Interpretation ID: 1985-02.46

TYPE: INTERPRETATION-NHTSA

DATE: 06/24/85

FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA

TO: Dick Kruse -- Secondary School Principals Association

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Dick Kruse Secondary School Principals Association 1904 Association Drive Reston, Virginia 22091

This responds to your May 30, 1985 telephone call to this office asking two related questions about our school bus regulations.

Your first question asked whether the National Traffic and Motor Vehicle Safety Act prohibits the sale of a used commercial-type bus to a school district for use on school-related events. The answer to your question is no. The Act only applies to the manufacture and sale of new motor vehicles and new motor vehicle equipment. Persons selling a used bus to a school district are not subject to the Act's requirement to sell certified school buses, and a used commercial-type bus, regardless of its model year, may be sold as an activity bus.

Your second question asked whether section 108(a)(1)(A) of the Vehicle Safety Act is applicable to manufacturers and dealers who sell used commercial-type buses to school districts. The answer is no. Section 108(a)(1)(A) prohibits the manufacture and sale of any new motor vehicle or item of motor vehicle equipment that does not conform to applicable motor vehicle safety standards. Therefore, there would be no Federal penalty upon a person selling a used commercial-type bus for school use.

Sincerely, Jeffrey R. Miller Chief Counsel