Interpretation ID: nht95-2.100

TYPE: INTERPRETATION-NHTSA

DATE: June 5, 1995

FROM: Richard Mark Gergel -- Gergel, Burnette, Nickles, Grant And Leclair, P. A.

TO: Stephen P. Wood, Esquire -- Office of Chief Counsel, NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO 6/23/95 LETTER FROM JOHN WOMACK TO RICHARD MARK GERGEL (A43; STD. 108)

TEXT: Dear Mr. Wood:

I am writing as a follow-up to our recent telephone conversation concerning the applicability of the Motor Vehicle Safety Act to transactions between a local car dealer and purchasers within the same state. As I explained to you, the litigation in which I am involved concerns the sale of a motor vehicle with a capacity of more than 10 passengers to a school to transport students which did not meet the safety standards for a "school bus" under the Act. The defendant car dealer has asserted that a trans action between a car dealer and purchaser within the same state is beyond the scope of the Motor Vehicle Safety Act since such a transaction allegedly is not within interstate commerce.

We have diligently searched the case law for authorities which might address this issue. The only case we have found on point is National Association of Motor Bus Owners v. Brinegar, 483 F2d 1294 (D.C. Cir. 1973), cert. denied, 415 U.S. 948, 950 (1974). I was hoping that your office might be aware of other case authorities or interpretations by the Secretary of Transportation which might provide further legal authorities on this point.

Since the judge now has this matter under advisement, I would appreciate your prompt attention to this matter. If you need any further information from me, please do not hesitate to give me a call.