Interpretation ID: 77-5.19

TYPE: INTERPRETATION-NHTSA

DATE: 12/29/77

FROM: AUTHOR UNAVAILABLE; Joseph J. Levin Jr.; NHTSA

TO: Kentucky Department of Education

TITLE: FMVSR INTERPRETATION

TEXT: This responds to your oral request to Roger Tilton of my staff concerning the applicability of the new Federal school bus safety standards to vans school children to or from school or related events.

The National Highway Traffic Safety Administration (NHTSA) promulgates safety standards applicable to all school buses. School bus is defined in Part 571.3 of our regulations (Volume 49 of the Code of Federal Regulations, Part 571.3) to mean a bus sold or introduced in interstate commerce for purposes that include carrying students to and from school or related events. In turn, bus is defined as "a motor vehicle with motive power, except a trailer, designed for carrying more than 10 persons." More than 10 persons means 10 passengers or more plus a driver. Accordingly, any vehicle sold or introduced in interstate commerce to transport school children which carries 10 or more passengers to or from school or related events must comply with all of the new Federal school bus requirements. This includes vans which fall within that passenger capacity.