Interpretation ID: nht79-3.22

DATE: 06/06/79

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Superintendent of Public Instruction; Old Capitol Building

TITLE: FMVSR INTERPRETATION

TEXT: This responds to your May 10, 1979, letter asking about modifications of buses to reduce seating capacity so that they no longer must comply with school bus safety standards.

First, let me clarify several points. In applying motor vehicle safety standards, we define a "school bus" as a bus that transports children to or from school or related events. Our regulations further define "bus" as a vehicle designed for carrying more than 10 persons. The phrase "more than 10 persons" includes the driver. Accordingly, any vehicle that transports 11 people is a bus.

Your first problem appears to involve how to determine whether a vehicle is designed to carry more than 10 persons. You indicate, for example, that some manufacturers have attached labels to their vehicles stating that they are designed to transport 15 passengers. However, some of the vehicles only have 8 or 9 seats. The National Highway Traffic Safety Administration measures vehicle capacity by the number of designated seating positions. Therefore, a vehicle that has 8 designated seating positions is not a bus. Such a vehicle would be a multipurpose passenger vehicle. If you are unsure of the vehicle type, refer to the vehicle certification label located on the door pillar post or on the inside of the door. That label lists the vehicle type as established by its manufacturer.

Any vehicle that is sent from its manufacturer and certified in compliance with multipurpose passenger vehicle (MPV) standards may be used to transport school children. These vehicles, since they are not buses, need not comply with the school bus safety standards. On the other hand, any vehicle that is certified as a bus, but not a school bus, should not be used to transport school children.

You ask whether a bus can be modified by removing seats so that it would no longer be of a passenger capacity that would require it to comply with the school bus safety standards. In theory such a modification is permissible. If a dealer makes such a modification, it must attach an alterer's label in accordance with Part 567.7, Certification, of our regulations. Since the dealer would be changing the vehicle type (from bus to MPV), it must make sure that the vehicle complies with all of the standards applicable to the new vehicle type. This might be difficult since some different standards apply to multipurpose passenger vehicles than apply to buses. However, it is conceivable that the initial vehicle manufacturer might be able to assure the dealer that the vehicle was built in compliance with all necessary standards. In such a case, the dealer could attach a label, and the vehicle would be properly certified.

If a school modifies its own vehicles, it need not attach a label. Also, it need not assure that the vehicles comply with any standards. In the event of an accident, however, a school could incur substantial liability if it were operating a vehicle that was not in compliance with the appropriate safety standards.

In your final question you ask what agency enforces the standards against dealers and manufacturers. The National Highway Traffic Safety Administration enforces all of the motor vehicle safety standards.