Interpretation ID: 77-4.39

TYPE: INTERPRETATION-NHTSA

DATE: 11/17/77

FROM: AUTHOR UNAVAILABLE; Joseph J. Levin Jr.; NHTSA

TO: Ford Garage Company Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This responds to your September 27, 1977, letter asking whether a 15 passenger vehicle designed to transport children to and from a Y.M.C.A. recreation facility would be required to comply with the new Federal school bus safety standards.

The Federal school bus safety standards promulgated under the Motor Vehicle and Schoolbus Safety Amendments of 1974 (Pub. L. 93-492) apply to motor vehicles transporting 10 or more passengers to and from school or related events. The National Highway Traffic Safety Administration (NHTSA) has tentatively concluded that facilities such as Y.M.C.A.s may not have been aware that school bus safety standards might be applicable to vehicles manufactured to transport children to and from these facilities. Accordingly, the agency has temporarily exempted from the requirements buses designed for use by such facilities.

You should note that the NHTSA plans to commence rulemaking that might require buses used for activities such as those described to comply with the Federal school bus safety standards. The extended application of the standards would only affect buses manufactured after the effective date of the rulemaking action.

SINCERELY,

Ford Garage Company, Inc.

September 27, 1977

Joseph Levin Chief Counsel National Highway Traffic Safety Administration

Our local Y.M.C.A. is seeking a multiple passenger vehicle to transport underpriviledged and other children between the ages of 5 and 18 from outlying areas to their center during the winter months and to their day-camp during July and August. There is, of course, no charge for this service. TThe purpose is to make Y.M.C.A. recreation facilities available to children who would not otherwise have an opportunity to use them.

Pick-up points would be at various schools during the school year and central neighborhood stops on Saturdays and during July and August.

It appears that the most logical unit for their use from the standpoint of size and expense would be a 15 passenger Dodge Sportsman Maxiwagon. The question arises, however, as to whether or not this type unit meets all Federal and State requirements. I am therefore enclosing a copy of the invoice on the unit we propose and will appreciate your early reply.

Charles W. Jarvis Secretary