Interpretation ID: nht90-3.94

TYPE: Interpretation--NHTSA

DATE: September 10, 1990

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Edward Kultgen -- Secretary, Bird-Kultgen Ford-Volkswagen

TITLE: None

ATTACHMT: Attached to letter dated 5-29-90 from E. Kultgen to S.P. Wood (OCC 4843); Also attached to letter dated 5-10-82 from F. Berndt (Signature by S.P. Wood) to M.V. Chauvin; Also attached to letter dated 3-27-78 from J.J. Levin, Jr. to B. Nanninga ( VSA 102(14)); Also attached to letter dated 8-3-77 from J.J. Levin, Jr. to J.L. O'Connell (VSA 102(14)); Also attached to letter dated 7-12-77 from J.J. Levin, Jr. to J. Thomason (VSA 102(14))

TEXT:

This is in response to your letter to Stephen Wood of this office concerning the applicability of the National Traffic and Motor Vehicle Safety Act (Safety Act) to the sale of used vehicles used to transport students. Specifically, you asked whether sec tion 108(b)(1), or any other section of the Safety Act, applies to the retail sale of used vehicles. As an example, you gave a small, church-related school seeking to buy a used 15 passenger van for purposes that included the transportation of students. You also requested a definition of "student" as that term is used in determining the applicability of Federal requirements relating to school buses.

For purposes of this discussion, it is helpful to distinguish between two separate sets of regulations which may be applicable to school buses. The first set consists of the motor vehicle safety standards we issued under the Safety Act, and which apply t o the manufacture and sale of new motor vehicles. Under the Safety Act, manufacturers 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 a re not covered by Safety Act requirements. Thus, the used vans you asked about are not required by federal law to comply with the FMVSS when they are sold to subsequent purchasers.

The second set of regulations which may be applicable to school buses are a set of guidelines issued by this agency for State highway safety programs under the authority of the Highway Safety Act of 1966. These guidelines, called Highway Safety Program G uidelines, cover a wide range of subjects. Individual States have chosen to adopt some or all of these guidelines as their own policies governing their highway safety programs. In particular, Guideline No. 17, Pupil Transportation Safety, could affect t he use of used vehicles to transport students. A review of state law would determine which of the Guideline's recommendations have been adopted by Texas as a part of its highway safety program.

Your second question asked whether students enrolled in an MHMR developmental learning program, community college, church youth groups or after-school or summer day camps would be considered "students" in determining the applicability of the Federal stan dards. Although I cannot address the first example without knowing the nature of a "MHMR children's developmental learning program," I believe the remaining examples are discussed in the enclosed letters of interpretation issued by this office, includin g the May 10, 1982 letter to Martin Chauvin, the March 27, 1978 letter to Bill Nanninga, the August 3, 1977 letter to John O'Connell, and the July 12, 1977 letter to Jim Thomason.

I hope you find this information helpful. If you have further questions, please do not hesitate to contact David Greenburg of my staff, at (202) 366-2992.