Interpretation ID: nht90-1.27
TYPE: Interpretation-NHTSA
DATE: January 29, 1990
FROM: W.A. Jacques -- Ford Rent-A-Car System., Dealer Fleet Operations Manager
TO: All Ford Rent-A-Car System Members
TITLE: Rental of Ford Club Wagons and Super Wagons for Student Transportation
ATTACHMT: Attached to letter dated 5-25-90 To Lloyd Bentsen and From Stephen P. Wood (A35; VSA 102(14), 108(a)(1)(a), 108(b)(1); Also attached to letter dated 3-8-90 To Jerry Ralph Curry and From Lloyd Bensen; Also attached to letter dated 2-12-90 To Llo yd Bentsen and From Johannah Bonewald
TEXT:
Prupose This letter is intended to help remedy confusion that apparently exists among some dealers as to what vehicles may be lawfully rented for student transportation. Both Federal and state motor vehicle safety laws and regulations apply to such vehicles.
Legal Requirements The National Traffic and Motor Vehicle Safety Act of 1966, as amended, and related regulations specify that school buses offered for sale shall meet certain unique requirements .
"School bus" is defined in the regulations as "a bus that is sold, or introduced into interstate commerce, for purposes that include carrying students to and from school or related events, but does not include a bus designed and sold for operation as a c ommon carrier in urban transportation.
"Bus," in turn, is defined as "a motor vehicle ... designed for carrying more than 10 persons." 49 Code of Federal Regulations S571.3.
Units Having More Than Ten Seating Positions Because Ford Club Wagons and Super Wagons having more than ten designated seating positions do not comply with the requirements of Federal standards specifically applicable to school buses, they should not be rented for transportation of preprimary, prim ary, or secondary school students to and from school or related events.
Ford sells incomplete vehicles (Econoline Vans and Cutaways with School bus Prep Packages and B-Series Chassis Cowls) to be completed as school buses by specialized school bus manufacturers.
Units Having Ten or Fewer Seating Positions The Federal school bus standards do not apply to Ford 5, 7 and 8 passenger Club Wagons as these vehicles are not "designed for carrying more than 10 persons"
There may be, however, state or local regulations requiring special equipment or identification that must be satisfied before the lower capacity Club Wagons may be used for student transportation. It is the responsibility of the dealer and the rental cus tomer to determine whether any state or local regulations are applicable.
Units for Transportation of College or University Students Questions sometimes arise concerning rental of Club Wagons and Super Wagon to colleges and universities to transport students on field trips or to athleticevents.
An opinion from the Office of the Chief Counsel of the National Highway Traffic Safety Administrator indicates that vehicles used for such purposes are not considered to be "school buses" in determining applicability of Federal motor vehicle safety stand ards.
However, as the opinion points out, individual states are free to regulate vehicles used to transport college and university students if they chose to do so.
Dealer Responsibilities Because the National Highway Traffic Safety Administration has indicated that it considers the provider of a vehicle to be the person most likely to know its intended use, Ford Motor Company recommends that all dealers who rent a Club Wagon or a Super Wa gon as manufactured by Ford Motor Company with more than 10 designed seating positions obtain for his files a signed statement from the rental customer that the vehicle is not being used for carrying students to and from school or related events. If a de aler rents such a vehicle and knows or has reason to know that the rental customer intends to use the vehicle as a school bus, the dealer may be subject to a civil penalty of up to $1,000 per vehicle under the National Traffic and Motor Vehicle Safety Ac t.
As stated above, it is the responsibility of the dealer and the rental customer to determine whether any state or local regulations apply to vehicles sold or leased for student transportation.
If you have any questions concerning this bulletin, please contact your Regional office.