Interpretation ID: nht91-5.37

DATE: September 6, 1991

FROM: Nikki G. Setzler --Setzler, Chewning & Scott, P.A.

TO: Ronald E. Ingle -- Chief, Safety Countermeasures Division, U.S. Department of Transportation, NHTSA

TITLE: NHTSA

ATTACHMT: Attached to letter dated 10-10-91 from Paul Jackson Rice to Nikki G. Setzler (A38; Part 571.3)

TEXT:

Our office represents a school district in South Carolina, which has two vans that it purchased used after 1977 and both vans are built to carry more than 11 passengers. These vans are used by the school district for various purposes, including the transportation of school children for school-related purposes, and/or activities. I have reviewed various documents and regulations with regards to the issue of whether or not the National Traffic and Motor Safety Vehicle Act of 1966 and/or the Highway Safety Act would preclude the district from using these two vans to transport school children when the vans were purchased used after 1977. I would appreciate it very much if you would advise me whether or not it is your interpretation that any provision of either Act or any regulation pursuant thereto would prevent the district from using these vans.