Interpretation ID: nht94-7.9

DATE: April 1, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Marc D. Marutani -- National Truck Sales Manager, ARI (Mt. Laurel, NJ)

TITLE: None

ATTACHMT: Attached to letter dated 1/31/94 from Marc D. Marutani -- National Truck Sales Manager, ARI (OCC 9660)

TEXT:

This responds to your letter of January 31, 1994, requesting an interpretation of whether a 15-passenger Ford Econoline Wagon would be considered a school bus. "The client requesting the vehicle is a mental health and substance abuse facility handling adolescents on a full-time on-site basis. There is a school located on the premises, since the children reside at the location. The vehicle's purpose would primarily be used for miscellaneous transportation of juvenile patients and facility personnel, both on and off campus, as opposed to providing commuting services to and from home."

I am pleased to have this opportunity to clarify our requirements for school buses. The National Highway Traffic Safety Administration (NHTSA) has the authority under the National Traffic and Motor Vehicle Safety Act (the Act) to issue motor vehicle safety standards that apply to the manufacture and sale of new motor vehicles, including new school buses. NHTSA defines "school bus" as a motor vehicle designed for carrying 11 or more persons, including a driver, which "is likely to be significantly used for the purpose of transporting primary, preprimary, or secondary school students to or from such schools or events related to such schools." It is a violation of Federal law for any person to sell or lease any new vehicle that does not comply with all school bus safety standards if they are aware that the purchaser intends to use the vehicle as a school bus.

Whether you are required to sell or lease a certified school bus to your client depends on the anticipated use of the vehicle. The mental health and substance abuse facility operated by your client is not a school, however, it does operate a school on the premises. If your client were to purchase or lease a new bus to be used solely for transporting students to athletic events at other schools, it would be a violation of Federal law for you to sell or lease them a new vehicle that is not a school bus. This is because the vehicle would clearly be significantly used as a school bus. On the other hand, it is not a violation of Federal law for you to sell or lease them a new vehicle that is not a school bus if your client will use the vehicle for general purposes, even though such vehicles may be used occasionally to transport students to school- related events. Your letter states that the vehicle would be used for "miscellaneous transportation." If a significant portion of that use would not be transportation of students to school-related events, you are not required to sell or lease a school bus.

I hope you find this information helpful. If you have any other questions, please contact us at this address or by phone at (202) 366-2992.