The Use of Non-School Buses for School Transportation
Department of Transportation/
National Highway Traffic Safety Administration (NHTSA)

The National Highway Traffic Safety Administration (NHTSA), part of the U.S. Department of Transportation, is authorized to issue and enforce Federal motor vehicle safety standards (FMVSSs) applicable to new motor vehicles. NHTSA's statute at 49 U.S.C. §30112(a) requires any person selling or leasing a new vehicle to sell or lease a vehicle that meets all applicable standards. Accordingly, dealers selling or leasing a new "school bus" must sell or lease a vehicle that meets the safety standards applicable to school buses.

NHTSA's statute defines a "school bus" as any vehicle that is designed for carrying a driver and more than 10 passengers and which, NHTSA decides, is likely to be "used significantly" to transport "preprimary, primary, and secondary" students to or from school or related events (which include school-sponsored field trips and athletic events). 49 U.S.C. §30125. This definition was enacted in 1974, as part of a comprehensive effort by Congress to increase school bus safety. By NHTSA's regulation, the capacity threshold for school buses corresponds to that of buses -- vehicles designed for carrying more than ten (10) persons. This means, for example, that NHTSA categorizes a 15-passenger van (designed for carrying more than 10 persons) as a "bus."

Most vehicles used to transport students fall within the definition of "school bus." More specifically, any new "bus" sold to a school district, or to a private school, is considered to be a "school bus" when sold for pupil transportation, and as such must comply with NHTSA's school bus safety standards. A dealer or distributor who sells a new bus that does not meet NHTSA's school bus standards is subject to penalties under the statute.

Some of the FMVSSs have additional requirements that apply to school buses, but do not apply to non-school buses. Also, some FMVSSs apply only to school buses. As an example of the former, additional exterior flashing lights and reflective tape are required to make these vehicles more visible and alert other motorists that school children may be in the roadway when a school bus is stopped. For the latter, school buses must be equipped with stop arm devices to reduce the instances where other motorists pass stopped school buses. Furthermore, school buses must provide crash protection in areas where pupils are seated.

Because NHTSA's laws generally apply only to manufacturers and dealers of new motor vehicles, NHTSA does not regulate a school's use of a bus to transport school children, even when the bus does not meet Federal school bus safety standards. Each State has the authority to set its own standards regarding the use of motor vehicles, including school buses. A school should contact State authorities to determine if it is legal to operate a non-school bus for school transportation.

A school district or private school can be sold a used bus, even when the bus could not be sold when new. This is because NHTSA's requirement to sell vehicles that meet applicable safety standards does not apply to the sale of a motor vehicle "after the first purchase of the vehicle ... in good faith other than for resale," i.e., to sales of used vehicles.

Nonetheless, because school buses are one of the safest forms of transportation in this country, NHTSA strongly recommends that all buses used to transport school children be certified as meeting NHTSA's school bus safety standards. In addition, using buses that do not meet NHTSA's school bus standards to transport students could result in liability in the event of a crash. If, under your State law, it is legal to operate a non-school bus for school transportation, the school is advised to contact its attorney to determine its potential liability in the event a student is injured or killed in a crash involving use of a non-school bus.

NHTSA's belief that vehicles providing the safety of school buses should be used whenever transporting children in buses is shared by the National Transportation Safety Board (NTSB). At a June 8, 1999, public meeting, the NTSB issued an abstract of a special investigative report on nonconforming buses. The NTSB issued the report after investigating four crashes in 1998 and 1999 in which 9 people were killed and 36 injured when riding in "nonconforming buses." NTSB defines "nonconforming bus" as a "bus that does not meet the FMVSSs specific to school buses." Most of the victims, including eight of the fatalities, were children.

Further information:

• NHTSA School Bus Safety Program Website: http://www.nhtsa.dot.gov/people/injury/buses/

• NHTSA Homepage: http://www.nhtsa.dot.gov/

• Office of the Chief Counsel National Highway Traffic Safety Administration 400 Seventh St., S.W. Rm. 5219 Washington, D.C. 20590 Telephone: (202) 366-2992

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