Interpretation ID: aiam2891
Jr.
Briggs and Morgan
2200 First National Bank Building
Saint Paul
MN 55101;
Dear Mr. Van de North: This responds to your October 9, 1978, letter asking several question concerning the modification and use of vans as school buses.; First, you ask whether your client may purchase a van that transport fewer than 10 passengers, and add passenger seating to it without complying with the school bus safety standards. The answer to your question is yes. The National Highway Traffic Safety Administration regulates the manufacture of motor vehicles. Further, the agency prohibits manufacturers, dealers, repair businesses or distributors from subsequently rendering inoperative compliance of a motor vehicle with the safety standards. However, the agency does not regulate modifications made by vehicle owners on their own vehicles.; Second, you ask whether buses manufactured after April 1, 1977, whic were purchased to transport handicapped adults or other adults can subsequently be used to transport children to and from school even though the buses do not comply with the requirements. The answer to this question is the same as the answer to your first question. The agency regulates only the manufacture and initial sale of these vehicles and does not control the use of used vehicles.; Finally, you ask whether your client may purchase a 15 passenge vehicle and subsequently modify it in such a manner that it carries fewer than 10 passengers without complying with the school bus safety standards. Since the school bus safety standards apply only to vehicles carrying 10 or more passengers, a vehicle carrying fewer than 10 passengers is not required to comply with the requirements.; Although the Federal government's regulations do not prohibit th modifications that you propose in your letter, there are several other considerations of which your client should be made aware.; First, although your modifications do not fall within our authority, i the case of your first and second questions the vehicles may fall within a State's definition of school bus and should comply with the school bus safety standards. Some States will not permit the registration of vehicles for school bus use if those vehicles should comply with the safety standards and do not.; Therefore, you should check the appropriate State office to ensure tha the vehicles you intend to modify can be used under existing State law. Second, there is a potential for increased private tort liability for accidents occurring in vehicles that should comply with safety standards but do not.; Sincerely, Joseph J. Levin, Jr., Chief Counsel