Interpretation ID: 19235.drn

Mr. Fritz Litchfield
Litchfield Rent A Car
3015 E. Clairemont Ave.
Eau Claire, WI 54701

Dear Mr. Litchfield:

This responds to your December 4, 1998, letter asking whether your motor vehicle rental business may rent 15-person vans to schools. Your letter states that your company rents 15-person vans to schools by the day, and does not sell or lease the vans to schools on a long term basis. The National Highway Traffic Safety Administration (NHTSA) has previously stated that Federal law permits van rental to schools on a one-time or very occasional basis. However, because States have the authority to regulate the use of vehicles, you should contact Wisconsin officials to see if State law would permit the rental of the vans to schools.

We have enclosed a copy of a December 18, 1997, letter from us to Congressman Phil English. The letter discusses NHTSA's statutory authority to regulate sales, leases and rentals of buses to schools. If you have questions about Wisconsin State requirements for student transportation, please contact:

Mr. Robert Christian
Acting State Director
Wisconsin School Bus Association
P.O. Box 168
Sheboygan, WI 53082-0168
Telephone: (920) 457-7008.

I hope this information is helpful. If you have any further questions, please feel free to contact Dorothy Nakama at this address or by telephone at (202) 366-2992.

Sincerely,
Frank Seales, Jr.
Chief Counsel
2 Enclosures
ref:571#VSA
d.1/21/99