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Sales
of Vans to Schools
May
a dealership sell a van designed to seat nine
or more passengers to a school for the
transportation of students?
Ohio
law defines a “school bus” to include any
vehicle designed to seat 9 or more passengers
which is operated for the transportation of
children to or from school or a school function,
or owned by a private person and operated for
compensation for the transportation of children to
or from school session or a school function.
Therefore, unless the van meets all
requirements imposed by Federal Motor Vehicle
Safety Standards (FMVSS) for school buses, a
dealership cannot sell this type of vehicle.
The FMVSSs applicable to school buses
require that school buses have stop arms along
with many other safety features over and above
those of other passenger vehicles.
Ohio
law regarding the sale of passenger vans is
stricter than federal law and operates in
conjunction with federal regulations.
What
federal requirements apply to the sale of vans
for the transportation of students?
Federal
requirements regulate new vehicles that carry 11
or more persons that are sold for transporting
students to or from school or school related
events. Those vehicles are required to meet all
Federal Motor Vehicle Safety Standards (FMVSS) for
school buses.
Pursuant
to federal law, a vehicle is regarded as being
sold for use as a school bus if, at the time of
sale, it is evident that the vehicle is likely to
be significantly used to transport students to or
from school or school related events. This statute
applies to school buses sold to public and
parochial schools. Thus, a dealer selling a new
15-passenger van to be used for school
transportation must ensure that the van is
certified as meeting the school bus FMVSS.
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