The National Highway Traffic Safety Administration (NHTSA), an gency of the U.S. Department of Transportation, offers answers to the most commonly asked questions on the federal relationship with school transportation

Under federal statute, NHTSA has issued safety standards applicable to new motor vehicles, including school buses. Congress had directed NHTSA to require school bus manufacturers to meet safety standards on aspects of school bus safety, including joint strength, rollover protection, seating systems, fuel spillage and more. Each seller or lessor [of a new bus for school use] must ensure that the vehicle is certified as meeting these safety standards. But the federal government only has statutory authority to regulate the manufacture of new school buses.

As a consequence, vehicles that meet the school bus standards have more safety features providing greater occupant crash protection than do conventional buses.

State statutes that permit the use of conventional buses could result in school children being transported in vehicles that don't afford the same level of occupant protection as school buses. NHTSA believes that, while comparably-sized school buses may be more expensive than conventional buses, the increased level of safety justifies a higher cost. NHTSA's toll-free Auto Safety Hotline is (800) 424-9393.

Question: What is a school bus?

NHTSA: The National Highway Traffic Safety Administration (NHTSA), U.S. Department of Transportation, defines a bus as a motor vehicle designed to carry 11 or more persons (including the driver), and a school bus as a bus that is sold or introduced into interstate commerce for purposes that include carrying students to and from school or related events. This definition does not include buses operated as common carriers in urban transportation.

Question: What is a school related event?

NHTSA: A school related event is any activity sponsored by a school by a school, whether on or off the school grounds, including sports events, band concerts, field trips, and competitions such as debate or chess tournaments.

Question: To whom do the Federal Motor Vehicle Safety Standards (FMVSSs) apply?

NHTSA: The FMVSS apply to motor vehicle manufacturers and any person selling or offering for sale or lease a new motor vehicle. It is a violation of Federal law for any person knowingly to sell or lease a new vehicle for use as a school bus that does not comply with all FMVSSs applicable to school buses. The law provides substantial penalties for violation of the FMVSSs, including civil fines.

Question: Do the FMVSSs apply to the purchaser as well as the seller?

NHTSA: No. The FMVSSs regulate the manufacture and sale of only new motor vehicles, not the use of vehicles. Once a new vehicle is sold to the first retail purchaser, Federal requirements no longer apply, with certain narrow exceptions. The use of that vehicle is strictly a matter of State law.

Question: Do the school bus requirements apply to sales of buses to private schools?

NHTSA: Yes. NHTSA looks to the nature of the particular institution purchasing the bus. If the central purpose of the institution is the education of preprimary, primary, or secondary school students, whether public or private, new buses sold to the school must comply with the FMVSSs applicable to school buses.

Question: Does federal law require school buses to be yellow?

NHTSA: No. Federal law applies only to safety performance standards, and not to design standards or appearance. However, NHTSA provides recommendations for the States on various operational aspects of school bus and pupil transportation safety programs, in the form of Highway Safety Program Guideline No. 17, Pupil Transportation Safety. Among other matters, Guideline 17 recommends that school buses be yellow.

Question: Can the States change Federal requirements?

NHTSA: No. A State may not prescribe a standard for new vehicles c overing the same aspect of performance as a Federal Standard unless the State standard is identical to the Federal standard. However, a State may impose more stringent standards than Federal standards for vehicles obtained for the use of the State or one of its political subdivisions.

Question: Is a school or school district liable for not using complying school buses to transports students?

NHTSA: Possibly. This is a question of state law, so schools or school districts should consult their attorneys or insurance carriers on this question.

Source: NHTSA