Interpretation ID: aiam3987
P.E.
Corporate Engineering
Collins Industries
Inc.
P.O. Box 58
Hutchinson
KS 67504-0058;
Dear Mr. Nash: This responds to your May 20, 1985 letter to Mr. Francis Armstrong o the Office of Vehicle Safety Compliance, National Highway Traffic Safety Administration (NHTSA). Your letter has been referred to my office for reply.; You asked whether you are correct in certifying a van as a multipurpos passenger vehicle (MPV) if the van carries less than 10 passengers but has the lighting and identifying marks of a school bus. The answer to your question is yes.; I would like you to keep in mind that NHTSA has two sets o regulations, issued under different acts of Congress, which have a bearing on your situation. The first of these is the regulations for the manufacture and sale of new motor vehicles and new motor vehicle equipment, issued by us under the authority of the National Traffic and Motor Vehicle Safety Act of 1966. The second set of regulations is the highway safety program standards issued by us under the Highway Safety Act of 1966. The highway safety program standards cover a wide range of subjects and are consider for Federal funding of state highway safety programs. The yellow paint and black markings of school buses are features of school bus safety covered by the program standard for pupil transportation safety.; We promulgated the following definition of a MPV, as found in 49 CF S571.3, under the authority of the Vehicle Safety Act:; >>>'Multipurpose passenger vehicle' means a motor vehicle with motiv power, except a trailer, designed to carry 10 persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation.<<<; You are thus correct in certifying a van as a MPV if it carries les than 11 persons, including the driver. This is the case even if the MPV has the yellow paint and black trim of a school bus. You must certify your MPV as meeting all motor vehicle safety standards applicable to MPV's. You may also voluntarily manufacture the MPV in compliance with the requirements of our school bus safety standards, as long as the vehicle continues to comply with our standards for MPV's.; New vans carrying 11 or more persons (i.e., 10 or more passengers) ar 'buses' under NHTSA's definition of a 'bus.' We define 'bus' as 'a motor vehicle with motive power, except a trailer, designed for carrying more than 10 persons' (49 CFR S571.3). Regardless of how they are painted or marked, new buses that are sold for purposes that include carrying school children must be certified as meeting our school bus safety standards.; You should also note that the color and other identifying features of school bus are aspects of school bus safety covered by Highway Safety Program Standard (HSPS) No. 17, *Pupil Transportation Safety*. Individual states have chosen to adopt some or all of the highway safety program standards issued by NHTSA for their own highway safety programs. A state's implementation of HSPS No. 17 would affect the operation and identification of school vehicles to the extent of its implementation of the standard's recommendations. A copy of the standard is enclosed for your information.; Please contact me if you have further questions. Sincerely, Jeffrey R. Miller, Chief Counsel