Interpretation ID: nht72-4.29

DATE: 09/12/72

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Cody Chevrolet Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of August 1, 1972, to the attention of Mr. Jerome Palist of our White Plains, New York Office, concerning certification requirements for a vehicle which you describe and indicate will be used by a college to transport ball teams and school personnel, but will not be equipped with flashing lights or other special school bus equipment. You apparently wish to know whether you must consider this vehicle as a school bus for purposes of certification to Federal requirements.

"School bus" is defined in the motor vehicle safety standards to mean a bus "designed primarily to carry children to and from school, but not including buses operated by common carriers in urban transportation of school children" (49 CFR 571.3). Based upon the description you provide, the NHTSA would not consider the vehicle you describe to be a school bus. For purposes of certification to Federal requirements (49 CFR Parts 567 and 568), therefore, "gross vehicle weight rating" should not be computed under the minimum values specified for school buses. In addition, the requirement that vehicle type be inserted on the certification label should be met by inserting, "BUS."

This letter should not be construed to mean that the NHTSA takes a position as to whether this vehicle need, under State law, conform to requirements for school buses. The State must determine the scope and application of its own laws.