Interpretation ID: nht78-4.26
DATE: 06/04/78
FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA
TO: Mrs. Sharon Litchy, Principal
TITLE: FMVSS INTERPRETATION
TEXT:
Mrs. Sharon Litchy, Principal St. Michael's Elementary School 504 Fifth Avenue North Grand Forks, North Dakota 58201
Dear Mrs. Litchy:
This responds to your April 23, 1985 letter asking about our regulations for school buses. You recently purchased a used 1980 model year 12- passenger van to carry school children to school-related activities, and to carry senior citizens and other adult groups.
I would like to begin by explaining that the National Highway Traffic Safety Administration (NHTSA) has two sets of regulations, issued under different Acts of Congress, that apply to school buses. The first of these is the motor vehicle safety standards issued by us under the authority of the National Traffic and Motor Vehicle Safety Act of 1966. In a 1974 amendment to the Act, Congress expressly directed NHTSA to issue safety standards on specific aspects of school bus safety, such as seating systems, emergency exits, windows and windshields, and bus structure. The standards we issued apply to the manufacture and sale of new school buses and school bus equipment. Under the Vehicle Safety Act, manufacturers and dealers selling new buses to schools must sell buses that meet our school bus safety standards.
Since your sales transaction involved a used bus, the Vehicle Safety Act would not apply. In the event you decide to buy a new school bus, however, I would like you to keep in mind that the seller would be obligated under the Vehicle Safety Act to sell complying school buses to St. Michael's School. The seller should know that he or she risks substantial penalties if a noncomplying bus is sold as a school bus.
The second set of regulations for school buses was issued by us under the Highway Safety Act of 1966. These regulations, which are more in the nature of guidelines, operate as recommendations for state highway safety programs and cover a wide range of subjects. Individual states have chosen to adopt some or all of the guidelines as their own policies governing their highway safety programs. Highway Safety Program Standard No. 17 (copy enclosed), Pupil Transportation Safety, has recommendations on school bus identification and equipment, operation, and maintenance. Those recommendations cover both new and used school buses. This guideline could affect the operation of your van if North Dakota has adopted Standard 17 as its own policy.
I want to stress that Standard 17 will affect you to the extent that North Dakota has adopted its recommendations as part of North Dakota's highway safety program. Your state officials will be able to give you more information about North Dakota's implementation of Standard 17's recommendations for school vehicles.
Please let me know if you have further questions.
Sincerely,
Jeffrey R. Miller Chief Counsel
Enclosure
April 23, 1985
TO: Department of Transportation Washington, D.C.
FROM: Mrs. Sharon Litchy, Principal St. Michael's Elementary School 504 5th Ave. North Grand Forks, ND 58201
RE: Regulation for School and Parish use of a twelve passenger van
We recently purchased a 1980 twelve passenger Chevy van for our school and parish. The van will be used to transport groups of children on field trips, to sporting events, adult groups, high school groups, and senior citizens.
I had contacted the Highway Department of North Dakota and they said twelve passenger vans do not need a Class 2 license unless they are 80 or more inches wide.
However, recently a bus driving service in Grand Forks indicated that a twelve passenger van comes under more regulation than that.
Therefore, I am writing to you for clarification of the use of this van for elementary students and parish groups. I would also appreciate a copy of Standard Act 17 that I understand may be helpful.
Thank you. I await your reply.
Sincerely,
ST. MICHAEL'S ELEMENTARY SCHOOL
(Mrs.) Sharon Litchy, Principal