students fall within the definition of "school bus." More specifically, any new "bus" sold to a school district, or to a private school, is considered to be a "school bus" when sold for pupil transportation, and as such must comply with the school bus safety standards. A dealer or distributor who sells a new bus to a school district or private school that does not meet school bus standards is subject to penalties under the statute.
Under Federal law, a school district or private school can be sold a used bus (i.e., a 15-passenger van), even though the vehicle could not be sold as a bus when new. This is because NHTSA's requirement to sell vehicles that meet applicable safety standards does not apply to the sale of a motor vehicle "after the first purchase of the vehicle ... in good faith other than for resale," i.e., to sales of used vehicles. Nonetheless, because school buses are one of the safest forms of transportation in this country, we strongly recommend that all buses that are used to transport school children be certified as meeting NHTSA's school bus safety standards.
Although we cannot assist Mr. Thoman in his efforts to return the 15-passenger van to the dealer for a refund, Mr. Thoman may wish to show this letter and enclosures to the dealer. This will put the dealer on notice that a dealer selling a 15-passenger van for school transportation could be subject to liability in the event of a crash.
Our belief that vehicles providing the safety of school buses should be used whenever transporting children in buses is shared by the National Transportation Safety Board (NTSB). At a June 8, 1999, public meeting, the NTSB issued the enclosed abstract of a special investigative report on nonconforming buses. The NTSB issued the report after investigating four crashes in 1998 and 1999 in which 9 people were killed and 36 injured when riding in "nonconforming buses." NTSB defines "nonconforming bus" as a "bus that does not meet the FMVSSs specific to school buses." Most of the victims, including eight of the fatalities, were children.
I hope this information is helpful. If you have any further questions, please contact me at (202) 366-9511.
Sincerely,
John Womack
Acting Chief Counsel
Enclosures
ref:VSA#571.3
d.6/6/01
1. 1 NHTSA has consistently interpreted "related events" to include school-sponsored field trips and athletic events.