Interpretation ID: 86-2.41

TYPE: INTERPRETATION-NHTSA

DATE: 04/24/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Wayne Ivie

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Wayne Ivie Manager, Support Section Oregon Department of Transportation Motor Vehicles Division 1905 Lana Avenue N.E. Salem, Oregon 97314

Dear Mr. Ivie:

Thank you for your letter concerning Oregon's new vehicle code. You asked us to review the code and comment on possible Federal preemption of Oregon's laws for motor vehicle equipment. We apologize for the delay in responding to your inquiry.

On March 19, Ms. Hom of my staff explained in a telephone conversation that this office is unable to undertake a general review of your state vehicle code as you requested. It would be more appropriate if your legal department reviewed your requirements.

Your letter also requested a clarification of our regulatory definition of a "bus." You asked whether we have a definition of a "bus" separate from definitions for "school buses" or "commercial motor buses." You appeared to question whether privately-owned passenger vans would be classified as buses since Oregon currently considers 15-passenger vans as either "passenger vehicles" or "trucks."

NHTSA's regulatory definitions for motor vehicles, issued for purposes of the Federal motor vehicle safety standards, are set forth at 49 CFR Part 571.3. We define a "bus" as a motor vehicle, except a trailer, designed for carrying more than 10 persons. This definition would include 15-passenger vans, and would thus apply to both commercial motor coaches and privately-owned 15-passenger vans.

Our definition of a "bus" is separate from our "school bus" definition. While the latter term incorporates our "bus" definition, it includes further criteria based on the intended use of the vehicle. Under Part 571.3, a "school bus" is a bus that is sold for purposes that include carrying students to and from school or related events (excluding common carriers in urban transportation). If a new 15-passenger van were sold for school transportation purposes, it would be considered a "school bus" and would have to comply with NHTSA's school bus safety standards.

For purposes of understanding the interaction between Federal and state vehicle definitions, it is important to distinguish NHTSA's motor vehicle safety standards from state safety standards. State motor vehicle safety regulations apply to the sale and use of motor vehicles. Oregon's vehicle definitions are relevant for determining state requirements applicable to the sale and use of particular classes of motor vehicles. On the other hand, our regulations apply to the manufacture and sale of new motor vehicles, and our definitions specify categories of vehicles subject to appropriate Federal motor vehicle safety standards. New vehicles included within particular categories must be certified as complying with the safety standards applying to that vehicle type. The applicability of our safety standards to a vehicle is not altered by the fact that a vehicle type is classified differently under state law. Thus, although Oregon classifies 15-passenger vans as passenger vehicles or trucks, manufacturers of new 15-passenger vans must manufacture those vehicles to Federal safety standards for buses, or school buses if intended for school use.

I hope this information is helpful. Please contact my office if you have further questions.

Sincerely,

Original Signed By Erika Z. Jones Chief Counsel

NHTSA Jeffrey Miller, Chief Council US DOT 400 7th Street S. W. Washington D. C. 20590

Dear Mr. Miller:

We are reviewing the equipment portions of our new vehicle code. I know that some of our equipment laws, especially those that pertain to "approval" of certain equipment may be in conflict with current federal regulations and laws.

Copies of the equipment chapters from our "new" vehicle code are enclosed. I will appreciate any comments and suggestions you may be able to give us in suggesting changes in our equipment laws, especially with respect to federal standards.

There is one other problem that perhaps you can help us with--is there a "bus" definition in the Federal Code which could help us uniquely define a bus that is not used as a commercial motor bus, or as a school bus?

We do not have a registration classification of a multi-purpose passenger vehicle. And, if the definition of a bus were to State it is a vehicle designed to carry more than 10 persons, it could include privately owned and used passenger vans. Under our registration classification, vans designed for 15 persons can presently be registered as passenger vehicles, so long as their loaded weight remains under 8,000 pounds. If over 8,000 pounds, they could be classified as trucks. The GVWR of a vehicle is not a consideration in classifying them for registration purposes.

We will appreciate and help you can give.

Very truly yours,

Wayne Ivie Manager, Support Section Telephone (503) 378-2057

WI/ao

Enc.