Interpretation ID: 2968yy
Assistant Superintendent
Sierra Vista Public Schools
District Administration Office
3555 Fry Boulevard
Sierra Vista, Arizona 85635
Dear Mr. Mikesell:
This responds to your letter of March 25, 1991 requesting "a copy of the federal regulations regarding school vans being used for transporting students." Your letter notes that you "are especially interested in the number of students which can be transported before a van is considered a school bus."
I am pleased to have this opportunity to clarify the operation of Federal law as it applies to school buses. Federal law regulates the manufacture and sale of new vehicles. The capacity of a van used to transport students will determine whether the van is considered a "school bus" or a "multipurpose passenger vehicle" under Federal law. The National Highway Traffic Safety Administration (NHTSA) defines "school bus" as a motor vehicle designed for carrying 11 or more persons, including a driver, and sold for transporting students to and from school or school-related events. Given the wording of your letter, I emphasize that it is the capacity of vehicle, not the number of students actually transported, which determines whether a vehicle is a school bus. NHTSA defines "multipurpose passenger vehicle" as a motor vehicle designed for carrying 10 persons or less constructed on a truck chassis.
NHTSA has issued Federal motor vehicle safety standards applicable to all new vehicles. It is a violation of Federal law for any person to manufacturer or sell any new vehicle that does not comply with all applicable safety standards. The Federal motor vehicle safety standards are contained in Title 49 of the Code of Federal Regulations (CFR), Part 571. You may find a copy of 49 CFR Part 571 at a Federal Depository Library in your State. If you so choose, you may purchase a copy of the volume of Title 49 which includes Part 571 from the United States Printing Office (GPO), Washington, D.C., 20402, (202) 783-3238.
To determine whether your school district may use a vehicle other than a school bus to transport school children, you must look to state law. This is so because the individual States, not the Federal government, have authority over the use of motor vehicles. In addition, use of vehicles other than school buses could result in increased liability in the event of an accident. You might want to consult your attorney and insurance company to discuss this matter. I must emphasize NHTSA's position that a vehicle meeting Federal school bus regulations is the safest way to transport students. I encourage your school district to give its most careful consideration to the possible consequences of transporting students in vehicles that do not comply with these regulations.
I hope you find this information helpful. If you have further questions, please contact Mary Versailles of my staff at this address or by telephone at (202) 366-2992.
Sincerely,
Paul Jackson Rice Chief Counsel
ref:571.3 "school bus" d:4/l2/9l