Interpretation ID: nht74-4.18

DATE: 07/17/74

FROM: AUTHOR UNAVAILABLE; Robert L. Carter; NHTSA

TO: Sheller-Globe Corporation

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of May 15, 1974, requesting that vehicles which seat 10 persons or less, but are of the same base design as buses specifically designed as school buses, be classified as school buses regardless of their intended use.

The vehicles that would be affected by the reclassification you request are currently categorized as multipurpose passenger vehicles, since they provide seating positions for 10 persons or less. In general, the multipurpose passenger vehicle category is subject to more stringent safety requirements than either the bus or the school bus categories. Further, additional standards are becoming effective for multipurpose passenger vehicles in the near future as part of the NHTSA's overall plan to extend the requirements presently applicable to passenger cars. Thus, multipurpose passenger vehicles can expect increasingly higher safety performance levels, comparable to those of passenger cars.

Vehicles used to transport handicapped children should not be reclassified in such a way as to reduce the number or the stringency of the requirements to which they are subject.

On the basis of the above reason, the NHTSA has concluded that the vehicles about which you are petitioning should not be reclassified as school buses and your petition is therefore denied.

Sincerely

SHELLER-GLOBE CORPORATION

May 15, 1974

Office of Chief Counsel U.S. Department of Transportation National Highway Traffic Safety Administration

Attention: Lawrence R. Schneider Chief Counsel

Sheller-Globe Corporation, Superior-Lima Division, Lima, Ohio manufacture bus bodies, including school bus bodies, activity bus bodies and special bus bodies that are used in the transport of the handicapped to and from school, health centers, and special education centers.

These special bus bodies are school bus body derivatives and are constructed similar to van buses or what is commonly referred to as Type II School Buses. The departure from the Type II School Bus is in the designated seating positions.

These special bus bodies have seating positions to accompany two to four persons, not including the vehicle operator or driver. The remaining space is designed for wheelchairs. The total passenger carrying capability will vary from seven to ten persons. This, of course, varies according to customer requirements, as to seat arrangements and/or basic van model, Dodge or Chevy-Van - the Dodge Van being 18 inches longer than the Chevy-Van.

Many of these special bus bodies are purchased by schools, private and public, and require that they be identified as school buses, as well, be equipped with the traffic controlling warning lamp systems. On the other hand, many are purchased by private, special education or health care centers and do not require the school bus identification or the warning lamp system.

These special bus bodies or buses have a place on the market due to their size. They are small enough and permit the ease of handling as required to manipulate small driveways to patient and/or student doorways and ramps provided for wheelchairs. As well, their size permits the ease of parking near the school or center and doorways and ramps provided for the off loading of the students and/or patients. Some of these special bus bodies or buses are equipped with special ramps or lift gates designed for ease of handling wheelchairs.

Our concern and, of course, the reason for this communication is pertinent to Certification and Standards Application. As we understand or interpret the law, vehicles that are designed to carry ten persons or less are Multipurpose Passenger Vehicles and, therefore, must meet the requirements of applicable Federal Motor Vehicle Safety Standards. Until now all Van Buses or Type II School Buses were designed to carry more than ten persons and certification requirements were well defined.

Therefore, Sheller-Globe Corporation petitions the N.H.T.S.A. for an interpretation and requests that these buses of the same base design as buses specifically designed as school buses, regardless of their intended use or passenger carrying capacity for purposes of Certification and Standards Application be, in fact, classified or defined as school buses.

Sheller-Globe requests your expediting a ruling on this petition.

George R. Semark

Safety Engineer-Vehicles

Transportation Equipment Group

Vehicle Development Center