Interpretation ID: 86-2.44

TYPE: INTERPRETATION-NHTSA

DATE: 04/25/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Paul Miller -- Sales Manager, Arizona Bus Sales, Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Paul Miller Sales Manager Arizona Bus Sales, Inc. 4001 South 34th Street P.O. Box 21226 Phoenix, Arizona 85036

This responds to your February 27, 1986 letter to the National Highway Traffic Safety Administration (NHTSA) asking us to clarify Federal requirements applying to the sale of school buses. You first asked whether a dealership that sells 15-passenger vans to a private school violates Federal law if the vans do not comply with our motor vehicle safety standards for school buses. the answer to your question is yes. As we explained in our previous letter to you dated June 24, 1985, NHTSA has the authority under the National Traffic and Motor Vehicle Safety Act to regulate the manufacture and sale of all new motor vehicles, including school buses. Under Federal law, a "bus" is a vehicle designed to carry children to and from school or school-related events. We require persons selling new buses to ensure that those vehicles comply with all applicable motor vehicle safety standards when they are sold for purposes that include carrying school children. A person who sells a new bus for pupil transportation purposes would be subject to civil penalties under the Vehicle Safety Act if the bus does not comply with Federal school bus safety standards. Your second question asked whether the lease between the dealership and the school could be dissolved since the sale involved noncomplying buses. While we have no regulations which void or "dissolve" sales of noncomplying motor vehicles, the school might be able to contact the dealership that sold the noncomplying school buses and arrange to have the vehicles repurchased or modified to meet Federal school bus safety standards. In addition, the school should contact NHTSA's Office of Vehicle Safety Compliance, at the address given above, and inform them of the apparent violation of Federal law. In the past, many dealers who have been notified by NHTSA of the illegality of selling noncomplying vans as school vehicles repurchased the vehicles that were sold in violation of the law. Your final question asked about an October 15, 1982 memorandum from Arizona's Motor Vehicle Division regarding Arizona's school bus definition to buses used to carry school children to school-related activities. You believed that this interpretation conflicted with Federal law and asked for clarification of the matter. It is important to separate NHTSA's regulations for school buses from state school bus regulations. State regulations apply to the use of motor vehicles. Your state's definition of a "school bus" is thus relevant for determining the state requirements applicable to school bus use. The consequence of Arizona determining that activity buses could not be considered "school buses" under state law was to exclude those vehicles from its vehicle use laws for school buses. On the other hand, as explained above, Federal regulations apply to the manufacture and sale of new school buses. Our "school bus" definition is relevant for determining manufacturers' compliance with certifying their vehicles to the school bus safety standards and sellers' compliance with Federal requirements to sell complying school buses. Since our "school bus" definition includes buses sold to transport school children to school-related events, persons who sell new vehicles designed to carry 10 or more passengers to persons intending to use the buses for that purpose must sell complying school buses. Whether the vehicle is considered a school bus under state regulations does not affect the responsibility of manufacturers and sellers to comply with Federal law. I hope this information is helpful. Please contact my office if you have further questions. Sincerely, Original Signed By Erika Z. Jones Chief Counsel