Interpretation ID: 22007.drn

Mr. Charles E. Carter
Fleet Sales Manager
DeRussy Motors
P.O. Box 2118
Bay St. Louis, MS 39521

Dear Mr. Carter:

This responds to your August 8, 2000, request for an interpretation whether it is permissible to sell a new 15-passenger van to a college or university for the transport of students. Assuming the college will be using the van to transport college students, the answer is yes.

Our statute defines a "schoolbus" as any vehicle that is designed for carrying a driver and more than 10 passengers and which, the National Highway Traffic Safety Administration (NHTSA) decides, is likely to be "used significantly" to transport "preprimary, primary, and secondary" students to or from school or related events. 49 U.S.C. 30125. We do not consider buses sold for the transportation of college-age students to be school buses.

I hope this information is helpful. If you have any further questions about NHTSA's programs, please feel free to contact Dorothy Nakama of my staff at this address or at (202) 366-2992.

Sincerely,

Frank Seales, Jr.
Chief Counsel

ref:VSA#571.3
d.9/27/00