Interpretation ID: 1984-4.5

TYPE: INTERPRETATION-NHTSA

DATE: 12/14/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Minot Public Schools -- Gary D. Brevig

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Gary D. Brevig Minot Public Schools 215 Second Street S.E. Minot North Dakota 58701

This responds to your letter to the National Highway Traffic Safety Administration (NHTSA) which we received on October 19, 1984. Your letter enclosed a prior letter you wrote on December 6, 1983 which, we regret, we never received. You asked several questions about the Federal school bus safety standards and the use of 12 to 16 passenger vans and Greyhound-type buses for extracurricular activities.

Our answers immediataly follow your questions which we have restated below.

1. Are 12 to 16 passenger vans illegal to use for extracurricular activities? Under the National Traffic and Motor Vehicle Safety Act, it is unlawful to sell a new vehicle with a capacity of more than 10 persons that will be used to transport school children to and from extracurricular activities, unless the vehicle conforms to the school bus safety standards issued under the Act. Under the Act, all vehicles designed to carry more than 10 persons which are significantly used to transport school children to or from schools or events related to such schools must be certified as meeting those safety standards. Ordinary passenger vans are not certified as doing so, and therefore cannot be sold for such use.

Strictly speaking, it is not "illegal" for schools to use ordinary 12 ta 16 passenger vans which are not certified to the school bus safety standards. It is only illegal for a manufacturer or dealer to sell such a vehicle to a school knowing that the school will use it to transport students. However, we caution schools using these vehicles that they may be unable to insure them, and they may be responsible for significantly increased liability in the event of an accident.

2. If conventional 12 to 16 passenger vans are illegal, can we remove a seat to make them conform to the 10 passenger size limit of Type II vehicles?

As we said in our answer to your question, it is not unlawful under the Vehicle Safety Act for you to operate conventional 12 to 16 passenger vans to carry students. If you own a van of this size, there would be no statutory reason for you to remove a seat.

Keep in mind, however, that a dealer who sells you a van designed to carry more than 10 persons must see to it that the vehicle conforms to the school bus safety standards. If the dealer removes a seat, so that the vehicle would no longer have the seating capacity to be a school bus, he would

thereby convert it into a multipurpose passenger vehicle and would face the need to meet the standards applicable to that category of vehicle including the installatian of safety belts for all seats.

Our regulations do not prohibit an owner, such as a school, from modifying its own vehicles in any way it chooses. The school need not assure that the vehicle complies with any safety standards. Again, however, we urge you to consider the possibility of substantial liability if such a vehicle is involved in an accident. You may want to discuss this matter with your attorney and insurance company.

3. Are Greyhound-type buses legal to use or own? If not, why?

As discussed above, under the Vehicle Safety Act requires buses sold to transport school children to or from extracurricular activities to be certified as meeting the school bus safety standards. Greyhound-type buses as currently manufactured cannot be certified as doing such, and therefore cannot be said for use as a school bus.

4. Would it be legal to go to Hertz and rent a 12 passenger van to send the FFA to their national convention?

We assume that you are asking whether a school may rent a vehicle on a one time basis to meet an unusual school need. The answer is yes. Nothing precludes a school from renting any vehicle on a one time or very occasional basis. This type of rental vehicle would not be "significantly used" to transport school children and, therefore, would not be a school bus according to the definition cited above.

5. Would it be legal to send a bus load of choir students on a spring trip to Denver by chartering Greyhound?

As explained in our answer to your fourth question, renting a Greyhound bus on an occasional basis, such as the case appears to be here, would not be prohibited.

6. Is it legal to contact your local charter bus company to take your basketball team to its game 250 miles away?

As indicated above, a vehicle may be rented on an occasional basis to meet a school need which cannot be met using conventional school buses. However, a long term relationship between a charter bus or leasing company and a school to provide transportation to school events constitutes a "significant use," within the meaning of the Vehicle Safety Act. Thus, a dealer cannot sell a bus to a charter bus company if the dealer knows that the bus will be used to provide school transportation to basketball games on a regular basis unless the bus is certified as meeting the Federal school bus safety standards.

Your final question asked whether there are any forthcoming regulations or amendments pertaining to the questions you have asked. Currently, we do not anticipate rulemaking actions pertaining to the definition, certification and use of school buses.

If you have further questions, please do not hesitate to write.

Sincerely, Original Signed by Frank Berndt Chief Counsel