![]() If a dealer permanently reduces the seating capacity of a bus to less than 11, the modified vehicle is no longer a Because the dealer would not be selling a bus, the requirement to sell a school bus does not apply. QUESTION #3: Do NHTSA=s school bus requirements apply to full-size passenger vans which have had a seat removed, reducing seating capacity from 12 to 8?ĪNSWER: It may be helpful to keep in mind that anytime a dealer sells or leases a new (a vehicle designed for 11 or more persons) to a school, that bus must be a certified school bus. Leeds Pickering that discusses the issue of bus leases and rentals. I have enclosed a copy of a Jletter to Mr. Use of a vehicle to carry students Aseveral times a to school-related events, as mentioned in your letter, appears to constitute a long- term relationship between the dealer and the school to provide school transportation, which may require a school bus. Instead, we answer whether a motor vehicle is Alikely to be used for transporting students on a case-by- case basis. ![]() NHTSA has not defined the term Aused as it is used in this statutory provision. That section defines as:Ī passenger motor vehicle designed to carry a driver and more than 10 passengers, that the Secretary of Transportation decides is likely to be used significantly to transport preprimary, primary, and secondary school students to or from school or an event related to school. The starting point of our answer is section 30125 of Chapter 301, which sets forth the Congressional directive on school bus safety. However, when the arrangement involves more than a one- time or very occasional rental for a special school activity, the use of the vehicle has to be examined to determine whether the bus is Aused to transport students. NHTSA does not prohibit the occasional rental of a van or other vehicle that does not meet the school bus standards. QUESTION #2: Do NHTSA=s school bus requirements apply to vehicles used only occasionally for school purposes (not for regularly scheduled pupil transportation)?ĪNSWER: Our answer depends on how the vehicle is used for pupil transportation. Thus, there would be no Federal penalty upon a person selling or leasing any used vehicle for school purposes, even if the vehicle does not comply with the school bus standards. Since our standards do not apply to used motor vehicles-vehicles that have been purchased for the first time in good faith for purposes other than resale-sale or lease transactions involving used school buses are not covered by Chapter 301. While NHTSA has a statutory provision relating to the repair and modification of used vehicles, our statutory provisions and standards generally apply to the manufacture and sale of new motor vehicles. QUESTION #1: Do NHTSA=s school bus requirements apply to used vehicles, including 12-passenger vans?ĪNSWER: No. Your specific questions are set forth below, followed by our answers. The requirements that apply to the use of school vehicles are set by the State. While NHTSA regulates the manufacture, sale and lease of new school buses, this agency does not regulate used vehicles, or the use of vehicles. The Act requires each person selling or leasing a new for pupil transportation to ensure that the vehicle is a certified school bus. A "school bus" is a "bus" that is sold to transport children to school or school-related events. Under our regulations, a "bus" is any vehicle, including a van, that has a capacity of 11 persons or more. In 1974, Congress amended this statute (then called the National Traffic and Motor Vehicle Safety Act) to direct NHTSA to issue FMVSSs on specific aspects of school bus safety. Chapter 301, Motor Vehicle Safety, NHTSA is authorized to issue Federal Motor Vehicle Safety Standards (FMVSSs) applicable to new motor vehicles, including school buses. ![]() Some background information may be helpful in understanding our regulations. ![]() You also pose hypothetical situations about how Federal law regulates the sale and lease of new vehicles with different seating capacities and configurations. You ask us specific questions about information a local dealer provided you. This responds to your letter asking how Federal regulations apply to full-size passenger vans used for school transportation.
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