Interpretation ID: nht78-4.32

DATE: 10/05/78

FROM: JOSEPH J. LEVIN -- CHIEF COUNSEL, NHTSA

TO: CHARLES B. HONEYCUTT -- DIRECTOR OF PUPIL PERSONNEL GLASGOW INDEPENDENT SCHOOLS

TITLE: NONE

TEXT: This responds to your July 13, 1978, letter asking whether you may use a 12 Passenger van to Transport 9 cheerleaders to basketball games. This van does not comply with the school bus safety standards.

If the van to which you refer was manufactured prior to April 1, 1977, then it may be used to transport school children. The new school bus safety standards became effective on that date and, therefore, do not apply to vehicles manufactured prior to that date.

Any vehicle manufactured on or after that date designed to carry more than 10 persons and which is sold to transport school children to or from school or related events must comply with all of the school bus safety standards. These vehicles must comply with the standards regardless of the fact that a user might not transport more than 9 students in the vehicle.

A dealer is in violation of the law if it knowingly sells to a school a vehicle that was manufactured on or after April 1, 1977, that is to be used to transport school children, and that does not comply with the school bus safety standards. Such violation is punishable by a fine of up to $ 1,000. If your van was manufactured on or after the effective date, we suggest that you arrange with the dealer to repurchase the van. If the dealer refuses, please notify us and we will take appropriate action.