Interpretation ID: 20032.drn

Mr. Kevin Nugent
Fleet Sales Manager
Liberty Chevrolet
90 Bay State Road
Wakefield, MA 01880

Dear Mr. Nugent:

This responds to your request for an interpretation whether you may lease a new1999 Chevrolet 12-Passenger Express Van (Model CG1406) to a local school district, when you have a letter indicating that the "primary purpose" of the van would be for "adult education students." Under the available facts, the answer is no. If you decide to sell or lease a new bus to the school district, you must sell or lease only a bus that meets the National Highway Traffic Safety Administration's (NHTSA's) school bus standards.

By way of background, NHTSA has the authority, under 49 U.S.C. 30101 et seq. (Chapter 301 or the Act) to regulate the manufacture and sale or lease of new motor vehicles. In 1974, Congress directed NHTSA to issue motor vehicle safety standards on specific aspects of school bus safety and apply those standards to all "school buses." The school bus standards we issued became effective April 1, 1977, and apply to each school bus manufactured on or after that date.

The Act at 49 U.S.C.30112 requires any person selling or leasing a new vehicle to sell or lease a vehicle that meets all applicable standards. Accordingly, persons selling or leasing a new "school bus" must sell or lease a vehicle that meets the safety standards applicable to school buses. Our statute defines a "schoolbus" as any vehicle that is designed for carrying a driver and more than 10 passengers and which, NHTSA decides, is likely to be "used significantly" to transport "preprimary, primary, and secondary" students to or from school or related events. 49 U.S.C. 30125. By regulation, the capacity threshold for school buses corresponds to that of buses - vehicles designed for carrying more than ten (10) persons. For example, a 12-person van that is likely to be used significantly to transport students is a "school bus."

If a new large (11 persons or more capacity) van were sold or leased to a school district and used on a regular or long-term basis to transport students, the vehicle must meet NHTSA's school bus standards. However, a one-time or very occasional rental would be permitted, on the grounds that the vehicle would not be used significantly to transport children to and from school and thus would not be a school bus.

You enclose a letter from Mr. David W. Pottle, Adult Education Co-ordinator of the Southern Berkshire Regional School District (in Sheffield, Massachusetts) that states that the "primary purpose" for the 12-passenger van lease would be for "transportation of adult education students." Although the primary purpose of the bus may be for adult education, the letter implies that the bus would have a substantial collateral use. The statement that the "primary purpose" is for the transportation of adult education students is not sufficient. For example, if the vehicle were used 51 percent of the time to transport adults and 49 percent of the time to transport students, it would still be a school bus required to meet our school bus safety standards.

For more information about the safety features of a school bus, I am enclosing NHTSA's publication: "School Bus Safety: Safe Passage for America's Children." If you have any further questions please feel free to contact Dorothy Nakama at this address or at (202) 366-2992.

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosure
ref:VSA#571.3
d.11/16/99