Interpretation ID: 77-2.7

TYPE: INTERPRETATION-NHTSA

DATE: 04/08/77

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Wisconsin School Bus Association

TITLE: FMVSR INTERPRETATION

TEXT: This responds to your March 5, 1977, letter asking for an interpretation concerning the definition of school bus. In particular you ask how the National Highway Traffic Safety Administration determines the seating capacity of a motor vehicle which in turn determines whether that vehicle will be considered a school bus for purposes of our regulations.

You are correct in your interpretation that a van designed to carry fewer than 10 passengers may transport children to or from school and need not comply with the new school bus safety standards. The NHTSA determines the seating capacity of a motor vehicle by the number of designated seating positions in the vehicle. The term "designated seating position" is defined in Part 571.3 of our regulations (49 Code of Federal Regulations) to mean: ". . . any plan view location intended by the manufacturer to provide seating accommodation while the vehicle is in motion for a person at least as large as a 5th percentile adult female, except auxiliary seating accommodations such as temporary or folding jump seats." Thus, as long as a van purchased for pupil transportation has fewer than 10 designated seating positions for passengers, it is not considered a school bus and need not comply with school bus safety standards.

SINCERELY,

March 5, 1977

Frank A. Berndt Acting Chief Counsel Federal D.O.T. Nat'l Hwy. Traffic Safety Adm.

We are somewhat unclear as to the meaning and intent of the federal definitions of "school buses" and "vehicles" sold for use as school buses - or being used in pupil transportation - as they apply to vehicle size or passenger capacity.

The State of Wisconsin is presently revising its Administrative Rules governing pupil transportation. It is intended that these proposed revisions will correspond with all federal definitions and regulations. The area that needs clarification is the use of "van-type" vehicles.

We have been given to understand that "vehicles" manufactured for use in pupil transportation require the manufacturer to comply with federal construction standards effective April 1, 1977. Manufacturers of "van-type" vehicles, such as the Chrysler Corp, General Motor and Ford Motor Company, have advised us that the federal regulations apply to these vehicles also, and for that reason, it is their intention not to manufacture a "school van" for sale for use in pupil transportation.

If this information is correct, we would believe that, except for a van "converted" to comply with federal regulations, no van-type vehicle manufactured after April 1, 1977 will be available for use in pupil transportation.

However, it is held that anyone may purchase and use a "van-type" vehicle for use in pupil transportation even though it is manufactured after April 1, 1977 . . . . if the vehicle transports less than 10 persons. Is this a correct interpretation? If so, how does one "measure" a vehicle's passenger carrying capacity?

We believe this area of the federal regulations to be most unclear. If a vehicle transporting "under 10 persons" was exempt from the regulations, then "van-type" vehicles of all sizes could be purchased for use in pupil transportation . . . . as long as its seating capacity was restricted.

We would hope you would enlighten us on this matter, for we are, to say the least, confused.

WISCONSIN SCHOOL BUS ASSOCIATION

Dick Rechlicz Executive Secretary