Interpretation ID: nht79-4.30

DATE: 05/09/79

FROM: AUTHOR UNAVAILABLE; Stephen P. Wood; NHTSA

TO: Department of Education; Oregon

COPYEE: FRANK BERNDT -- NHTSA; SIGNATURE BY STEPHEN P. WOOD

TITLE: FMVSR INTERPRETATION

TEXT: This responds to your April 6, 1979, letter asking several questions about the applicability of the school bus safety standards to van-type vehicles.

First, you ask whether a vehicle that transports more than 10 persons and is constructed in accordance with the school bus safety standards must be painted, lighted and marked as a school bus. As you know, Highway Safety Program Standard No. 17 formerly permitted Type II school vehicles, under 16 passengers, to be marked, painted, and lighted at the option of the school district. As a result of the Motor Vehicle and Schoolbus Safety Amendments of 1974 (Pub. L. 93-492), all school buses must be equipped with school bus lights. Since they must have lights, they must also be painted and marked as school buses. Therefore, all school vehicles carrying more than 10 persons must be properly painted, marked and lighted.

In your second question you ask whether a school can purchase and use a noncomplying used van manufactured after April 1, 1977. The National Highway Traffic Safety Administration (NHTSA) regulates, for the most part, vehicles up to the point of first purchase. Therefore, the sale of a noncomplying used vehicle would be beyond the control of this agency. However, we caution schools purchasing such vehicles that they may be unable to insure them, and they may be responsible for significantly increased liability in the event of an accident. Further, we encourage States not to license such vehicles for the transportation of school children.

Third, you ask whether the standard applies to leased or rented vehicles. The answer to your question is yes. Part 571.3 of our regulations (49 CFR 571) defines school bus as "a bus that is sold, or introduced in interstate commerce, . . . " The phrase introduced in interstate commerce includes the lease or rental of vehicles for school use. Since these leased or rented vehicles are considered school buses, they must comply with the safety standards.

In your fourth question, you ask whether a contractor or school can remove seats from a van that it inadvertently purchased so that as modified it will transport 10 or fewer persons. A school or contractor can modify its own vehicles any way that it chooses. A dealer, manufacturer, or repair business, on the other hand, cannot alter a vehicle in any manner that would render inoperative its compliance with Federal safety standards. The agency notes that if a school removes seats from the van in the manner suggested in your letter, the van would no longer be required to comply with the school bus safety standards. However, a new van-type vehicle that transports 10 or fewer persons must comply with safety standards applicable to multipurpose passenger vehicles (MPV). Your modified vehicle probably would not comply with these MPV requirements. You should remember that the operation of a noncomplying school bus or a noncomplying MPV does not subject a school to liability to the NHTSA.

However, a school's private liability in the event of an accident might be increased.

In your final question, you ask whether the NHTSA is enforcing the school bus regulations. The agency has taken extensive steps to enforce its school bus regulations. These include a major testing program of buses manufactured in compliance with the standards. As a result of these tests, some noncompliances have been determined and some remedies have occurred. With respect to the sale of vans as school vehicles, the agency has warned many dealers of the illegality of this practice, and in most instances, these dealers have repurchased the vehicles that were sold in violation of the law.

We encourage States to adopt licensing practices that ensure that vehicles used to transport school children and manufactured after April 1, 1977, comply with the safety standards. Many States now have such licensing programs, and the problem of van misuse is rapidly diminishing in those areas. We further encourage States to report instances of violations to our Office of Vehicle Safety Compliance. That Office will take the necessary steps to enforce the law.

SINCERELY,

STATE OF OREGON

DEPARTMENT OF EDUCATION

April 6, 1979

Chief Counsel U.S. Department of Transportation National Highway Traffic Safety Administration

RE: Redifinition of a "School Bus" Standard

Dear Sir:

Since April 1977, when many of the school bus safety standards became effective, we have had a difficult time understanding the extent of the applicability of the standards to the van type vehicles. There has been a great deal of confusion and misunderstanding by various segments of pupil transportation and many have requested clarification from this department on the rules.

In the past few months we have been asked several questions which we have not felt qualified to answer. School districts, bus contractors, and bus body and chassis dealers have repeatedly requested this information. We would appreciate it very much if we could receive answers to the following questions.

1. Can a vehicle that has a capacity of more than 10 person, which will be used to transport school children, be sold without the school bus flashing warning lights, school bus identification, and be painted school bus yellow as long as the other applicable school bus standard are incorporated into the vehicle?

2. Does the "Definition of a School Bus" standard apply to used vehicles? Can a used regular production line van manufactured after April 1, 1977, with a capacity of more than 10 persons, be sold for pupil transportation purposes?

3. Does the standard apply to vehicles which are leased or rented by schools or bus contractors?

4. Can a school district or bus contractor who has inadvertently purchased a regular production line van that has a capacity of more than 10 persons, reduce the capacity to 10 or less by removing seats?

5. Is there any enforcement of this standard and is there an obligation for the state if we learn of flagrant violations?

If possible we would like to receive answers to these questions soon, as several transactions and budgets will be determined by the answers received.

Thanks for your assistance.

Jack W. Sperr Coordinator Pupil Transportation