Interpretation ID: nht95-1.39
TYPE: INTERPRETATION-NHTSA
DATE: January 27, 1995
FROM: J. Randle Schick, Assistant Chief Counsel, Illinois Dept. Of Transportation
TO: Susan Kunkel; John Womack
TITLE: SB 52
ATTACHMT: ATTACHED TO 4/10/95 LETTER FROM PHILIP RECHT TO EDWARD GOWER (A43; PART 571.3)
TEXT: The Chief Counsel has asked me to respond to your question whether he concurs with Mr. Myers' interpretation of the United States Code. I do not concur with his interpretation that a vehicle dealer is prohibited by federal law from selling a van, which is not a school bus, with a capacity of more than 10 passengers to be used for school transportation.
The Federal Motor Vehicle Safety Standards are manufacturing standards. A school bus must be manufactured to certain federal standards. The manufacturer must certify to the dealer that a school bus has been manufactured to that standard. Federal law d oes not take the next step and require the dealer to sell only school buses for school transportation. State law, and only state law, governs the operation of school buses by schools and sets those requirements. If schools are authorized by state law t o use vans which are not school buses, a school can do so and can purchase a van for that purpose.
I believe what Mr. Myers had in mind is that if a school is shopping for a school bus, the dealer has to sell the school a bus that is certified as a school bus.
ATTACHMENT
SENATE BILL NO. 52
89th GENERAL ASSEMBLY
State of Illinois
1995 and 1996
(Prefiled January 10, 1995)
Introduced January 11, 1995, By Senator Watson
SYNOPSIS AS INTRODUCED
105 ILCS 5/29-6.3 new 625 ILCS 5/1-182 from Ch. 95 1/2, par. 1-182 625 ILCS 5/11-1414.1 from Ch. 95 1/2, par. 11-1414.1 Amends the School Code to provide that school districts may transport up to 15 students to and from interscholastic or school sponsored activities in a van under certain conditions. Amends the Vehicle Code to provide that these vans do not fall under the definition of a "school bus". Effective immediately.
Fiscal Note Act may be applicable
AN ACT concerning school property and transportation, amending named Acts.
Be it enacted by the People of the State of Illinois, represented in the General Assembly:
Section 5. The School Code is amended by adding Section 29-6.3 as follows:
(105 ILCS 5/29-6.3 new)
Sec. 29-6.3. Transportation to and from specified interscholastic or school sponsored activities. Any school district may transport not more than 15 students to and from an interscholastic athletic or other interscholastic or school sponsored activi ty in a motor vehicle designed for the transportation of not less than 7 nor more than 16 persons commonly referred to as a van, provided that the van is operated by or for the district under a rental or for hire arrangement entered into by the district with respect to the specific activity in connection with which such transportation is to be furnished, and provided further that any school district furnishing transportation for students under the authority of this Section shall insure against any loss or liability of the district resulting from the maintenance, operation, or use of the vehicle in a company licensed and authorized to write such coverage in this State.
Section 10. The Illinois Vehicle Code is amended by changing Sections 1-182 and 11-1414.1 as follows:
(625 ILCS 5/1-182) (from Ch. 95 1/2, par. 1-182) Sec. 1-182. School bus.
(a) "School bus" means every motor vehicle, except as provided in paragraph (b) of this Section, owned or operated by or for any of the following entities for the transportation of persons regularly enrolled as students in grade 12 or below in connect ion with any activity of such entity:
Any public or private primary or secondary school;
Any primary or secondary school operated by a religious institution; or
Any public, private or religious nursery school.
(b) This definition shall not include the following:
1. A bus operated by a public utility, municipal corporation or common carrier authorized to conduct local or interurban transportation of passengers when such bus is not traveling a specific school bus route but is:
On a regularly scheduled route for the transportation of other fare paying passengers; Furnishing charter service for the transportation of groups on field trips or other special trips or in connection with other special events; or
Being used for shuttle service between attendance centers or other educational facilities.
2. A motor vehicle of the First Division.
3. A motor vehicle designed for the transportation of not less than 7 nor more than 16 persons that is operated by or for a public or private primary or secondary school, including any primary or secondary school operated by a religious institution, for the purpose of transporting not more than 15 students to and from interscholastic athletic or other interscholastic or school sponsored activities.
(Source: P.A. 83-299.)
(625 ILCS 5/11-1414.1) (from Ch. 95 1/2, par. 11-1414.1) Sec. 11-1414.1. School transportation of students. (a) Every student enrolled in grade 12 or below in any entity listed in paragraph (a) of Section 1-182 of this Code who is transported in a seco nd division motor vehicle owned or operated by or for that entity, in connection with any official activity of such entity, must be transported in a school bus or a bus described in subparagraph (1) of paragraph (b) of Section 1-182.
(b) This Section shall not apply to any second division vehicle being used by such entity in a parade, homecoming or similar school activity, nor to a motor vehicle designed for the transportation of not less than 7 nor more than 16 persons while that vehicle is being operated by or for a public or private primary or secondary school, including any primary or secondary school operated by a religious institution, for the purpose of transporting not more than 15 students to and from interscholastic ath letic or other interscholastic or school sponsored activities. (Source: P.A. 83-299.)
Section 99. Effective date. This Act takes effect upon becoming law.