Interpretation ID: nht94-8.36

DATE: January 31, 1994

FROM: Marc D. Marutani -- National Truck Sales Manager, ARI

TO: Chief Counsel's Office, NHTSA

COPYEE: A. Crea; W. Cariss; D. Grant

TITLE: None

ATTACHMT: Attached to letter dated 4/1/94 from John Womack to Marc D. Marutani (A42; Part 571.3)

TEXT:

As a major national fleet leasing company, ARI has a broad cross section of clients in various industries. Recently, an inquiry was received concerning the use of a Ford Econoline Wagon, and whether or not the specific usage fell within the FMVSS definition of a "school bus."

The vehicle in question would be a standard, factory-equipped fifteen passenger full-size van (commonly referred to as a "wagon" due to its primary function as passenger transport), with no after-market modifications. The client requesting the vehicle is a mental health and substance abuse facility handling adolescents on a full-time on-site basis. There is a school located on the premises, since the children reside at the location. The vehicle's purpose would primarily be used for miscellaneous transportation of juvenile patients and facility personnel, both on and off campus, as opposed to providing commuting services to and from home.

Because we interpret the FMVSS regulations regarding school buses as applying to those vehicles whose PRIMARY function is for the transporting of students to and from school and related scholastic events, we do not believe that the use of this wagon falls within that definition. However, we would appreciate your ruling on the matter for verification, and for future reference on similar transactions. If further discussion on this subject is required, I can be reached at 609-727-6995.

Thank you for your consideration.