Interpretation ID: 18026a.drn

Frederick W. Rentschler, President
Rentschler Chrysler-Plymouth Chevrolet-Geo
N. Walnut Street
Slatington, PA 18080

Dear Mr. Rentschler:

This responds to your request for an interpretation whether a dealer may sell a new van that seats fewer than 11 persons to a school, for use in transporting school children. Such a van is a multipurpose passenger vehicle (MPV) under our regulations. As explained below, the National Highway Traffic Safety Administration (NHTSA) does not prohibit a dealer from selling a new MPV for such a purpose.

By way of background, NHTSA is authorized to issue and enforce Federal motor vehicle safety standards applicable to new motor vehicles, including school buses. Any person selling a new vehicle must sell a vehicle that meets all applicable standards. Under our regulations, a "bus" is a vehicle that has a seating capacity of 11 persons or more. A "school bus" is a "bus" that is sold for purposes that include carrying school children to or from school or related events (49 C.F.R. 571.3). Because any new "bus" that is sold for pupil transportation purposes is a "school bus," the school bus standards apply, and any person selling such a vehicle must ensure that the vehicle is certified as meeting our school bus standards.

We do not require, however, that only school buses can be sold for pupil transportation. Under our regulations, a van that seats fewer than 11 persons is an "MPV," which is defined in 571.3 as a motor vehicle "designed to carry 10 persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation." An MPV is a different type of vehicle than a bus or a school bus, and must meet safety standards that apply to MPVs. Dealers selling new MPVs must be sure to sell vehicles that have been certified to the MPV standards. Manufacturers may voluntarily manufacture MPVs to meet school bus standards on aspects of performance that do not conflict with MPV standards, such as emergency exits, joint strength, and roof crush.

Please note that Federal law and NHTSA's safety standards directly regulate only the manufacture and sale of new motor vehicles, not their use. Each State is free to impose its own standards regarding use of motor vehicles for pupil transportation, including MPVs or school buses.

NHTSA has issued guidelines for States to use in developing their highway safety programs. NHTSA has issued Highway Safety Program Guideline 17, Pupil Transportation Safety (copy enclosed), to provide recommendations on various operational aspects of State school bus and pupil transportation safety programs. Each State determines the extent to which it adopts the recommendations in Guideline 17.

For information on Pennsylvania's requirements on transportation of school children, please contact Pennsylvania's State Director of Pupil Transportation:

I hope this information is helpful. If you have any further questions, please feel free to contact Dorothy Nakama at this address or by telephone at (202) 366-2992.

Sincerely,
Frank Seales, Jr.
Chief Counsel
d.7/7/98

ref: VSA102(14)#Part 571.3, "multipurpose passenger vehicle"# Part 571.3 "school bus only"