Interpretation ID: 86-4.21

TYPE: INTERPRETATION-NHTSA

DATE: 07/25/86

FROM: ERIKA Z. JONES -- CHIEF COUNSEL NHTSA

TO: WILLA BLACK KENNEDY -- JOINT INTERIM COMMITTEE ON PUBLIC TRANSPORTATION BUREAU OF LEGISLATIVE RESEARCH ARKANSAS

TITLE: NONE

ATTACHMT: LETTER DATED 04/01/86, TO ERIKA Z. JONES FROM WILLA BLACK KENNEDY, OCC - 0441

TEXT: Dear Ms. Kennedy:

This responds to your April 1, 1986, letter asking whether our regulations for school buses and transit buses apply to used school buses acquired to transport members of nonprofit organizations and churches. As I understand your letter, the Joint Interim Committee is especially interested in regulations pertaining to maintenance of used school buses and driver licensing. I regret the delay in responding to your letter.

As explained below, while NHTSA has a statutory provision relating to the repair and modification of used vehicles, our statutory provisions and standards generally apply to the manufacture and sale of new motor vehicles. Our requirements do not apply to the use of motor vehicles and we have no regulations directly applying to vehicle maintenance and driver licensing for buses other than school buses. However, we have issued recommendations for state pupil transportation programs that include guidelines for school bus maintenance and driver qualifications. I have enclosed a copy of those for your information.

For purposes of this discussion, it is helpful to distinguish between two separate sets of regulations we issued for buses. The first set consists of the motor vehicle safety standards we issued under the National Traffic and Motor Vehicle Safety Act of 1966 and apply to the manufacture and sale of new motor vehicles. Under the Vehicle Safety Act, manufacturers of new motor vehicles are required to certify that their new vehicles meet all applicable Federal motor vehicle safety standards, and sellers and lessors of new motor vehicles are required to sell or lease only complying vehicles.

Since NHTSA's standards do not apply to used motor vehicles--i.e., motor vehicles that have been purchased for the first time in good faith for purposes other than resale--or to the use of motor vehicles, sales transactions involving used school buses are not covered by Vehicle Safety Act requirements. Thus, the used school buses you asked about are not required by Federal law to comply with Federal motor vehicle safety standards when they are sold to subsequent purchasers.

While the sale or use of used motor vehicles is not directly regulated by NHTSA, modifications of used motor vehicles are subject to Vehicle Safety Act limitations. Section 108(a)(2)(A) of the Vehicle Safety Act provides, in part: "No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard . . . ." Thus, the repair or modification of used buses is subject to Federal regulation if commercial businesses are involved. Such persons are prohibited from modifying used vehicles in such a way that would negatively affect the safety provided by the Federally required safety features.

The second set of regulations applying to buses and school buses was issued by NHTSA under the Highway Safety Act of 1966. The Highway Safety Act authorizes NHTSA to make grants to the States. Each State administers its grants according to a highway safety program which is reviewed and approved by NHTSA each year.

Regulations implementing the Highway Safety Act include a number of "program standards" issued for states to adopt in their highway safety programs. These standards, which are more in the nature of guidelines, are recommendations for ideal or model safety programs. I have enclosed a copy of Highway Safety Program Standard No. 17, Pupil Transportation Safety, because it suggests requirements for school bus maintenance and driver qualifications which you might find helpful. Also, Standard No. 17 recommends that States not allow school buses that have been converted to be used for purposes other than transporting school students to be signed, painted, and equipped as school buses. A review of state law would determine which of the standard's recommendations have been adopted by Arkansas as part of its highway safety program.

In addition, the National Standards Division of the Bureau of Motor Carrier Safety will be able to provide you with information on regulations for the use of interstate motor carriers and driver licensing. You can contact them at 202-366-2981 or in Room 3404 at the address given above.

I hope this information is helpful. Please contact us if you have further questions.

ENCLOSURES

Sincerely,