April 26, 1996

Mr. Mike Graham
Business Administrator
Damascus Community Church
14251 S.E. Rust Way
Boring, OR 97009

Dear Mr. Graham:

This responds to your letter to Mr. James Hedlund, the National Highway Traffic Safety Administration's (NHTSA's) Associate Administrator for Traffic Safety Programs, asking about the term school "related activities" included in NHTSA's August 1995 bulletin, "Frequently Asked Questions About Federal School Bus Safety Requirements." The term derives from the definition of "school bus" in the federal statute administered by NHTSA.

"Schoolbus" is defined at Title 49 of the United States Code, section 30125(a)(1) as:

a passenger motor vehicle designed to carry a driver and more than 10 passengers, that the Secretary of Transportation decides is likely to be used significantly to transport preprimary, primary, and secondary school students to or from school or an event related to school. (Emphasis added.)

NHTSA's safety standards are codified at Title 49 of the U.S. Code of Federal Regulations, Part 571. At Part 571.3, Definitions, we define "school bus" as:

a bus that is sold, or introduced in interstate commerce, for purposes that include carrying students to and from school or related events, but does not include a bus designed and sold for operation as a common carrier in urban transportation. (Emphasis added).

Your letter specifically refers to the "Federal Motor Carrier Safety Regulations." These are promulgated by the Federal Highway Administration (FHWA), our sister agency in the U.S.Department of Transportation. For further information about the motor carrier safety regulations, please contact the FHWA Chief Counsel's office at (202) 366-0740.

I hope this information is helpful. If you need any further information, please contact Dorothy Nakama of my staff at this address or at (202) 366-2992.

Sincerely,


Samuel J. Dubbin, Chief Counsel

ref:vsa d:4/24/96