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Interpretation ID: nht79-4.13

DATE: 07/17/79

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Department of Education; Ohio

TITLE: FMVSR INTERPRETATION

TEXT: This responds to your June 15, 1979, letter asking about the use of standard production vans for the transportation of school children to or from school or related events. In particular, you ask whether a 15-passenger Dodge Maxi-Van can be used for school transportation.

Whether a new vehicle sold for use as a school vehicle must comply with the Federal school bus safety standards depends on whether the vehicle meets our definition of a bus. Our definition provides that a bus is "a motor vehicle with motive power, except a trailer, designed for carrying more than 10 persons." (Title 49 of the Code of Federal Regulations, Part 571.3). Thus, a vehicle that transport 10 or fewer persons may be sold as a school vehicle and need not comply with the Federal school bus safety standards. However, a Dodge Maxi-Van capable of carrying 15 persons is a bus. If such a vehicle is sold new for use as a school vehicle, it must comply with those standards.