Interpretation ID: nht87-2.54

TYPE: INTERPRETATION-NHTSA

DATE: 07/17/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Ms. Marsha Jay

TITLE: FMVSS INTERPRETATION

TEXT:

Ms. Marsha Jay Administrative Assistant Texas Automobile Dealers Association P. O. Box 1028 Austin, TX 78767-1028

Dear Ms. Jay:

This responds to your June 5, 1987, letter on behalf of a member of your association who wishes to sell a 12-passenger van to a school. In a June telephone call, you asked also about our requirements for persons reducing the passenger capacity of a new b us to nine or fewer.

As explained below, a 12-passenger van sold to a school is a "school bus." The dealer who sells such a van to a school must therefore sell a certified school bus.

The National Traffic and Motor Vehicle Safety Act authorizes this agency to establish safety standards for new motor vehicles. Under our regulations, a new vehicle designed for carrying 11 or more persons (including the driver) is considered to be a "bus ," and is considered to be a "school bus" if sold for school-related purposes. A new "school bus" must meet all Federal safety standards applicable to buses, and also those specifically applicable to "school bus," including Standard 217, Bus Window Reten tion and Release, Standard 222, School Bus Passenger Seating and Crash Protection, and Standard 301, Fuel System Integrity. The Act requires each person selling a new school bus to ensue that the nonconforming bus for school bus use will subject the sell er to a civil penalty of up to $1000 for each vehicle and up to $800,000 for a related series of violations.

You specifically asked about our safety belt requirements for 12-passenger school buses. Safety Standard No. 222 requires safety belts only for passengers on each school bus with gross vehicle weight rating (GVWR) of 10,000 pounds or less. The Driver's s eating position in any bus, regardless of its GVWR, must have a safety belt under a separate standard for occupant crash protection. Since you are interested in reviewing the standards which apply to small school buses, I have enclosed an information she et that describes how you can obtain copies of our safety standards and other regulations.

Federal law does not prohibit a dealer from removing seats from a 12-passenger bus, However, Federal law sets limits on how the alteration may be made. A dealer restricting the passenger capacity of a new bus to 9 or fewer before the vehicle is sold or d elivered to the owner is considered as "alterer" under our regulations. (49 CFR S567.7, Requirements for Persons who Alter Certified Vehicles.) Such an alteration changes the vehicle's classification to that of a multipurpose vehicle (MPV). As a result, the person modifying the new vehicle would be required to certify that the vehicle complies with all of the standards applicable to MPV's. Among other things, this would entail the installation of safety belts at all seating positions.

I hope this information is helpful. Please contact me if we can be of further assistance.

Sincerely,

Erika Z. Jones Chief Counsel

Ms. Deirdre Hom NHTSA Office of Chief Counsel Room 5219 400 7th St. S. W. Washington D. C. 20590

Dear Ms. Hom:

I spoke to someone in your office recently regarding Federal Regulations concerning the use of multi-purpose passenger vehicles being used to transport children. One of our dealers would like to sell twelve-passenger vans which would be used to transport school children. He has questioned the rules and regulations regarding the following:

1. Seat Belts

2. Other Safety Standards

3. Seller liability, provided that the vehicles comply with Federal Standards.

I will relay this information to our dealer as soon as I receive it from you. Your help in this matter is very much appreciated.

If you have any questions, please do not hesitate to call.

Sincerely,

Marsha Jay Administrative Assistant