Interpretation ID: 77-2.30

TYPE: INTERPRETATION-NHTSA

DATE: 05/06/77

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Collins Industries Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This confirms your April 19, 1977, conversation with Roger Tilton of my staff concerning the definition of school bus.

The National Highway Traffic Safety Administration (NHTSA) defined school bus in a notice issued on December 31, 1975 (40 FR 60033) to mean "a bus that is sold, or introduced into interstate commerce, for purposes that include carrying students to and from school or related events, but does not include a bus designed and sold for operation as a common carrier in urban transportation." This definition incorporates by reference the definition of bus (49 CFR Part 571.3) which is "a motor vehicle with motive power, except a trailer, designed for carrying more than 10 persons." Therefore, by definition a school bus is a vehicle that carries more than 10 persons (e.g., 10 passengers and a driver). This does not preclude smaller vehicles from transporting school children. Vehicles carrying 10 or fewer persons would not have to comply with the school bus construction requirements.

I am enclosing a copy of the notice that established the school bus definition. If you have further questions, do not hesitate to contact us.