Interpretation ID: aiam4358
New York City Office of the Comptroller
Bureau of Management Audit
161 William Street
New York
NY 10038;
Dear Mr. Fogel: This responds to your March 6, 1987 letter to my office asking whethe we consider a 'Mobile Instructional Unit' (MIU) to be a 'school bus.' You wish to know whether Federal school bus safety standards apply to such a vehicle. You have asked, in addition, whether the Federal motor vehicle safety standard on hydraulic brakes applies to an MIU. It is my opinion that the MIU is not a school bus under the applicable Federal law and regulations and is thus not required to meet the school bus standards. If the MIU is equipped with air brakes, it is not subject to the hydraulic brake standard.; The background information you provide explains that the MIU is self-propelled unit built on a new or used school bus chassis. MIU's are 'completely self-contained with all furnishings, (including desks for 10 pupils).' When an MIU is built with a used chassis, the Board of Educator's contractor guts the interior of the bus and constructs a classroom facility within the shell. According to your letter, the MIU's are never used to transport pupils: 'The empty vehicle is driven to the site by the contractor where it is parked and then pupils and teacher enter the vehicle. At the end of the day after instruction, the pupils and teacher disembark and the empty vehicle is driven back to the garage by the contractor.'; Our agency has the authority under the National Traffic and Moto Vehicle Safety Act of 1966 (15 U.S.C. 1381- 1431) to issue safety standards for new motor vehicles. We have issued several standards which apply to school buses, a class of vehicle defined by the Act as 'likely to be significantly used for the purpose of transporting primary, preprimary or secondary school students to or from schools or events related to such schools.' (15 U.S.C. 1391(14)) The bus from which an MIU is built would have had to comply with the school bus standards at the time of its original manufacture. As long as a bus continues to be used as a school bus, the law does not allow a contractor to modify it in a way that takes it out of compliance with the school bus standards. (15 U.S.C. 1397(a)(2)(A)) However, if the bus is modified so that it will no longer be used to transport students, it ceases to be a school bus and does not have to continue to meet the standards applicable exclusively to school buses. In the case of the MIU, it seems clear that the vehicle would no longer be suitable for transporting students to or from school. The MIU would thus not have to meet the school bus standards.; Although the school bus standards would not apply, the MIU woul continue to be a motor vehicle and would continue to be subject to other standards under the Act. You have asked about the applicability of Standard No. 105, *Hydraulic Brakes*. Since the buses from which the MIU's are built were originally equipped with air brakes, the hydraulic brake standards would not apply to them. However, these is a separate standard for air braked vehicles, Standard No. 121, a copy of which I have enclosed. If the contractor built an MIU in a way that impaired the air brake system, he or she might be in violation of the Act. The contractor would also have to ensure that several other regulated safety systems -- the windshield wipers, the driver's safety belt, etc. -- remained operative.; MIU's built with new chassis also fall outside the ambit of the Safet Act's school bus definition. Since they are not school buses under Federal law, the MIU's are not subject to our school bus safety standards. However, the MIU's would be subject to other standards, including Standard No. 121 for air braked vehicles. The contractor should be able to inform you of the compliance of the vehicles with applicable Federal safety standards.; Since you may be interested in reviewing the standards which apply t vehicles such as the MIU, I have enclosed an information sheet that describes how you can obtain copies of our safety standards and other regulations.; I hope this information is helpful. Please contact me if you hav further questions.; Sincerely, Erika Z. Jones, Chief Counsel