Interpretation ID: aiam4107
Manager
Support Section
Oregon Department of Transportation
Motor Vehicles Division
1905 Lana Avenue N.E.
Salem
OR 97314;
Dear Mr. Ivie: Thank you for your letter concerning Oregon's new vehicle code. Yo asked us to review the code and comment on possible Federal preemption of Oregon's laws for motor vehicle equipment. We apologize for the delay in responding to your inquiry.; On March 19, Ms. Hom of my staff explained in a telephone conversatio that this office is unable to undertake a general review of your state vehicle code as you requested. It would be more appropriate if your legal department reviewed your requirements.; Your letter also requested a clarification of our regulatory definitio of a 'bus.' You asked whether we have a definition of a 'bus' separate from definitions for 'school buses' or 'commercial motor buses.' You appeared to question whether privately-owned passenger vans would be classified as buses since Oregon currently considers 15-passenger vans as either 'passenger vehicles' or 'trucks.'; NHTSA's regulatory definitions for motor vehicles, issued for purpose of the Federal motor vehicle safety standards, are set forth at 49 CFR Part 571.3. We define a 'bus' as a motor vehicle, except a trailer, designed for carrying more than 10 persons. This definition would include 15-passenger vans, and would thus apply to both commercial motor coaches and privately-owned 15-passenger vans.; Our definition of a 'bus' is separate from our 'school bus' definition While the latter term incorporates our 'bus' definition, it includes further criteria based on the intended use of the vehicle. Under Part 571.3, a 'school bus' is a bus that is sold for purposes that include carrying students to and from school or related events (excluding common carriers in urban transportation). If a new 15-passenger van were sold for school transportation purposes, it would be considered a 'school bus' and would have to comply with NHTSA's school bus safety standards.; For purposes of understanding the interaction between Federal and stat vehicle definitions, it is important to distinguish NHTSA's motor vehicle safety standards from state safety standards. State motor vehicle safety regulations apply to the sale and use of motor vehicles. Oregon's vehicle definitions are relevant for determining state requirements applicable to the sale and use of particular classes of motor vehicles. On the other hand, our regulations apply to the manufacture and sale of new motor vehicles, and our definitions specify categories of vehicles subject to appropriate Federal motor vehicle safety standards. New vehicles included within particular categories must be certified as complying with the safety standards applying to that vehicle type. The applicability of our safety standards to a vehicle is not altered by the fact that a vehicle type is classified differently under state law. Thus, although Oregon classifies 15-passenger vans as passenger vehicles or trucks, manufacturers of new 15-passenger vans must manufacture those vehicles to Federal safety standards for buses, or school buses if intended for school use.; I hope this information is helpful. Please contact my office if yo have further questions.; Sincerely, Erika Z. Jones, Chief Counsel