Interpretation ID: nht79-4.54

DATE: 03/22/79

FROM: FRANK BERNDT -- ACTING CHIEF COUNSEL, NHTSA

TO: STERLING TROXEL

TITLE: NONE

TEXT: This confirms your March 15, 1979, conversation with Roger Tilton of my staff in which you asked several questions about the applicability of the school bus safety standards.

First, you asked what vehicles must comply with the standards. The school bus standards apply to new vehicles that transport school children to or from school or related events and that carry more than 10 persons including the driver. For example, any new vehicle that transports 10 passengers (Illegible Words) or from school or related events must comply with the safety standards.

In your second question, you ask whether a school may purchase a used vehicle that does not comply with the school bus safety standards even if the vehicle was manufactured after the effective date of those standards (April 1, 1977). The answer to this question is yes. The National Highway Traffic Safety Administration does not regulate the sale or use of used vehicles. Therefore, there would be no Federal penalty upon a person selling such a used vehicle for school use.

With respect to your second question, a school should always examine state licensing requirements, insurance problems, and potential private liability considerations before purchasing noncomplying school vehicles. Vehicles that transport more than 10 persons and that do not comply with the school bus safety standards are much less safe than similar vehicles that do comply with the standards.