Interpretation ID: nht87-1.37
TYPE: INTERPRETATION-NHTSA
DATE: 02/20/87
FROM: AUTHOR UNAVAILABLE; SIGNATURE UNAVAILABLE; NHTSA
TO: Robin Tallon
TITLE: FMVSA INTERPRETATION
TEXT:
The Honorable Robin Tallon U.S. House of Representatives Washington, DC 20515
Dear Mr. Tallon:
Thank you for your letter enclosing correspondence from your constituent Mr. George Seaborn of the South Carolina Association of School Superintendents, concerning Federal regulations for school buses. Your letter has been referred to my office for reply , since the National Highway Traffic Safety Administration is responsible for Federal programs relating to school bus safety.
In his letter to you, Mr. Seaborn expresses his concern about a Federal regulation that "excludes the use of vans capable of transporting more than 10 persons from use by schools." Mr. Seaborn explains that it would be difficult for school districts to c omply with a restriction on van use since large vans are extensively used for pupil transportation. He believes that schools should be permitted to use vans since those vehicles are safe for transporting passengers other than school children.
I appreciate this opportunity to clarify our school bus regulations. As explained below, there is no Federal prohibition directed against schools or school districts which restricts them from using vans carrying 11 or more persons. Federal law does, howe ver, affect the sale of buses to schools. NHTSA has the authority, under the National Traffic and Motor Vehicle Safety Act, to regulate the manufacture and sale of new motor vehicles. In 1974, Congress enacted the Schoolbus and Motor Vehicle Safety Amend ments to direct NHTSA to issue motor vehicle safety standards on specific aspects of school bus safety and apply those standards to all "school buses." The school bus standards we issued became effective April 1, 1977, and apply to each school bus manufa ctured on or after that date.
The parties subject to the Vehicle Safety Act are the manufacturers and sellers of new school buses. The Vehicle Safety Act requires each person selling a new "school bus" to ensure that the bus complies with our school bus safety standards. Under Federa l law, a van designed for 11 or more persons (driver included) is a "bus," and is a "school bus" if intended for transporting students to and from school or related events.
A person may sell a new bus (including a van designed to carry 11 or more persons) to a school or school district provided that the vehicle meets our motor vehicle safety standards for school buses.
Because our regulations apply only to the manufacture and sale of new motor vehicles, we do not prohibit school districts from using their large vans to transport school children even when the vehicles do not meet Federal school bus safety standards. Mat ters relating to motor vehicle use are determined by state law. However, in the event a South Carolina school district decides to buy a new school bus, we would like the district to keep in mind that the seller would be obligated under the Vehicle Safety Act to sell complying school buses. The seller should know that he or she risks substantial penalties if a noncomplying bus is sold as a school bus.
Since Mr. Seaborn is interested in transporting students in vans, I would like to clarify a few additional matters concerning our school bus regulations. In his letter to you, your constituent expresses a belief that large vans (i.e., buses) should be sa fe for school children since they are safe for other passengers. The legislative history of the Schoolbus amendments of 1974 indicate that Congress believed the need to protect school children who use school bus transportation is paramount. Large van bus es meeting our school bus safety Standards provide more safety features than other buses. School buses must meet stringent performance requirements, including those for interior protection, fuel systems, emergency exits, windows and windshields and seati ng systems.
New vans carrying 11 or more persons, conforming to our school bus standards, may be sold to school districts to transport their pupils to school related events. School districts may also purchase 9-passenger vans for school transportation, because such vans are considered "multipurpose passenger vehicles" (MPV's) and not "buses" or "school buses" under Federal law. We do not prohibit the sale of MPV's to carry school children nor do we require them to comply with Federal school bus safety standards. In stead, they must meet the performance requirements set by the safety standards for MPV's, which also provide high levels of passenger safety.
I hope this information is helpful. Please contact my office if we can be of further assistance.
Sincerely,
Erika Z. Jones Chief Counsel
Ms. Anne Graham Assistant Secretary for Legislation and Public Affairs 100 Maryland Avenue S.W. Room 3153 Washington. D.C. 20202
Dear Ms. Graham:
Enclosed, please find a copy of a letter from George Seaborn, President of the South Carolina Association of School Superintendents. regarding the prohibitive specifications for school vans.
I would appreciate your assistance in bringing me up to date on this matter, and the concerns expressed by Mr. Seaborn. as soon as possible.
Thank you for your consideration.
With best regards. I am
Sincerely,
ROBIN TALLON Member of Congress
RT/ma
Congressman Robin Tallon 432 Cannon House Office Building Washington, DC 20515
Dear Congressman Tallon:
You will see from the enclosed material that in 1977, the Department of National Highway Safety adopted a standard which excludes the use of vans capable of transporting more than ten persons from use by schools. None of the administrators in South Carol ina were aware of this legislation until recently. I am sure that you know that there are hundreds of these vans being operated by South Carolina school districts and many thousands more by school districts across our land. We have three in our school di strict which belong to the state and are furnished to us for the purpose of transporting children to our child development program. We also have our own vans which are used to transport small groups such as golf team, cheerleaders, etc.
All of these vans were legally purchased on the open market in South Carolina. It seems to me that if these vehicles are unsafe to transport youngsters then they are unsafe to transport any citizens in our nation. On the other hand, if they are considere d safe to transport citizens in this country who are not school students, they should be safe to transport school students. This regulation implies that certain classes of our citizens are entitled to higher safety standards than other classes.
I have been asked by my colleagues throughout the state to urge your immediate attention to this matter as all it is doing at the present time is creating additional liability for our schools systems. There is no way I can tell the parents for instance i n our child development program that we can no longer transport their children to their child development classes. I respectfully await your prompt action concerning this matter.
Sincerely,
George W. Seaborn, President South Carolina Association of School Superintendents