Interpretation ID: 16958.drn

Mr. Richard L. England
Director of Finance and Operations
Lick-Wilmerding High School
755 Ocean Avenue
San Francisco, CA 94112

Dear Mr. England:

This responds to your request for an interpretation whether a Ford dealership can remove two seats from a new passenger van, before first sale to the customer, so that the van would no longer be classified as a bus. The response is yes, but if the Ford dealership does so, it is responsible for certifying that the altered vehicle meets the National Highway Traffic Safety Administration's (NHTSA's) safety standards applicable to multipurpose passenger vehicles.

Some background information may be helpful in understanding our regulations. Under 49 U.S.C. Chapter 301 Motor Vehicle Safety, NHTSA is authorized to issue Federal Motor Vehicle Safety Standards (FMVSSs) applicable to new motor vehicles, including school buses. In 1974, Congress amended this statute (then called the National Traffic and Motor Vehicle Safety Act) to direct NHTSA to issue FMVSSs on specific aspects of school bus safety. Under our regulations, a "bus" is any vehicle, including a van, that has a capacity of 11 persons or more. A "school bus" is a "bus" that is sold to transport children to or from school or school-related events. The Act requires that when a dealer sells or leases a new "bus" (a vehicle designed for 11 or more persons) to a school, that bus must be a certified school bus.

If a dealer permanently reduces the seating capacity of a bus to fewer than 11, the modified vehicle would no longer be a "bus." Because the dealer would not be selling a bus, the requirement to sell a school bus would not apply. However, a dealer modifying a vehicle in this manner would have other responsibilities as an "alterer" under our regulations (49 CFR 567.7). The dealer would be changing the vehicle's classification from "bus" to "multipurpose passenger vehicle" (MPV) and would have to certify that the vehicle meets NHTSA's safety standards for MPVs. I am, for your information, enclosing a copy of an April 2, 1996 interpretation letter to Sgt. Stephan C. Turner of the Michigan State Police, that addresses two hypothetical situations where a dealer changes the number of seats in a passenger van.

While NHTSA regulates the manufacture, sale and lease of new vehicles (including MPVs and school buses), this agency does not regulate used vehicles, or the use of vehicles. Therefore, how students are to be transported to and from school or school-related activities is determined by

State law. This is because the individual States, not the Federal government, have authority over the use of motor vehicles. However, use of vehicles other than school buses could result in increased liability in the event of an accident. You might wish to consult with your school's attorney and insurance company to discuss this matter. I must emphasize NHTSA's position that a vehicle meeting Federal school bus standards is the safest way to transport students. I encourage your school to give its most careful consideration to the possible consequences of transporting students in vehicles that do not comply with the school bus standards.

I hope you find this information helpful. If you have further questions, please contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992.

Sincerely,
John Womack
Acting Chief Counsel
Enclosure
ref:571.3#VSA
d.4/8/98