Interpretation ID: nht91-1.45
DATE: February 19, 1991
FROM: Howard "Mac" Dashney -- Pupil Transportation Consultant, State of Michigan, Department of Education
TO: Paul Rice -- NHTSA
COPYEE: Roger L. Lynas; Richard Claflin
TITLE: None
ATTACHMT: Attached to letter dated 4-12-91 from Paul Jackson Rice to Howard "Mac" Dashney (A37; VSA 1391(3); Part 571.3)
TEXT:
During the past 14 months, Michigan has experienced legislative and vehicle sales initiatives that have resulted in confusion among school districts and private fleet operators about vehicles used to transport students. On August 15, 1990, Public Act 187 (PA-187) of the Public Acts of 1990 went into effect. I have included a copy of the act. Section 10(1) states that, "A vehicle for which there are no applicable passenger protection federal motor vehicle safety standards shall not be used to transport passengers to and from school and school related events." Chrysler, Ford, and General Motors officials sent letters to their Michigan dealer networks. I have included a copy of Ford Motor Company's letter. The automobile manufacturers directed their dealers not to lease or sell certain types of vehicles to schools. They are multi-purpose vehicles with seating positions for more than 10 passengers used to transport students to and from school and related events. The Michigan Department of Education, Department, has many questions about the purchase, sale, and use of this type of vehicle.
The Department requests that the National Highway Traffic Safety Administration respond to the following questions:
1. Do Federal Motor Vehicle Safety Standards, FMVSS, apply to multi-purpose vehicles with seating positions for more than 10 passengers, passenger vans, used to transport students to and from school and related events?
2. Is it legal for automobile manufacturers or dealers to lease or sell passenger vans to school districts or private fleet operators when the purpose of those vehicles is to transport students to and from school and related events?
3. Does a school district or private fleet operator increase its liability risk if it PURCHASES passenger vans to transport students to and from school and related events?
4. Does a school district or private fleet operator increase its liability risk if it USES passenger vans to transport students to and from school and related events?
5. Are FMVSSs in effect for occupants of sedans, station wagons, or mini-vans with seating positions for fewer than 10 passengers used to transport students to and from school and related events?
6. Is it legal for automobile manufacturers or dealers to lease or sell sedans, station wagons, and mini-vans to school districts or private fleet operators for the purpose of transporting students to and from school and related events?
7. Does a school district or private fleet operator increase its liability risk if it PURCHASES sedans, station wagons, or mini-vans to transport students to and from school and related events?
8. Does a school district or private fleet operator increase its liability risk if it USES sedans, station wagons, or mini-vans to transport students to and from school and related events?
The passage of PA-187 and a restrictive vehicle sales policy have caused confusion among Michigan's school bus fleet operators. Your timely responses to the above questions will assist the Department prepare an appropriate vehicle use policy.
Please direct your response to Howard "Mac" Dashney, Pupil Transportation Consultant, Michigan Department of Education, P.O. Box 30008, Lansing, Michigan 48909.
Attachment
FORD
K. C. Magee Ford Motor Company General Marketing Manager 300 Renaissance Center P.O. Box 43318 Detroit, Michigan 48243
December 14, 1989
To: All Ford Dealers
Subject: Sale or Lease of Ford Club Wagons and Super Wagons for Student Transportation
PURPOSE
This letter is intended to help remedy confusion that apparently exists among some dealers as to what vehicles may be lawfully sold or leased for student transportation. Both Federal and state motor vehicle safety laws and regulations apply to such vehicles.
LEGAL REQUIREMENTS
The National Traffic and Motor Vehicle Safety Act of 1966, as amended, and related regulations specify that school buses offered for sale shall meet certain unique requirements.
"School bus" is defined in the regulations as "a bus that is sold, or introduced into interstate commerce, for purposes that include
carrying students to and from school or related events, but does not include a bus designed and sold for operation as a common carrier in urban transportation.
"Bus," in turn, is defined as "a motor vehicle ... designed for carrying more than 10 persons." 49 Code of Federal Regulations S571.3.
Units Having More Than Ten Seating Positions
Because Ford Club Wagons and Super Wagons having more than ten designated seating positions do not comply with the requirements of Federal standards specifically applicable to school buses, they should not be sold or leased for transportation of preprimary, primary, or secondary school students to and from school or related events.
For sells incomplete vehicles (Econoline Vans and Cutaways with School Bus Prep Packages and B-Series Chassis Cowls) to be completed as school buses by specialized school bus manufacturers.
Units Having Ten or Fewer Seating Positions
The Federal school bus standards do not apply to Ford 5, 7 and 8 passenger Club Wagons as these vehicles are not "designed for carrying more than 10 persons."
There may be, however, state or local regulations requiring special equipment or identification that must be satisfied before the lower capacity Club Wagons may be used for student transportation. It is the responsibility of the dealer and the purchaser to determine whether any state or local regulations are applicable.
Units for Transportation of College or University Students
Questions sometimes arise concerning sale or lease of Club Wagons and Super Wagons to colleges and universities to transport students on field trips or athletic events.
An opinion from the Office of the Chief Counsel of the National Highway Traffic Safety Administrator indicates that vehicles used for such purposes are not considered to be "school buses" in determining applicability of Federal motor vehicle safety standards.
However, as the opinion points out, individual states are free to regulate vehicles used to transport college and university students if they chose to do so.
Dealer Responsibilities
Because the National Highway Traffic Safety Administration has indicated that it considers the seller of a vehicle to be the person most likely to know its intended use, Ford Motor Company recommends that all dealers who sell or lease a Club Wagon or a Super Wagon as manufactured by Ford Motor Company with more than 10 designed seating positions obtain for his files
a signed statement from the purchaser or lessee that the vehicle is not being purchased or leased for carrying students to and from school or related events.
If a dealer sells or leases such a vehicle and knows or has reason to know that the purchaser or lessee intends to use the vehicle as a school bus, the dealer may be subject to a civil penalty of up to $1,000 per vehicle under the National Traffic and Motor Vehicle Safety Act.
As stated above, it is the responsibility of the dealer and the purchaser to determine whether any state or local regulations apply to vehicles sold or leased for student transportation.
If you have any questions concerning this letter, please contact your district office.
K. C. Magee