NHTSA’s School Bus Regulations Apply to Vehicle Dealers

Did you know there are restrictions on selling or leasing an 11-15 person passenger van if it will be primarily used to transport children to and from school or school related activities?

Before selling a full-size passenger van to a public or private school group, or even youth groups and child care centers, make sure you are aware of NHTSA’s school bus regulations.

  • Definition of a bus: a bus is a motor vehicle, including a van, that has a capacity of 11 or more people (including the driver).
  • Definition of a SCHOOL bus: for the purposes of NHTSA’s school bus regulations, a school bus is a “bus” that is sold or introduced into interstate commerce for purposes that include carrying students to and from school or related events.

Application to Dealers (linked FAQ)

NHTSA’s school bus regulations require that if a new bus that is likely to be used significantly to transport preprimary, primary, or secondary school students to or from school or school-related events is sold, it must be certified to the federal school bus safety standards. Dealers selling or leasing a new school bus (based on the definitions above) must sell or lease a bus meeting the federal school bus safety standards.

If a dealer sells or leases a vehicle that does not meet the federal school bus safety standards, and the dealer knows or has reason to know that the bus was to be used significantly to transport students, the dealer may be subject to substantial civil penalties under the Safety Act.

Many entities in addition to schools provide school transportation, including child care centers, religious groups, community groups, and school transportation contractors. As a result, we advise dealers, prior to sale, to inquire whether buses purchased by these groups, or other entities who the seller believes may be purchasing the vehicle for pupil transportation, will be used significantly to transport students. NHTSA encourages dealers to obtain written confirmation from the purchaser that the vehicle will not be used in this manner for their records.

The Michigan Department of State Police also prepared a letter specific to dealership sales that discusses how the law regulates the sale and lease of new vehicles with different seating capacities and configurations.

 

Reviewed 02/2025