February 2002
Frequently Asked Questions About
Federal School Bus Safety Requirements

QUESTION: What is a school bus?

The National Highway Traffic Safety Administration (NHTSA), U.S. Department of Transportation, defines a “bus” as a motor vehicle designed to carry more than 10 persons, 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.” “School” includes private schools as well as public schools. A school bus must be certified by its manufacturer as meeting all Federal Motor Vehicle Safety Standards (FMVSSs) applicable to school buses. “School buses” do not include buses operated as common carriers in urban transportation.

QUESTION: What is a school-related event?

A school-related event is any activity sponsored 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 FMVSSs apply?

NHTSA’ s statutory authority extends to 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 bus for use as a school bus if the bus does not meet all school bus FMVSSs. The law provides substantial civil penalties for selling a new non-school bus for use as a school bus.

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

No. NHTSA’s laws regulate the manufacture and sale of motor vehicles, not the use of vehicles. Therefore, a purchaser, including a school, can purchase and use any vehicle it wants, whether new or used, for whatever purpose it wants, subject to State law.

QUESTION: How can I tell if a bus meets NHTSA’s school bus safety standards?

Look for the certification label on the bus, usually located on the door near the driver’s seat. If the bus meets NHTSA’s school bus standards, it states: “This vehicle conforms to all applicable U.S. Federal motor vehicle safety standards in effect on the date of manufacture shown above” and states “school bus” (not simply “bus”) as the vehicle classification.

QUESTION: Do the school bus requirements apply to dealers that sell new buses to day care centers and other institutions?

Yes, if the dealer knows that the buses will be used to transport children between the institution and a school. NHTSA looks at the purpose for which the new bus is sold, not at the buyer’s status. If a dealer knows the new bus is sold for the purpose of transporting pre-primary, primary, or secondary school students, new buses sold or leased to the institution must meet NHTSA’s school bus FMVSSs.

QUESTION: Are dealers required to sell school buses to colleges?

No. The school bus requirements do not apply to sales for the purpose of transporting post-secondary school students such as college students, adult education participants, or post-high school vocational students.

QUESTION: Does Federal law require school buses to be yellow?

No. State and local governments establish policy for school bus color. However, NHTSA provides recommendations to the States on operational aspects of school bus and pupil transportation safety programs, in the form of Highway Safety Program Guideline No. 17, Pupil Transportation Policy. Among other matters, Guideline 17 recommends that school buses be yellow.

QUESTION: Can the States change Federal requirements?

No. A State may not permit the sale of a new non-school bus for pupil transportation when the sale of the vehicle would be impermissible under Federal law.

QUESTION: Is a school or school district liable for not using school buses?

Possibly. As stated above, Federal laws do not extend to the use of school buses. However, a school or school district may be liable for damages for not using a school bus to transport students and a crash occurs in which students are killed or injured. This is a question of State law, however, so schools or school districts should consult their attorneys or insurance carriers on this question.