Interpretation ID: nht90-2.56

TYPE: Interpretation-NHTSA

DATE: May 29, 1990

FROM: Edward Kultgen -- Secretary, Bird-Kultgen Ford Volkswagen

TO: Stephen P. Wood -- Acting Chief Counsel, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 5-10-82 from F. Berndt (Signature by S.P. Wood); Also attached to letter dated 3-27-78 from J.J. Levin, Jr to B. Nanninga (VSA 102(14)); Also attached to letter dated 8-3-77 from J.J. Levin, Jr. to J.L. O'Connell (VSA 1 02(14)); Also attached to letter dated 7-12-77 from J.J. Levin, Jr. to J. Thomason (VSA 102(14)); Also attached to letter dated 9-10-90 from P.J. Rice to E. Kultgen (A36; VSA 108(b)(1); VSA 102(14); Part 571.3)

TEXT:

We have today received from the Ford Motor Company Central Regional Sales Office a copy of your letter to Sen. Gramm dated May 10, 1990, concerning the sale and/or rental of passenger vans to transport students. While your letter clarified most of the i ssues in this matter faced by those of us with dealer-owned rental companies, it brought up a couple of related questions for which we need answers.

First, does Section 108 (b) (1) of the Safety Act, or any other section, apply to the retail sale of used vehicles? For example, we have been approached from time to time by representatives of various small church-related schools seeking to purchase a u sed late-model 15-passenger van, obviously at least in part for the purpose of transporting students on field trips, to extra-cirricular events, etc. Would the sale of such a used vehicle under these circumstances violate the Safety Act?

Second, for this purpose, what is the definition of "student"? Four specific groups come immediately to mind: (a)clients of a local MHMR children's developmental learning program; (b)students enrolled in a local community college; (c)church youth group s; and (d)children enrolled in after-school or summer day care programs. There are other similar groups with whom we deal in the course of business, but an answer for these examples should give us sufficient guidance in following the requirements of the statute.

I appreciate your attention to these questions, and I hope to hear from you or a member of your staff in the near future.