Interpretation ID: nht87-2.72

TYPE: INTERPRETATION-NHTSA

DATE: 08/20/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Mr. Philip T. Kelly

TITLE: FMVSS INTERPRETATION

TEXT: Mr. Philip T. Kelly Associate Superintendent for Administrative Services Rock Hill School District Number Three P.O. Drawer 10072 522 East Main Street Rock Hill, S.C. 29731 Dear Mr. Kelly:

This responds to your letter to the National Highway Traffic Safety Administration (NHTSA) asking two questions about the applicability of our school bus safety standards to vans. I apologize for the delay in our response.

Before I begin to answer your specific questions, it might be helpful to provide some background information on our school bus regulation. Our agency has two sets of regulations for school buses. The first set, issued under the authority of the National Traffic and Motor Vehicle Safety Act applies to the manufacturer and sale of new motor vehicles and includes the motor vehicles safety standards for school buses we believe that those motor vehicle safety standards for new school buses. We the "school bu s regulations" to which you refer in your letter.

In general, the parties subject to the Vehicle Safety Act are manufacturers and sellers of new school buses. The act requires manufacturers to certify that their vehicles meet all Federal safety standards applicable to buses and also those specifically a pplicable to "school buses". Further, under the vehicles safety act, each person selling a new bus to a school must ensure that the bus complies with our motor vehicle safety standards for school buses or be potentially subject to fines under federal law . Because the Vehicle Safety Act applies to the manufacture and sale of new motor vehicles and not to vehicle use, there is no federal prohibition directed against a school or school district that uses noncomplying buses to carry school children.

NHTSA issued the second set of -regulations- for school buses under the authority of the Highway Safety Act. Those regulations, or highway Safety program standards, are recommendations from this agency to the states for developing their highway safety pr ograms. Highway Safety Program Standard No. 17, Pupil Transportation Safety (copy enclosed), includes recommendation; for the operational aspects of state pupil transportation programs, such as school bus identification maintenance and driver training. I ndividual states have chosen to adopt some or all of the guidelines as their own policies governing their highway safety programs. A state that has adopted this standard might have specifications applying to small "vans" used as school vehicles. Because the issue is one concerning state law, South Carolina officials would be able to provide you with more information on state requirements for the operation of smaller school vehicles.

With this background, I will now address your specific questions. Your first question asked whether a vehicle carrying 11 or fewer persons (driver included) must conform to federal school bus requirements. Our regulation; issued under the Vehicle Safety Act specify that a new vehicle designed for carrying 11 or more persons (including the driver) is considered a "bus," and is considered to be a "school bus" if sold for school-related purposes. If a new vehicle is designed for carrying 10 or fewer person s, it is considered under our regulations to be either a "passenger car" or a "multipurpose passenger vehicle" (MPV). We do not prohibit the sale of MPV's to carry school children nor do we require them to comply with Federal school bus safety standard;. Instead, they must meet safety standards applicable to MPV's.

Your second question was "Can a van designed for 14 passengers be redesigned for 10 passengers and not be required to meet Federal school bus requirements?" Before I explain the consequences under Federal law of removing seats from a 14-passenger bus, I would like to reiterate that our authority under the Vehicle Safety Act does not extend to the use of school buses or to restrict the seating in your 14-passenger vans to take them out of our "school bus" category. By so reducing the passenger capacity, the vehicle's classification would be changed from a bus to a, MPV. Accordingly, the alterer would be required to certify that the vehicle complies with all of the federal safety standards applicable to MPV's. Among other things, this would require the a lterer to install safety belts at all seating positions. If the modifications were made after the vehicle's first purchase, our regulations on vehicle alteration would no longer apply.

However, modifications to used vehicles are subject to a statutory restriction. Specifically, section 108(a) (2) (A) of the Vehicle Safety Act prohibits motor vehicle manufacturers, distributors, dealers and repair businesses from knowingly rendering ino perative equipment or designs that are incorporated in motor vehicles in compliance with Federal motor vehicle safety standards. This means that a commercial modifier in any of the above categories may remove seats in your vehicle, but must ensure that t he vehicle continues to comply with all applicable federal safety standards after the seats have been removed. The Safety Act specifies a civil penalty of up to $1,000 for any person who violates section 108(a)(2)(A).

Neither the prohibition against rendering inoperative in @10B (a)( 2) (A) of the Safety Act nor our regulations issued under the Safety Act applies to an owner modifying his or her own vehicle. Therefore, if your school district chooses to reduce the pas senger capacity of your vehicles, you may perform the work on your own vehicles without regard to any Federal regulations administered by this agency. Again, however, you should ensure that the modification is done in conformance with any applicable Sout h Carolina laws.

I hope this information is helpful. Please contact us if you have further questions.

Sincerely,

Erika Z. Jones Chief Counsel

Enclosure

December 1, 1986 U.S. Department of Transportation National Highway Traffic Safety Administration Washington, D.C. 20590

Dear Sirs;

We would like to request some interpretation of the standards for school bus safety as they relate to vans.

1. If a vehicle carries no more than 10, passengers, must it conform to the Federal school bus requirements?

2. Can a van designed for 14 passengers be re-designed for 10 passengers and not be required to meet Federal school bus requirements?

Your attention to this request is appreciated.

Sincerely,

Philip T. Kelly Associate Superintendent for Administrative Services