Interpretation ID: nht95-3.54

TYPE: INTERPRETATION-NHTSA

DATE: July 25, 1995

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: The Honorable Paul David Wellstone -- United States Senator

TITLE: NONE

ATTACHMT: ATTACHED TO 5/4/95 LETTER FROM PAUL DAVID WELLSTONE TO REGINA SULLIVAN

TEXT: Dear Senator Wellstone:

Thank you for your letter enclosing correspondence from your constituent, Ms. Kris Solberg, concerning our requirements for school buses. Your letter was referred to the National Highway Traffic Safety Administration (NHTSA) for reply, since NHTSA admin isters the Federal regulations for school buses.

Ms. Solberg, principal of Grace Christian School, asks that our "school bus" definition be narrowed so that it only encompasses vehicles carrying more than 15 passengers. Ms. Solberg believes that, at NHTSA's urging, Minnesota recently amended its schoo l bus definition to include vehicles carrying 15 passengers. She states that, as a result of this change, schools cannot use conventional 15-passenger vans to transport students to school events, even though the vans are "safe enough."

I appreciate this opportunity to address your constituent's concerns. The short answer to Ms. Solberg's question is that NHTSA cannot narrow the "school bus" definition as she requests because the definition was set by Congress. Further, for safety rea sons, we do not agree that the definition should be changed.

As Ms. Solberg's letter suggests, school bus regulations exist on the Federal and State levels. On the Federal level are NHTSA's school bus regulations. NHTSA regulates the manufacture and sale of new motor vehicles by issuing Federal motor vehicle safe ty standards (FMVSSs) that each new vehicle must meet when sold. In 1974, Congress directed NHTSA to require new school buses to meet FMVSSs on specific aspects of school bus safety, including floor strength, seating systems, and crashworthiness. Congr ess also defined a "school bus" as a passenger motor vehicle "designed to carry more than 10 passengers in addition to the driver, and which . . . is likely to be significantly used for the purpose of transporting primary, preprimary, or secondary school students to or from such schools or events related to such schools." (Emphasis added.) Since the school bus definition was set by Congress, NHTSA is unable to revise it to exclude 15-passenger vans.

Further, we do not agree that the definition should be narrowed to exclude vehicles. School bus-type vans have more safety features providing occupant crash protection than do conventional full-size vans. Narrowing the definition could result in school children being transported in vehicles that are not as safe as the vehicles used today. NHTSA believes that, while school bus vans are slightly more expensive than conventional 15-passenger vans, the increased level of safety justifies the higher costs . Thus, we recommend against changing the Federal definition of a "school bus." While the Federal government regulates the manufacture and sale of new motor vehicles, the States regulate the use of vehicles. According to Ms. Solberg's letter, Minnesota has decided to adopt NHTSA's "school bus" definition into its regulations. In d oing so, under Minnesota law, if a school wishes to use a 15-passenger van to carry students, the van must meet school bus safety standards.

NHTSA does not require States to adopt our "school bus" definition. However, we strongly support any decision by a State to do so. This agency attaches the utmost importance to the use of the safest possible means to transport school children. While s chool buses have always been among the safest methods of transportation, the safety record of school buses has further improved in the years since buses began to be manufactured in accordance with the school bus safety standards.

I hope this information is helpful. If you have any further questions, please contact me at (202) 366-2992.