ID: 17173.wkm

Mr. Jimmie D. Gowen, Jr.
President/General Manager
Big John Trailers
Route 3, Box 950
Folkston, GA 31537

Dear Mr. Gowen:

This responds to your letter of January 26, 1998, as supplemented by your letter of March 12, 1998, in which you asked whether your knuckle boom loader trailers and your self-propelled loader carriers are subject to the antilock brake system (ABS) requirements of Federal Motor Vehicle Safety Standard (Standard) No. 121, Air Brake Systems. You explained that the two vehicles in question are primarily utilized at logging sites, but are capable of being towed to different job sites from time to time by use of highway tractors. Based on the information you provided, the answer is no, as discussed below.

Chapter 301 of Title 49, U. S. Code (hereinafter "Safety Act") authorizes the Secretary of Transportation, through this agency, to establish Federal motor vehicle safety standards applicable to new motor vehicles and new items of motor vehicle equipment. The Safety Act defines the term "motor vehicle" as:

[A] vehicle driven or drawn by mechanical power and manufactured primarily for use on the public streets, roads, and highways, but does not include a vehicle operated only on a rail line.

49 U.S. Code 30102(6)).

In your March letter you referred to and enclosed a copy of a letter we wrote to Mr. John N. Swearingen of Viking Trailers dated September 3, 1997. In that letter we determined that a knuckle boom loader trailer similar to yours is not a motor vehicle. We made that determination based on the intended use of the vehicle. Similarly, it is our opinion that your knuckle boom loader trailer and your self-propelled loader carrier are not motor vehicles within the statutory definition quoted above. They are utilized primarily off-road in logging operations but are occasionally transported over the public roadways from one job site to another at which they typically spend extended periods of time. In such cases, the on-highway use of the vehicle is merely incidental and is not the primary purpose for which the vehicle was manufactured. This is in contrast to instances in which vehicles, such as dump trucks, frequently use the public roadways going to and from job sites, but stay at a job site for only a limited time. Such vehicles are considered motor vehicles for purposes of the Safety Act, since their on-highway use is more than "incidental."

In summary, it is our opinion that your knuckle boom loader trailers and your self-propelled loader carriers are not motor vehicles, and therefore are not subject to the ABS requirements of Standard No. 121. However, if we were to receive information that your trailers were used on the roads more than on an incidental basis, then we would have to reassess this opinion. If we determined that your trailers are motor vehicles after all, then your newly-manufactured trailers and carriers would be required to comply with all applicable Federal motor vehicle safety standards.

I hope that this information is helpful. If you have any further questions or need additional information, feel free to contact Walter Myers of my staff at this address, by telephone at (202) 366-2992, or by fax at (202) 366-3820.

Sincerely,
John Womack
Acting Chief Counsel
ref:121#VSA
d.4/23/98

ID: 17174.wkm

Mr. Celso G. Longhi
Mr. Alfredo C. Filho
Product Development
SABO
Rua Gino Cesaro 210
Sao Paulo, S.P., Brazil 05038

Dear Messrs. Longhi and Filho:

Please pardon the delay in responding to your letter faxed to Mr. Marvin Shaw, formerly of this office. You state that you are developing a vacuum hose for Ford and that you were advised that you must identify the hose with "DOT" in accordance with Federal Motor Vehicle Safety Standard (Standard) No. 106, Brake hoses (copy enclosed). You also state that you understand that this symbol identifies your company. You ask us to let you know what is necessary in order to mark your product.

For your general information, the National Highway Traffic Safety Administration (NHTSA) has the authority under U. S. law to issue Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles and new items of motor vehicle equipment. The law establishes a self-certification system in which vehicle and equipment manufacturers certify that their products comply with all applicable FMVSSs. NHTSA enforces the FMVSSs by purchasing vehicles and equipment and testing them for compliance with applicable standards. NHTSA also investigates defects relating to motor vehicle safety. If a manufacturer or NHTSA determines that a noncompliance or a safety-related defect exists, the manufacturer must notify purchasers of that product and remedy the problem free of charge. (Note that this responsibility is borne by the vehicle manufacturer in cases in which your hoses are installed on a new vehicle by or with the express authorization of that vehicle manufacturer). Any manufacturer that fails to provide notification of or remedy for a noncompliance or defect may be subject to a civil penalty of up to $1,100 per violation.

Standard No. 106, to which you alluded in your letter, specifies performance and labeling requirements for motor vehicle brake hoses, brake hose assemblies, and brake hose end fittings. With respect to vacuum hoses, please refer to subsection S9, Requirements - vacuum brake hose, brake hose assemblies, and brake hose end fittings beginning on page 216. Subparagraph S9.1.1(a) requires hoses to be marked with the symbol "DOT" to represent the manufacturer's certification that the hoses comply with all applicable FMVSSs. A separate marking identifying the manufacturer is required by S9.1.1(b). The manufacturer's marking may consist of block capital letters, numerals, or a symbol, and must be filed in writing with the Office of Vehicle Safety Compliance, National Highway Traffic Safety Administration, 400 Seventh Street, S.W., Washington, DC 20590.

In addition to the requirements described above, please note that your manufacture of brake hoses may also be affected by NHTSA's longstanding interpretation of our regulation on manufacturer identification (49 CFR Part 566, copy enclosed), if Ford sells vehicles equipped with your brake hoses in this country. This rule requires a manufacturer of equipment to which an FMVSS applies ("covered equipment" - in this case, brake hoses) to submit its name, address, and a brief description of the items of equipment it manufactures to NHTSA separately from the vehicle manufacturer to which the equipment manufacturer supplies its products. NHTSA has interpreted that regulation to require the information from foreign manufacturers of covered equipment supplying their products to a foreign vehicle manufacturer selling its vehicles in the U.S. (see enclosed copy of NHTSA letter to Mr. Virve Airola, dated May 31, 1990; and enclosed Brake Hose Application).

Please note also that under 49 CFR Part 551, Subpart D (copy enclosed), SABO must designate an agent if SABO decides to offer its equipment for importation into the U.S.

Also enclosed for your information are fact sheets entitled Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment, and Where to Obtain NHTSA's Safety Standards and Regulations.

I hope this information is helpful to you. Should you have an questions or need additional information, feel free to contact Walter Myers of my staff at this address or by telephone at (202) 366-2992, fax (202) 366-3820.

Sincerely,
John Womack
Acting Chief Counsel
Enclosure
Ref:106
d.5/1/98

ID: 17175.drn

Mr. Vincent P. Schulze, Chief
Commercial Bus Inspection and Investigation
Motor Vehicle Services
New Jersey Department of Transportation
CN 160
Trenton, NJ 08666
Ref: MC#26-98

Dear Mr. Schulze:

This responds to your request for an interpretation whether under Federal Motor Vehicle Safety Standard No. 217, Bus emergency exits and window retention and release, bus⁽¹⁾ emergency exit windows may be designated with international symbols and have operating instructions labeled with international symbols instead of English instructions. You state that a bus manufacturer, Motor Coach Industries (MCI), "presented four buses in New Jersey for inspection using international symbols in lieu of English language on the emergency exit window." You provide no description or other information about the "international symbols."

Standard 217 includes S5.5, Emergency exit identification, which specifies in S5.5.1 that each emergency exit door shall have the designation "Emergency Door" or "Emergency Exit," and every other emergency exit shall have the designation "Emergency Exit," followed by "concise operating instructions describing each motion necessary to unlatch and open the exit, located within 16 centimeters of the release mechanism." Examples of operating instructions are provided in S5.5.1, as follows: (1) Lift to Unlatch, Push to Open; and (2) Lift Handle and Push out to Open.

With regard to designating the exits, S5.5.1 is explicit with regard to how emergency exit doors or other types of emergency exits must be designated. "[E]ach emergency exit door shall have the designation 'Emergency Door' or 'Emergency Exit,' and every other emergency exit shall have the designation 'Emergency Exit'. . . ." Use of the quotations in S5.5.1 indicates that the exact words "Emergency Door" or "Emergency Exit" are what are required to designate these emergency exits. We are unable to conclude by interpretation alone that a symbol is commensurate with the quoted language. Thus, a symbol cannot be provided in lieu of the words.

With regard to the operating instructions, S5.5 does not set forth explicit language that must be used to provide the required operating instructions (unlike the provision relating to the designation of an exit), nor does it otherwise expressly prohibit the use of symbols to provide the required information. However, the section requires that "concise operating instructions describing each motion necessary to unlatch and open the exit" must be provided. Since we do not know what the international symbols look like, we are unable to provide an opinion at this time as to whether the symbols at issue are explicit enough to instruct a frightened passenger how to open the emergency exit. Our Safety Assurance office will be contacting your office to obtain further information to help the agency decide whether to commence an enforcement proceeding regarding a possible noncompliance with Standard 217.

If you have any questions, please contact Paul Atelsek of my staff at (202) 366-2992.

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:217
d.6/22/98

1. For purposes of your inquiry, I will assume that you ask about buses other than school buses, and thus the sections in Standard 217 that apply to non-school buses are the relevant requirements.

ID: 17176.ztv

Ms. Erika Polltzer
Director of Marketing
Resort Vehicles International Ltd.
83-85 Queen's Gate
London SW7 5JX
England

Dear Ms. Polltzer:

This replies to your fax of January 16, 1998, with respect to three-wheeled electric vehicles.

You have asked for information on the safety standards required for three-wheeled vehicles. Our agency, the National Highway Traffic Safety Administration, establishes manufacturing standards for motor vehicles. These are known as the Federal motor vehicle safety standards, and must be met by all vehicles that are imported and sold in the United States. All vehicles with two and three wheels are defined as "motorcycles" for purposes of the Federal safety standards. If a vehicle with two or three wheels develops five horsepower or less, as mopeds do, it may also be known as a "motor driven cycle" for compliance with certain aspects of the "motorcycle" safety standards.

I enclose an information package, "Requirements for Motorcycle Manufacturers" that lists the Federal safety standards that apply to "motorcycles" and tells you how you may obtain copies.

The individual states in the United States, such as Florida, may prescribe state safety standards that are identical to the Federal standards, and additional state standards for aspects of performance not covered by the Federal safety standards, such as horns. We do not require seat belts for three-wheeled vehicles.

There are no Federal requirements on how a vehicle is to be used. Use of a vehicle is a matter of state law. Thus, a state has the authority to require that its operator and passengers wear helmets. We regret that we are unable to advise you on the laws of each of our states, such as Florida, California, and Arizona, and recommend that you write the Department of Motor Vehicles in each of these states for assistance.

If you have further questions, we will be pleased to answer them.

Sincerely,
John Womack
Acting Chief Counsel
Enclosure
ref:VSA
d.5/22/98

ID: 17178.wkm

Mr. Ken Helms
Manager of Engineering
Trinity Trailer Manufacturing, Inc.
8200 Eisenman Road
Boise, ID 83716

Dear Mr. Helms:

This responds to your fax'd inquiry to Walter Myers of my staff in which you asked whether, in accordance with Federal Motor Vehicle Safety Standard (Standard) No. 121, Air brake systems, you are required to install antilock brake systems (ABS) on trailers that you manufacture for purchasers in foreign countries for use in foreign countries. The answer is no. You also stated that some of those purchasers want to transport such trailers with no ABS installed from your production facility over U.S. roads either to a U.S. port or across the border. They would be permitted to do that.

Chapter 301 of Title 49, U.S. Code generally requires any person manufacturing, selling, importing or offering for sale any motor vehicle or item of motor equipment to certify that such vehicle or equipment complies with all applicable Federal motor vehicle safety standards (see 30112(a)). That requirement, however, does not apply to "a motor vehicle or motor vehicle equipment intended only for export, labeled for export on the vehicle or equipment and on the outside of any container of the vehicle or equipment, and exported" (30112(b)(3)). Similarly, our safety regulations provide that no Federal motor vehicle safety standard applies to such vehicles or equipment. See 49 Code of Federal Regulations, 571.7(d).

Accordingly, your vehicles that are produced solely for export are not required by U.S. law or regulations to comply with the Federal motor vehicle safety standards, including Standard No. 121, which requires that vehicles equipped with air brake systems also be equipped with ABS. Such vehicles are permitted to be driven, towed, or otherwise transported to the U.S. border or to a U.S. port for further shipment to a foreign market, so long as they are appropriately labeled on the vehicle or equipment clearly indicating intent to export, or if in a container, as long as the container is labeled indicating intent to export. There is no prescribed form or format for the export label, but the label must be legible, obvious, and clearly indicate "For Export Only."

I hope this information is helpful to you. Should you have any further questions or need additional information, feel free to contact Mr. Myers at this address or at (202) 366-2992, fax (202) 366-3820.

Sincerely,
John Womack
Acting Chief Counsel

ref: 121#571
d.5/1/98

ID: 17179.wkm

Mr. Curtis M. Spencer
President
John Evans Manufacturing Company, Inc.
P. O. Box 669
Sumter, SC 29150

Dear Mr. Spencer:

Please pardon the delay in responding to your letter addressed to the attention of Walter Myers of my staff in which you asked whether the antilock brake system (ABS) requirements of Federal Motor Vehicle Safety Standard (Standard) No. 121, Air brake systems, would apply to a "loader frame" that your company manufactures. The answer is no.

You stated in your letter that your company manufactures, among other things, "loader frames" that are used to transport log loading machinery to and from logging operation sites. You explained that a log loader is attached to the loader frame and used in forestry harvesting operations to load cut timber onto log trailers for transport to paper mills or wood yards. You also stated that loader frames are designed for incidental highway use between job sites, thus are classified as portable machinery and thereby exempt from the Federal excise tax.

Chapter 301 of Title 49, U.S. Code (hereinafter Safety Act) authorizes the National Highway Traffic Safety Administration to establish Federal motor vehicle safety standards applicable to new motor vehicles and new items of motor vehicle equipment. The Safety Act defines "motor vehicle" as:

[A] vehicle driven or drawn by mechanical power and manufactured primarily for use on the public streets, roads, and highways, but does not include a vehicle operated only on a rail line.

49 U.S. Code 30102(6).

You enclosed with your letter pictures of loader frames, both with and without log loaders attached, and a copy of a letter with the addressee deleted that I wrote on May 14, 1997. In that letter I stated that a "knuckle boom loader trailer" does not constitute a motor vehicle within the statutory definition and therefore does not need to be equipped either with ABS or with underride protection. Similarly, it is our opinion that your loader frame is not a motor vehicle within the statutory definition. It is used as a platform on which to mount a log loader, which in turn is used primarily at off-road logging sites. The loader frame with attached log loader is occasionally transported over the public roadways from one job site to another at which the combined equipment typically spends extended periods of time. In that case, the on-highway use of the loader frame is merely incidental and is not the primary purpose for which the vehicle was manufactured. This is in contrast to instances in which vehicles such as dump trucks frequently use the public roads and highways going to and from off-road job sites, but stay there for only a limited time. Such vehicles are considered motor vehicles for purposes of the Safety Act, since their on-road use is more than "incidental."

In summary, it is our opinion that your loader frame is not a motor vehicle, and therefore not subject to the ABS requirements of Standard No. 121.

I hope this information is helpful. If you have any further questions or need additional information, feel free to contact Mr. Myers at this address or by telephone at (202) 366-2992, fax (202) 366-3820.

Sincerely,
John Womack
Acting Chief Counsel
Ref:121#VSA
d.5/6/98

ID: 17247.wkm

March 13, 1998

The Honorable Donald A. Manzullo
House of Representatives
415 South Mulford
Rockford, IL 61108
ATTN: Mr. Bryan Davis

Dear Mr. Manzullo:

Thank you for your letter on behalf of your constituent, Mr. Don R. Etnyre, asking whether the new Federal regulations requiring antilock brake systems (ABS) on vehicles equipped with air brake systems apply to export units during tow-away to the port of shipment. The answer to your question is no.

Our statute generally requires any person manufacturing, selling, importing or offering for sale any motor vehicle or item of motor equipment to ensure that such vehicle or equipment complies with all applicable Federal motor vehicle safety standards. See 30112(a) of Title 49, United States Code, copy enclosed. However, the requirement does not apply to "a motor vehicle or motor vehicle equipment intended only for export, labeled for export on the vehicle or equipment and on the outside of any container of the vehicle or equipment, and exported;" (49 U.S.C. 30112(b)(3)). Similarly, our safety regulations provide that no Federal motor vehicle safety standard applies to such a vehicle or equipment. See 49 Code of Federal Regulations, 571.7(d), copy enclosed.⁽¹⁾

Accordingly, your constituent's vehicles that are intended solely for export are not required by the regulations of this country to comply with the Federal motor vehicle safety standards, including Standard No. 121, Air Brake Systems, which requires that vehicles equipped with air brake systems be equipped with ABS. Such vehicles can be driven, towed, or otherwise transported to the port for further shipment to a foreign market, so long as they are appropriately labeled on the vehicle or equipment clearly indicating intent to export, or if in a container, as long as the container is labeled indicating intent to export. There is no prescribed form or format for the export label. However, the label must be legible, obvious, and clearly indicate "For Export Only."

I hope this information is helpful to you. Should you have any further questions or need additional information, feel free to contact me at (202) 366-2992.

Sincerely,
[Original signed by:]
John Womack
Acting Chief Counsel
Enclosures
ref:121#571
d.3/13/98

1. Paragraph 571.7(d) erroneously cites 108(b)(5) of the National Traffic and Motor Vehicle Safety Act of 1966, 15 U.S.C. 1397(b)(5). The correct citation should have been 108(b)(3), 15 U.S.C. 1397(b)(3). In any case, the Act was recodified in 1994 and 108(b)(3) is now 49 U.S.C. 30112(b)(3), cited above.

ID: 17258.ztv

Mr. Eric Williamson
Accessory Department
Accessories Sales & Marketing
Gulf States Toyota, Inc.
7701 Wilshire Place Drive
Houston, TX 77040

Dear Mr. Williamson:

This is in reply to your letter of February 16, 1998, with respect to rear deck spoilers incorporating center highmounted stop lamps (CHMSLs).

The spoiler with its lamp is designed for installation on vehicles whose original CHMSL is located in the rear window. This raises the question of whether the original CHMSL should be disconnected when the spoiler incorporating the new one is installed.

By way of background, and to be brief about it, modifications may be made to new vehicles before their initial sale as long as the vehicles remain in compliance with the Federal motor vehicle safety standards to which their manufacturers have certified them. Because the addition of a spoiler may partially block the light output and visibility of a CHMSL located in the rear window, resulting in a noncompliance with the Federal motor vehicle safety standard on lighting (Standard No. 108), we have advised that, under these circumstances, a second CHMSL should be added that meets original equipment requirements. When the second CHMSL is added, the original CHMSL then becomes merely a supplemental stop lamp. Supplementary lighting is permitted under Standard No. 108, provided that it does not impair the effectiveness of any lighting equipment required by Standard No. 108. We do not believe that a supplementary CHMSL in the rear window impairs the effectiveness of a spoiler-mounted CHMSL.

This means that, under Standard No. 108, there is no Federal law requiring the original CHMSL to be disconnected. However, Standard No. 108 does not apply to the use of vehicles on the public roads. Some states may require the original CHMSL to be disconnected when a spoiler-mounted CHMSL is provided. We are sorry that we are unable to advise you on the laws of the individual states.

We note your comment that the spoiler includes "a D.O.T. approved rear brake lamp." This phrase is often mistakenly used to indicate a lamp that is designed to conform to the requirements of Standard No. 108. We assume that you meant a center stop lamp that will comply with all requirements of Standard No. 108 when it is installed on the vehicle. D.O.T. itself has no authority to "approve" or "not approve" any item of equipment and the phrase "D.O.T. approved" has no meaning and should not be used.

If you have any questions, you may refer them to Taylor Vinson of this Office (202-366-5263).

Sincerely,
John Womack
Acting Chief Counsel
ref:108
d.4/8/98

ID: 17300.drn

Mr. Bobby Kim
Vice President
American Automotive Research Center, Inc.
1450 S. Havana Street, Suite 312
Aurora, CO 80012

Dear Mr. Kim:

This responds to your letter to U. S. Representative Eleanor Holmes Norton regarding your product, the KimVue 2000, an inside rearview mirror system. Because the National Highway Traffic Safety Administration (NHTSA) regulates motor vehicles and motor vehicle equipment, Representative Norton forwarded your letter to this agency. Your literature describes the KimVue 2000 as "a dual-safety rearview mirror" that is "designed to eliminate the blind spot on the right side of a vehicle, often needed when changing lanes." I note that your device consists of two mirrors. One mirror is long and flat. The second is a convex mirror about one third the size of the long and flat mirror. The KimVue 2000 can be adjusted for either left-hand or right-hand driving.

By way of background information, Congress has authorized NHTSA to issue Federal motor vehicle safety standards (FMVSSs) for new vehicles and new items of equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment. Instead, the law establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The following represents our opinion based on the information provided in your letter.

As you are aware, NHTSA has issued FMVSS No. 111, Rearview Mirrors (49 CFR 571.111). FMVSS No. 111 establishes performance and location requirements for the rearview mirrors in each new motor vehicle. Vehicle manufacturers must certify that each of their new vehicles complies with the applicable requirements in FMVSS No. 111. Vehicle manufacturers may install mirror systems that combine flat and convex mirrors on their new vehicles, provided that the flat mirror portion by itself meets FMVSS No. 111 requirements applicable to the vehicle on which the mirror system is installed. Vehicle manufacturers must also meet other requirements in FMVSS No. 111, such as mounting requirements for the mirrors.

Please note that since FMVSS No. 111 applies to the completed new vehicle, it does not apply to mirrors sold and installed as aftermarket equipment. However, there are other Federal requirements that indirectly affect an aftermarket mirror system. Under NHTSA's enabling statute, the agency considers the mirror to be an item of motor vehicle equipment. Manufacturers

of motor vehicle equipment are subject to our statute's requirements concerning the recall and remedy of products with safety related defects. I have enclosed an information sheet that briefly describes those responsibilities. In the event that you or NHTSA determines that your product contains a safety-related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

In addition, manufacturers, distributors, dealers, and motor vehicle repair businesses are subject to a provision in the law, which states: "No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly make inoperative ... any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard ...." If the installation of your mirror system resulted in a vehicle no longer complying with FMVSS No. 111, then the manufacturer, distributor, dealer, or motor vehicle repair business that replaced the complying mirror with a noncomplying system would have made inoperative a device (the mirror system) installed in the vehicle in compliance with FMVSS No. 111. The law permits NHTSA to impose a civil penalty of up to $1,100 for each violation of the make inoperative provision.

This provision in the law does not establish any limitation on an individual vehicle owner's ability to modify his or her own vehicle. Under Federal law, individual owners can install any mirror system they desire on their own vehicles, regardless of whether that mirror makes inoperative the vehicle's compliance with the requirements of FMVSS No. 111. However, NHTSA urges vehicle owners not to degrade the safety of any system or device on their vehicles, including the safety of their rearview mirrors. In addition, individual States are responsible for regulating the use of motor vehicles, and a State may have its own requirements with regard to the type of mirrors vehicles must have to be registered in that State.

I note that your product literature states: "The KimVue 2000 passed the Federal Motor Vehicle Safety Standard (FMVSS) test No. 111 in March 1997." As earlier stated, Standard No. 111 applies to motor vehicles, not to the mirror system itself. Therefore, it is misleading to state that the KimVue 2000 (by itself) "passed" Standard No. 111. Please do not continue to advertise that the KimVue 2000 "passed" Standard No. 111. A more accurate statement may be that in March 1997, when the KimVue 2000 was placed in a specific motor vehicle (with information specifying the vehicle manufacturer, vehicle type, vehicle model, and model year), the vehicle in which the KimVue 2000 was placed continued to pass Standard No. 111. (This is not to say we agree with the validity of such a statement. Determining whether a vehicle meets Standard No. 111 (in the case of a new vehicle) or continues to meet Standard No. 111 (in the case of a modified vehicle) is the responsibility of the vehicle manufacturer or modifier. NHTSA can assess the validity of the determinations, but does so only in the context of an enforcement proceeding.)

I hope this information is helpful. As earlier noted, I have enclosed an information sheet providing general information about NHTSA's regulations for manufacturers of new motor vehicles and motor vehicle equipment. If you have any further questions, please feel free to contact Dorothy Nakama of my staff at (202) 366-2992.

Sincerely,

John Womack
Acting Chief Counsel
Enclosure
cc: The Honorable Eleanor Holmes Norton
Attn: Mr. Bing Yee
U. S. House of Representatives
1424 Longworth House Office Building
Washington, D.C. 20515-5101
ref:111
d. 6/22/98

ID: 17319.drn

Ms. Mitzi Freeman
Associate Director of Finance
Shelton School and Evaluation Center
5002 West Lovers Lane
Dallas, TX 75209

Dear Ms. Freeman:

This responds to your letter asking for information about the use of 15-passenger vans to transport school children. As explained below, the National Highway Traffic Safety Administration (NHTSA) regulates the manufacture and sale of new 15-passenger vans. Under our requirements, any new 15-passenger van sold or leased on a long-term basis for pupil transportation must be certified as meeting our school bus standards. If you already own a 15-passenger van and are concerned about whether you are permitted to use it to transport students, you should contact State officials, because the use of motor vehicles is regulated by the States.

By way of background, NHTSA is authorized to issue and enforce Federal motor vehicle safety standards applicable to new motor vehicles. Our statute at 49 U.S.C. 30112 (copy enclosed) 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 "school bus" as any vehicle that is designed for carrying 11 or more persons and which 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 (copy enclosed). Therefore, a 15-passenger van that is likely to be used significantly to transport students is a "school bus."

If the new 15-passenger van is sold or leased to transport pupils (e.g., leased on a regular or long-term basis to a school), the vehicle must meet NHTSA's school bus standards. New 15-passenger vans are not certified as doing so, and thus cannot be sold or leased to carry students on a regular basis.

However, a one-time or very occasional rental would be permitted. Because such use would not constitute "significant use" as a school vehicle, the van would not be a "school bus" and thus may be leased to the school for the special event.

The requirement to sell or lease complying school buses applies only to new vehicles. If a school wishes to buy a used 15-passenger van or enter into a long-term lease of such a vehicle, NHTSA would not require the seller or lessor to sell or lease a school bus.

Please note that Federal law and NHTSA's safety standards directly regulate only the manufacture and sale of new motor vehicles, not their use. Each State is free to impose its own standards regarding use of motor vehicles, including school buses. For information on Texas' requirements on transportation of school children, please contact Texas' State Director of Pupil Transportation:

Mr. Sam Dixon, Director
School Transportation
Texas Education Agency
1701 N. Congress Avenue
Austin, TX 78701

Mr. Dixon's telephone number is: (512) 463-9233.

In closing, we wish to emphasize that school buses are one of the safest forms of transportation in this country, and that we therefore strongly recommend that all buses that are used to transport school children be certified as meeting NHTSA's school bus safety standards. Further, using 15-passenger vans that do not meet the school bus standards to transport students could result in increased liability in the event of a crash. Since such liability would be determined by State law, you may wish to consult with your attorney and insurance carrier for advice on this issue.

I hope this information is helpful. Besides the copies of statutory citations noted above, I have enclosed a question-and-answer sheet on "Frequently Asked Questions about Federal School Bus Safety Requirements," and a copy of Highway Safety Program Guideline No. 17, Pupil Transportation Safety. If you have any further questions, please feel free to contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992.

Sincerely,
John Womack
Acting Chief Counsel
Enclosures
ref:VSA#571.3
d.4/9/98