Interpretation ID: nht76-5.29

DATE: 02/25/76

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Ms. Mary Harding

TITLE: FMVSR INTERPRETATION

TEXT: The Fort Worth Regional Office of the National Highway Traffic Safety Administration (NHTSA) has forwarded to us your February 2, 1976, letter asking whether 16-passenger van-type school buses that presently serve to transport children to and from a day care center fall within the new definition of "School bus" recently issued by the NHTSA (40 FR 60033, December 31, 1975).

The answer to your question is no. The definition is based on the regulatory authority found in the National Traffic and Motor Vehicle Safety Act (the Act) (15 U.S.C. @ 1381 et seq.). This Act authorizes the regulation of motor vehicle construction in accordance with standards in effect on the date of the vehicle's manufacture.

In the case of this amendment of the definition, the NHTSA chose to make the new definition effective on October 27, 1976, to correspond with the effective date of the new school bus standards. This means that the existing definition of "School bus" applied at the time of the construction of the vehicles operated by your library. The existing definition applies only to vehicles designed primarily to carry children to and from school, and would not include van-type vehicles.

YOURS TRULY,

FORT WORTH PUBLIC LIBRARY

February 2, 1976

Alex Calaluca NHTSA Region VI

Here is the information you asked for in our phone conversation on Feb. 2, 1976.

Vehicle Make, Model and Year--Dodge, Sports Van 1975. Vehicle Identification Numbers: B36BE54 131771 B36BE54 127066

These two vehicles are used to transport pre-school children from non-profit day care centers to branch libraries for special library programs. The children are picked up in a group at their center, accompanied by one or more day care staff members, and returned to their center after the program.

The vehicles are equipped with seat belts for each seat and a fire extinguisher.

I would like to know if these vehicles would be covered by the new amendment to the National Highway Transportation Safety Act?

Thank you so much for your time and trouble.

Mary Harding Director -- Outreach Program

U.S. DEPARTMENT OF TRANSPORTATION NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

Memorandum

DATE: February 5, 1976

SUBJECT: School Bus Definition

FROM: Regional Administrator National Highway Traffic Safety Administration Fort Worth, Texas

TO: Office of Public Affairs and Consumer Services, N40-40 National Highway Traffic Safety Administration Washington, D.C.

In the enclosed letter of February 2, Ms. Mary Harding describes the make and model of vehicles she uses to transport preschool children. The vehicles are designed to carry 16 passengers and are equipped with a seat belt in each sitting position. Ms. Harding desires a legal interpretation on whether or not the above vehicles come under the new definition for a school bus and if this is the case, would the vehicles be in compliance with the Federal Motor Vehicle Safety Standard developed under the Motor Vehicle and School Bus Safety Amendments of 1974?

Please provide this office with a copy of your response to Ms. Harding. If we can be of further assistance to you in this matter, please let us know.

Alex M. Calaluca Motor Vehicle Programs Director

For: E. Robert Anderson Regional Administrator