Interpretation ID: nht88-2.25

TYPE: INTERPRETATION-NHTSA

DATE: 05/11/88

FROM: VICKY S. JOHNSON -- STAFF ATTORNEY, Kansas Dept. of Transportation

TO: ERIKA Z. JONES -- CHIEF COUNSEL NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 12-9-88 TO VICKY JOHNSON, KANSAS DEPT OF TRANSPORTATION; FROM ERIKA JONES, NHTSA

TEXT: I talked recently with a member of your staff, Joan Tillman, concerning a school transportation issue which has arisen in our state. This letter is to follow up on that conversation and to request that you give us your thoughts on the subject.

Many school districts in Kansas have, for a number of years, been using vans with more than ten seating positions that do not meet school bus standards for school transportation. Since I became responsible for KDOT legal advice on school transporatat ion issues, I have been attemping to educate the districts concerning the civil liability risks inherent in the use of non school bus student transportation as well as the fact that it is in violation of federal regulation for the manufacturer or dealer to sell them a vehicle with more than ten seating positions for pupil transportation without meeting relevant standards. I think I have most of them persuaded that 12-15 passenger vehicles which come from the manufacturer with their 49 CFR 567.4 label c ontaining the "bus" classification are a source of considerable risk. However, they have come up with a new approach. They are now ordering the same vans with ten seating positions and the manufacturer is labeling them multi-purpose passenger vehicles. Since the definition of that term includes ten or less seating positions, and therefore takes them out of the "bus" category, they feel safe with this new approach.

In my opinion, this new approach avoids the "illegal transaction" since the manufacturer is not selling a "bus." However, I still believe there is considerable risk of civil liability in the events of an accident. I would appreciate your comments on this issue.

Thank you for your assistance in this matter. If you need any clarification of my request please call me at (913) 296-3831.