Interpretation ID: 2347y
President
Jones Ford Inc.
P.O.Box 10267
North Charleston, SC 29411
Dear Mr. Jones:
This is in response to your letter to NHTSA in which you asked questions concerning the circumstances in which Ford vans with more than ten designated seating positions would be considered school buses for purposes of the Federal Motor Vehicle Safety Standards (FMVSS). I apologize for the delay in this response.
Your letter asked whether the vans that you describe would be considered school buses if used to transport adult education students, college students, high school students (including athletic teams), playground teams with no connection to schools, day care center clients, or children transported by churches that do not have day schools, but occasionally transport children.
The starting point for the agency's analysis of when vehicles used in these circumstances would be required to comply with FMVSS requirements applicable to school buses is Section 102(14) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1391(14)). That provision defines "Schoolbus" as a "passenger motor vehicle which is designed to carry more than 10 passengers in addition to the driver, and which the Secretary determines is likely to be significantly used for the purpose of transporting primary, preprimary, or secondary school students to or from such schools or events related to such schools."
When interpreting this provision, the agency has always looked to the nature of the particular institution purchasing the buses. If its central purpose is the education of primary, preprimary or secondary students, the agency has determined that the buses purchased must comply with the FMVSS requirements for school buses. If the institution is concerned primarily with the education of post-secondary students, or serves a function that is custodial rather than educational, NHTSA has said that the buses need not comply with the school bus requirements.
The agency has already explained the application of this provision to several of the circumstances raised in your letter. On July 12, 1977, in a letter to Mr. Jim Thomason, the agency said that buses used to transport adults and other post-high school students to vocational training need not comply with the FMVSS school bus requirements because these passengers do not fall in the categories of "primary, preprimary or secondary students." However, that interpretation also noted that a bus used by a vocational school connected with a secondary school would fall within the scope of the school bus requirements.
The agency has also determined, in a March 17, 1976 letter to Mr. W.G. Milby (and reaffirmed several times since then), that buses used to transport college students need not comply with the standards for school buses. The same letter also includes our opinion that a bus used to transport school athletic teams to activities falls within the scope of the definition of school bus, and must comply with the applicable FMVSS.
A May 10, 1982 interpretation letter to Mr. Martin Chauvin determined that vehicles used to transport children to day care centers need not comply with the school bus standards. The rationale for this decision is based on the fact that these facilities serve an essentially custodial function, although they may have some educational components, and are not considered to be schools.
Your letter also asks about transportation of children by churches which do not operate day schools. In a November 20, 1978 letter to Mr. J. Perry Robinson, this office determined that the term "school" does not include church schools such as Sunday schools, or those providing other religious training. As noted in that letter, however, a normal preprimary, primary or secondary school operated under the auspices of a church would be required to comply with the the school bus requirements.
Finally, your letter asks whether vehicles used to transport "playground teams" with no connection to a school would be required to comply with the school bus requirements. The agency has not addressed this question in any past interpretations. However, it is my opinion that a bus used to transport "playground teams" that are organized independently of any school or educational organization would not be required to comply with the school bus standards. The term "school" cannot be construed to include athletic teams not connected with any school or educational organization.
I hope you have found this information helpful. If you have any further questions, please contact David Greenburg of this office at (202) 366-2992.
Sincerely,
Stephen P. Wood Acting Chief Counsel /ref:VSA#571 d:3/20/90