Those vehicles are required to meet all FMVSSs for school buses. NHTSA encourages dealers to obtain written confirmation from the purchaser that the vehicle will not be used in this manner for their records.įederal requirements regulate new vehicles that carry 11 or more people, which are sold for transporting students to or from school or school-related events. As a result, we advise dealers, prior to sale, to inquire whether buses purchased by these groups, or other entities who the seller believes may be purchasing the vehicle for pupil transportation, will be used significantly to transport students. Many entities in addition to schools provide school transportation, including child care centers, religious groups, community groups, and school transportation contractors. If a dealer sells or leases a vehicle that does not meet the federal school bus safety standards, and the dealer knows or has reason to know that the bus was to be used significantly to transport students, the dealer may be subject to substantial civil penalties under the Safety Act. Persons People selling or leasing a new school bus must sell or lease a bus meeting the federal school bus safety standards.
NHTSA’s school bus regulations require that if a new bus that is likely to be used significantly to transport preprimary, primary, or secondary school students to or from school or school-related events is sold, it must be certified to the federal school bus safety standards. NHTSA’s school bus regulations are also applicable to school transportation contractors who are purchasing new buses. The same is true of day care providers who also provide transportation to or from school.
This is because the new bus was sold for purposes that include carrying students to and from school or related events. The determining factor is whether the bus will likely be used significantly for pupil transportation to or from school or related events.įor example, if a church group purchases a new bus, and one of the purposes for purchasing the bus is to provide student transportation to school-related sporting events on multiple evenings in the school week, the person selling the new bus must sell it as a school bus. Under NHTSA’s school bus regulations, entities selling a new bus that is likely to be used significantly to transport students to preprimary, primary, or secondary school must sell a new “school bus.” The entity purchasing the bus, which will be providing the transportation, is not relevant for determining whether a school bus must be sold. The definition for NHTSA’s school bus regulations, which determines whether a new bus sold or leased for pupil transportation must be certified as meeting federal school bus standards, is unaffected by state definitions.īasically, the answer is yes.
The state definition determines which vehicles are subject to the state operational requirements for school buses. In addition to NHTSA’s federal definition of school bus, a state or school district may have a definition for school bus that differs from NHTSA’s definition, but that would not affect NHTSA’s requirements. The National Traffic and Motor Vehicle Safety Act (Safety Act) requires any person selling or leasing a new school bus to sell or lease a bus that meets all FMVSSs applicable to school buses. This definition can include vans, but does not include buses operated as common carriers in urban transportation. A bus is a motor vehicle that has capacity of 11 or more people (including the driver). For the purposes of NHTSA’s school bus regulations, a school bus is a “bus” that is sold or introduced into interstate commerce for purposes that include carrying students to and from school or related events.
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