Interpretation ID: 19146.drn

Mr. Lynn Degenhart
Zia Bus Sales, Inc.
7901 Zuni S.E.
Albuquerque, NM 87108

Dear Mr. Degenhart:

This responds to your request for an interpretation whether you, a Blue Bird school bus dealer, may sell to a school district, a new bus not certified to the National Highway Traffic Safety Administration's (NHTSA) school bus standards when you know that the bus will be used to take students to athletic events and on field trips. The answer is no.

The reason for our answer is as follows. NHTSA is authorized to issue and enforce Federal motor vehicle safety standards applicable to new motor vehicles, including school buses. In 1974, Congress enacted legislation directing NHTSA to issue safety standards on specific aspects of school bus safety, and to apply those standards to all 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 (emphasis added). 49 U.S.C. 30125. NHTSA has determined that "related events" include athletic events and school-related field trips. Our statute at 49 U.S.C. 30112 requires any person selling or leasing a new "school bus" to sell or lease a vehicle that meets the Federal school bus safety standards. The seller risks substantial penalties if he or she sells a vehicle for use as a school bus and the vehicle is not certified as such.

As you note, the school district intends to use the buses to transport school children for school-related events. If you are selling a new bus, you must sell only a bus that meets NHTSA's school bus standards.

You also asked about your legal obligations when selling a used bus to a school or school district. The federal Safety Act requirement to sell or lease complying school buses applies only to new vehicles. If a school wishes to buy or lease a used bus which carries more than 10 persons, NHTSA would not require the seller or lessor to sell or lease a school bus. However, NHTSA believes that school buses are one of the safest forms of transportation in this country, and therefore strongly recommends that all buses that are used to transport school children meet

NHTSA's school bus safety standards. Further, using buses that do not meet the school bus standards to transport students could result in increased liability under State law in the event of a crash. Since any potential liability your dealership may incur arising out of a sale or lease of a used vehicle would be determined by State law, you may wish to consult with an attorney and your insurance carrier for advice on this issue.

I hope this information is helpful. 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,
Frank Seales, Jr.
Chief Counsel
ref:571#VSA