Letters about Vans in School Service
from NHTSA's Interpretation Files

updated Dec. 14, 2005

What follows now is a series of NHTSA Interpretation Letters. These letters are particularly important in understanding the questions raised by school systems when they use vans to transport students that don't meet the federal laws and regulations that NHTSA administers. Before users look at any of these letters they should take a few minutes to read about Interpretation Files and why they are important?

Listen to what NHTSA says about the subject: "NHTSA's Chief Counsel interprets the statutes that the agency administers and the regulations that it promulgates. The Chief Counsel's interpretations, issued in the form of letters responding to questions from the motor vehicle industry and the public, represent the definitive view of the agency on the questions addressed and may be relied upon by the regulated industry and members of the public. These interpretations have always been available to the public in the agency's technical reference library. The World Wide web enables (NHTSA) to make them available through the Internet."

The Interpretations Database File is a collection of three databases contining Interpretation Letters issued by the agency's Chief Counsel. The files are kept on NHTSA's web server. The first is the Chief Counsel's database consisting of all Interpretation Letters issued since January 1988 when NHTSA first began storing information in an electronic format. In addition, General Motors Corporation and the Association of International Automobile Manufacturers have made their files available for Interpretation Letters issued prior to 1988.

The Interpretation Letters found here, about 60 letters altogether, all speak to the subject of vans in school service. Users wishing to research any of these databases for Interpretation Letters about other subjects should click here to visit the NHTSA web site. If you do so click the return button on your browser to return to the STN Home Page.

NHTSA issues a word of caution about these interpretations. According to the agency: "In attempting to use these interpretations to resolve a question, please be aware that they represent the views of the Chief Counsel based on the facts of the individual cases at the time the letter was written. Further, interpretations that are relevant to your situation may not be available on the web site. Consequently, if you are aware of a previous interpretation that appears to address your question, please cite that interpretation and present your question to the Chief Counsel. Do not assume that the interpretation applies to your situation. Critical factual differences may exist between your situation and those addressed in previous interpretations. Further, the Agency's standards and regulations change from year to year, and past interpretations may no longer be applicable."

Written requests for additional interpretations should be addressed to:


The Chief Counsel
National Highway Traffic Safety Administration, NCC-01
400 7th Street, SW
Washington, D.C. 20590


FAX: (202) 366-3820; Phone: (202) 366-3820


Users may also send an interpretation request
by E-Mail to: Office of the Chief Counsel

2005

11/17/2005 letter: Letter to NAPT reiterating the new federal law signed by President George W. Bush on Aug. 10, 2005 under the name Safe, Accountable, Flexible, Efficient Transportation Equity Act - A Legacy (SAFETEA-LU) providing for new civil penalties for the illegal sale or lease of new 15-passenger vans for student transportation: up to $10,000 per single offense and up to $15 million for a series of offenses.

11/4/2005 letter: Letter to U.S. Representative J. Randy Forbes of Virginia on behalf of a constituent seeking clarification if a residential group home is considered a school and must use school buses rather than nonconforming vans.

3/14/2005 letter: Letter to transportation administrator in St. Paul, Minn., confirming, as of that date, no change in NHTSA's 1998 position approving the use of 15-passenger vans by the district's Early Childhood Family Education (ECFE) program because the program was not considered a "school" and thus not required to use school bus vehicles.

2003

10/1/2003 letter: Letter in response to an Indiana church inquiring about 15-passenger vans use, rollover risks of 15-passenger vans, and if there is a Federal law "prohibiting use of 15-passenger vans for transporting students (K-12) to and from school."

9/10/2003 letter: Response to U.S. Representative from North Carolina on church use of nonconforming vans.

2000

9/26/2000 letter: Letter offering clarification of the effect of Federal school bus regulations on the sale of an "over-the-road activity bus" (motorcoach) to a Kansas school district.

9/25/2000 letter: Letter to School Transportation Unit of the California Dept. of Education outlining NHTSA's explanation of why the Saf-T-Bar, an amusement park type restraint system by Majestic Transportation, does not comply with federal school bus safety regulations.

4/26/2000 Inquiry from a church regarding the use and safety standards applicable for 11-15 passenger vans.

1999
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4/2/99 letter: To the director of Creative Child Care involving to the sale of new, large vehicles to child care centers that transport school children to and from school.

4/7/99 letter:Request from attorney about bus purchase for a Head Start Agency in Montgomery County, Ohio that with 4,000 pre-school children.

3/31/99 letter: Reply to Congressman Doug Bereuter who inquired regarding child care centers that have found it difficult to purchase vehicles to transport children to and from school and school-related activities.

3/31/99 letter: Response to an inquiry about a regulation which "prohibits the sale of commercial vans with a capacity of eleven or more to child care centers that transport children to or from school and school-related activities and Head Start programs."

10/22/99 letter Inquiry about the use of 15 passenger vans for the transportation of children to or from preschool through grade 12.

1998
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9/3/98 letter: Inquiry from car dealership whether it may lease new Ford Super Club Wagons (seating a driver and 14 passengers) to schools to transport students to and from school-related events.

8/3/98 letter: To State Directors Association president about the use of 12 to 15-passenger vans by child day care providers to drop off and pick up school children from school.

7/17/98 letter: Attorney for YMCA inquires about car dealers' refusals to sell 15-passenger vans to YMCAs that drop off and pick up school children from school. Also asks for clarification of the circumstances when buses are considered "school buses" under Federal law.

7/17/98 letter: To Chicago YMCA about use of 15-passenger vans.

7/7/98 letter: Depending on use, van may be an MPV instead of a school bus.

6/1/98 letter: 15-passenger vans used by a dance studio are considered a school bus.

5/22/98 letter: NHTSA permits recertification of two Goshen Coach "school buses."

NHTSA Issues New Interpretation about Vans to Child Care Industry: In May, 1998 the National Child Care Assocation (NCCA) requested NHTSA to clarify its new interpretation extending Federal school bus safety standands to child care centers using large passenger vans to transport children. At a Capital Summit with the association, NHTSA announced it had rescinded its longstanding interpretation that child care facilities are not schools and thus not subject to Federal school bus safety regulations. In this important letter NHTSA explains, "If a bus will be used significantly for transporting children to or from school, such a vehicle is a bus, even if the purchaser is a child care facility." NCCA issued a press release to its members explaining this new development.

2/12/98 letter: The purchase, sale, and use of motor vehicles used to transport students to and from school and related events.

1/8/98 letter: Requesting elaboration of Administrator Martinez letter of 11/10/97.

1997
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10/14/97 letter: Inquires about the difference in the definitions of "schoolbus" at 49 U.S.C. §30125 and at 49 CFR § 571.3

9/30/97 letter: A car dealer seeks clarification of definitions of "schools" he should not sell to.

9/2/97 letter:Inquiry about NHTSA views on using fifteen-passenger vans to transport school children for activities sponsored by school district.

6/19/97 letter: Can a Wisconsin school district lease 12-passenger vans for "various activities."

1996
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4/26/96 letter: Inquires about the term school "related activities"

4/17/96 letter: Explaining effect of differing state and federal definitions of school buses and obligation of vehicle dealers.

4/2/96 letter: How do Federal regulations apply to full-size passenger vans used for school transportation?

1/17/96 letter: About seat belts in school buses and the use of 15-passenger vans as school buses.

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