Interpretation ID: nht78-3.38

DATE: 11/22/78

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

TO: Briggs and Morgan

TITLE: FMVSR INTERPRETATION

TEXT: This responds to your October 9, 1978, letter asking several questions concerning the modification and use of vans as school buses.

First, you ask whether your client may purchase a van that transports fewer than 10 passengers, and add passenger seating to it without complying with the school bus safety standards. The answer to your question is yes. The National Highway Traffic Safety Administration regulates the manufacture of motor vehicles. Further, the agency prohibits manufacturers, dealers, repair businesses or distributors from subsequently rendering inoperative compliance of a motor vehicle with the safety standards. However, the agency does not regulate modifications made by vehicle owners on their own vehicles.

Second, you ask whether buses manufactured after April 1, 1977, which were purchased to transport handicapped adults or other adults can subsequently be used to transport children to and from school even though the buses do not comply with the requirements. The answer to this question is the same as the answer to your first question. The agency regulates only the manufacture and initial sale of these vehicles and does not control the use of used vehicles.

Finally, you ask whether your client may purchase a 15 passenger vehicle and subsequently modify it in such a manner that it carries fewer than 10 passengers without complying with the school bus safety standards. Since the school bus safety standards apply only to vehicles carrying 10 or more passengers, a vehicle carrying fewer than 10 passengers is not required to comply with the requirements.

Although the Federal government's regulations do not prohibit the modifications that you propose in your letter, there are several other considerations of which you client should be made aware. First, although your modifications do not fall within our authority, in the case of your first and second questions the vehicles may fall within a State's definition of school bus and should comply with the school bus safety standards. Some States will not permit the registration of vehicles for school bus use if those vehicles should comply with the safety standards and do not. Therefore, you should check the appropriate State office to ensure that the vehicles you intend to modify can be used under existing State law. Second, there is a potential for increased private tort liability for accidents occurring in vehicles that should comply with safety standards but do not.

SINCERELY,

BRIGGS AND MORGAN

October 9, 1978

Roger Tilton Attorney Adviser National Highway Traffic Safety Administration

Re: Utilization of Multi-Purpose Vans in the Transportation of School Children

Dear Mr. Tilton:

As I indicated during our recent phone conversation, our office represents a Minnesota company whose operations include the transportation of handicapped school children in van-type vehicles. Prior to making final decisions regarding the purchase of additional vehicles and possible modification of others, our client has asked our assistance in seeking a clarification of certain statutory and regulatory provisions relating to the applicability of federal school bus safety standards.

As you may recall from our discussion, we have three rather specific inquiries:

1. May our client purchase van-type vehicles manufactured after April 1, 1977 which are designed to carry less than ten passengers and modify the vans so as to allow the seating of twelve or fourteen passengers without subjecting them to the federal safety standards for school buses?

2. The Company purchased a number of fifteen-passenger vans manufactured after April 1, 1977 for the purpose of transporting handicapped adults to and from their workplace. Subsequent to the purchase of these vehicles, the intended use was frustrated by the fact that the handicapped adult traffic ceased to be available. May the Company now utilize these fifteen-passenger vehicles in the transportation of school children without equipping them in accordance with the federal safety standards for school buses?

In a similar vein, the Company has considered the purchase of other fifteen-passenger vans for transporting persons to and from their jobs. If these vehicles were purchased primarily for that purpose, could they also be used for transporting school children without being equipped in conformance with the federal safety standards for school buses?

3. May the Company purchase fifteen-passenger vans and convert them to accomodate a combination of wheelchairs and regular seating not exceeding ten persons, including the driver, without application of the federal school bus safety standards?

Your initial reaction appeared to confirm our judgment that these questions may be answered in the affirmative. We would be greatly appreciative of a written response from your office which addresses the above questions in light of the applicable provisions of federal law.

I have attached a short Memorandum which was prepared in our office some time ago reviewing the applicable provisions of the Motor Vehicle Safety Act and Regulations of the National Highway Traffic Safety Administration. I have enclosed it here for your convenience.

Finally, if you find you need additional facts or a clarification of matters contained herein, please don't hesitate to call the undersigned at your convenience.

John B. Van de North, Jr.

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