ID: aiam5455

Dear Ms. Platt: This responds to your letter of August 29, 1994, i which you inquire whether a child 'partially sitting on a bus seat is provided crash protection of Standard 222.' You explain that you were referring to a third child sitting on the edge of a bus seat nearest the aisle. The child can only face the seat across the aisle, rather than face forward, because the bench seat is overcrowded. Some background information would be helpful in responding to your question. 49 U.S.C. 30101, et seq. (formerly known as the National Traffic and Motor Vehicle Safety Act of 1966) provides this agency the authority to issue Federal motor vehicle safety standards (FMVSSs) applicable to new motor vehicles and new items of motor vehicle equipment. Each new vehicle or item of equipment that is sold to the consumer must comply with all applicable FMVSSs in effect on its date of manufacture. However, once the vehicle or equipment is sold, the use of that product becomes a matter of State jurisdiction. NHTSA has no authority to regulate the operation of used vehicles or items of equipment. With respect to school buses, it has been shown that school bus transportation is one of the safest forms of transportation in America (see enclosed School Bus Safety Report, May 1993). Every year, approximately 380,000 public school buses travel approximately 3.8 billion miles to transport 22 million children to and from school and school related activities. Occupant deaths per vehicle mile travelled in school buses are about one-fourth those in passenger cars. Crash protection in large school buses, those with a gross vehicle weight rating (GVWR) of over 10,000 pounds and which typically seat 16 or more, is provided by 'compartmentalization.' That concept requires strong, well- padded, well-anchored, high-backed and evenly-spaced seats for school bus occupant protection. Compartmentalization has been shown to be effective by independent studies of the National Transportation Safety Board and the National Academy of Sciences. Small school buses, on the other hand, those with a GVWR of 10,000 pounds or less and which typically seat fewer than 16 occupants, must be equipped with lap or lap/shoulder belts at all designated seating positions. Turning to your inquiry, this agency agrees it is far less safe for children to sit on the edge of school bus seats, facing the seat across the aisle, rather than face forward. To get the full benefit of compartmentalization, the child occupant should face forward to be cushioned and contained between the strong, well-padded seat backs on the school bus. Thus, Standard 222 requires school bus passenger seats to be forward-facing (paragraph S5.1). When a child is sitting on the edge of the bus seat, as you described, it would seem that either the school bus is overloaded or the passengers are seating themselves improperly, indicating a possible lack of adequate supervision. This agency is seriously concerned about such conditions, but as pointed out above, once a vehicle is sold to the first retail customer, the use of that vehicle becomes the responsibility of the State. Since the States regulate the use of school buses, we recommend that you contact your State and/or local pupil transportation or school officials to inform them of your concerns. The Governor's highway safety representative for Florida is: Mr. Frank Carlile Assistant Secretary for Transportation Policy 605 Suwanne St., MS-57 Tallahassee, FL 32399-0450 Telephone: (904) 922-5820 I am also enclosing for your information a copy of Highway Safety Program Guideline No. 17, Pupil Transportation Safety. This publication was issued jointly by this agency and the Federal Highway Administration and provides recommendations to the states on the operational aspects of their school bus and pupil transportation safety programs. Although these recommendations are not mandatory, they might be helpful in your discussions with school officials. I hope this information is helpful to you. Should you have any further questions or need additional information, please feel free to contact Walter Myers of my staff at this address or at (202) 366-2992. Sincerely, Philip R. Recht Chief Counsel Enclosures;

ID: aiam5070

"Dear Mr. Owens: This responds to your letter requesting informatio regarding the legal aspects of school bus safety standards. Specifically, you requested a book or pamphlet containing the requested information. By way of background information, under the provisions of the National Traffic and Motor Vehicle Safety Act of 1966, 15 U.S.C. 1381 et seq. (Safety Act), the National Highway Traffic Safety Administration (NHTSA) is authorized to promulgate Federal motor vehicle safety standards that apply to the manufacture and sale of new motor vehicles, in order to reduce the number of fatalities and injuries that result from motor vehicle crashes. In 1974 Congress enacted the Motor Vehicle and Schoolbus Safety Amendments of 1974 which, by amending section 121 of the Safety Act, directed the issuance of motor vehicle safety standards on specific aspects of school bus safety, applicable to all school buses. Those standards became effective on April 1, 1977 and are included, along with the rest of the agency's safety standards, in 49 CFR Part 571. The Safety Act defines a school bus as a vehicle that 'is likely to be significantly used for the purpose of transporting primary, preprimary, or secondary school students to or from such schools or events related to such schools.' NHTSA further defines a school bus as a motor vehicle designed for carrying eleven or more persons, including the driver, and sold for transporting students to and from school or school-related events. See 49 CFR 571.3. It is a violation of Federal law for any person knowingly to sell as a school bus any new vehicle that does not comply with all applicable Federal school bus safety standards. On the other hand, once a vehicle has been sold to the first purchaser for purposes other than resale, it may be used to transport school children without violating Federal law, even though it may not comply with Federal school bus safety standards. That is because individual states have the authority to regulate the use of vehicles. Therefore, to ascertain whether one may use noncomplying vehicles to transport school children, one must look to state law. It is this agency's position that vehicles meeting Federal school bus safety standards are the safest way to transport school children. Please find enclosed a pamphlet issued by this agency entitled Federal Motor Vehicle Safety Standards and Regulations, which summarizes our safety standards. Specifically, the following standards include requirements for school buses: Standards 101 through 104, Standard 105 (school buses with hydraulic brakes) Standards 106 through 108, Standards 111 through 113, Standard 115, Standard 116 (school buses with hydraulic service brakes), Standards 119 and 120, Standard 121 (school buses with air brakes), Standard 124, Standard 131 (effective September 1, 1992), Standards 201 through 204 (school buses with a gross vehicle weight rating (GVWR) of 10,000 pounds or less), Standard 205, Standards 207 through 210, Standard 212 (school buses with GVWR of 10,000 pounds or less), Standard 217, Standard 219 (school buses with GVWR of 10,000 pounds or less), Standard 220, Standard 221 (school buses with GVWR greater than 10,000 pounds), Standard 222, Standards 301 and 302. Some of the above-listed standards have unique requirements for school buses, including, but not necessarily limited to, Standards 105, 108, 111, 217, and 301. Other standards are applicable only to school buses, such as Standards 131, 220, 221, and 222. Standard 131 was promulgated on May 3, 1991 and may be found at 56 Federal Register 20370. It requires all school buses manufactured after September 1, 1992, to be equipped with stop signal arms. Standard 220 establishes requirements for school bus rollover protection. Standard 221 establishes strength requirements for school bus body panel joints. Standard 222 establishes minimum crash protection levels for occupants of school buses. Under the provisions of Standard 222, small school buses, that is those with a GVWR of 10,000 pounds or less, must be equipped with lap belts. For large school buses, those with a GVWR greater than 10,000 pounds, the standard requires occupant protection through 'compartmentalization,' a concept which calls for strong, well-padded, well-anchored, high-backed, evenly spaced seats. Should you wish copies of our safety standards, I am enclosing for your information a fact sheet prepared by this office entitled Where to Obtain NHTSA's Safety Standards and Regulations. I hope this information is helpful. If you have further questions in this regard, please feel free to contact Mr. Walter Myers of my staff at this address or by telephone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel Enclosures";

ID: aiam5495

"Dear Mr. Smith: Thank you for your letter regarding the inquiry fro your constituent, Dave Globig of Spring Arbor College, concerning Federal requirements for the transportation of school children. I appreciate this opportunity to clarify our regulations on this subject. Mr. Globig's understanding is that Federal law 'will not allow certification of any vans made after 1995 and, after 1997, will not allow any vans to be certified.' You stated that Mr. Globig was concerned about purchasing expensive vehicles and finding out later that 'they cannot be certified.' By way of background information, 49 U.S.C. section 30101 et seq. authorizes the National Highway Traffic Safety Administration (NHTSA) to issue Federal motor vehicle safety standards (FMVSSs) for new motor vehicles, including school buses. Under that authority, NHTSA issued a comprehensive set of school bus safety standards that ensures that school buses are one of the safest forms of transportation. These standards require school buses to have safety features that include emergency exits, strengthened body panel joints, protective seating and special lamps and mirrors. Our regulations require manufacturers to self-certify the compliance of their vehicles. Our regulations also require each person selling a new school bus to sell only buses that have been certified by the manufacturer as meeting these school bus safety standards. Under our regulations, a motor vehicle, including a van, designed to carry 11 or more persons (including the driver) is classified as a 'bus.' A 'school bus' is defined as a bus that is sold 'for purposes that include carrying students to and from school or related events.' The term 'school' refers to preprimary, primary, and secondary school. With regard to Mr. Globig's belief that after 1995, Federal law will not allow any vans to be certified, there is no such prohibition going in effect. NHTSA has no requirement that would prevent a manufacturer from certifying its van as meeting all applicable FMVSSs, including the school bus standards, if the vehicle in fact complied with those standards. There are two issues we would like to bring to Mr. Globig's attention. The first issue relates to which requirements apply to the use of school vehicles. The responsibility for complying with our school bus requirements rests with the manufacturer and seller of a new bus. The school purchaser, on the other hand, has no obligation under our regulations to purchase and use a complying school bus, or any other type of vehicle. Since Federal law applies only to the manufacture and sale of a new vehicle, under our regulations, a school may use any vehicle it chooses to transport its students. NHTSA does not have the authority to prevent a school from using any of its vehicles. Once a new vehicle has been sold, the use of that vehicle becomes subject to state law. Thus, Mr. Globig should contact state officials for information about any requirements Michigan might have concerning the use of vans as school vehicles. NHTSA strongly recommends that school children only be carried in vehicles meeting Federal school bus safety standards. We have enclosed for your information a copy of Highway Safety Program Guideline No. 17, Pupil Transportation Safety. This publication was issued under the authority of the Highway Safety Act of 1966, 23 U.S.C. 401, et seq., which authorizes this agency to issue nonbinding guidelines to which states may refer in developing their own highway safety programs. Guideline 17, jointly issued by this agency and the Federal Highway Administration, provides recommendations to the states on various operational aspects of their school bus and pupil transportation safety programs. The Guideline recommends, among other things, that any school vehicle designed to carry 11 or more persons should comply with all Federal safety standards applicable to school buses at the time the vehicle was manufactured. The second issue concerns the meaning of 'school' with respect to our school bus safety standards. The school bus safety requirements apply only to new buses used to transport preprimary, primary, or secondary school children. If Mr. Globig is asking about a college, such an institution is not considered a 'school' as that term is used in our regulations. Therefore, new buses sold for transporting college students are not required to comply with the Federal school bus safety standards. I hope this information is helpful to you in responding to your constituent. Should Mr. Globig have additional questions or need additional information, he should feel free to contact Walter Myers of my staff at this address or at (202) 366-2992. Sincerely, Philip R. Recht Chief Counsel Enclosure";

ID: 86-3.33

TYPE: INTERPRETATION-NHTSA

DATE: 05/27/86 EST

FROM: ERIKA Z. JONES -- NHTSA CHIEF COUNSEL

TO: R.A. BYNUM -- ASSOCIATE DIRECTOR, PUPIL TRANSPORTATION SERVICE, VIRGINIA DEPARTMENT OF EDUCATION

TITLE: NONE

TEXT: This is a response to your letter of January 25, 1988, where you asked this agency to "provide (your Department) with the precise language of the various federal laws and regulations which describes the application and enforcement of the April 1, 1977 school vehicle regulations." You state that Virginia has "agreed to enforce" the Federal school bus regulations by requiring that "all school activity buses purchased, leased or contracted for after January 1, 1985" comply with Federal school bus regulations.

You state that according to your maintenance records for vehicles in the school bus fleet, some "Detroit Line" vans do not comply with Federal regulations, and Virginia may wish to take some action (1) to remove certain "noncomplying" vehicles from the school bus fleet, and (2) to warn dealers and manufacturers against selling noncomplying vehicles to Virginia school divisions. You state that you are concerned with "school activity vehicles which were designed for more than ten passenger capacity," and say that the State of Virginia may order some school districts to remove certain vehicles from service, because they appear not to comply with Federal safety standards for school buses.

As I read your letter and the materials you submit with it, your principal concern seems to be with the compliance requirements for passenger vans with at least 11 designaated seating positions, and used to transport students to and from school-related events. Let me begin by explaining that under Federal regulations, there is no vehicle classification called "van." Instead, a passenger van is classified either as a "multipurpose passenger vehicle" (MPV) or a "bus," depending primarily upon its seating capacity. An MPV is a motor vehicle (1) designed to carry a driver and nine or fewer passengers, (in other words, with not more than 10 designated seating positions), and (2) either constructed on a truck chassis or equipped with features for off-road operation. A bus is a motor vehicle designed to carry a driver and 10 or more passengers. (In other words, a bus has at least 11 designated seating positions.)

If that vehicle with at least 11 designated seating positions also is manufactured and sold to carry school children, then the vehicle is not just a bus, but a school bus. The National Traffic and Motor Vehicle Safety Act (Vehicle Safety Act) and regulations issued under it, define a school bus in terms of (1) the vehicle's designed capacity for carrying people, and (2) the vehicle's intended use. More specifically, a school bus is a motor vehicle designed for carrying a driver and 10 or more passengers, and sold for transporting students to and from school or school-related events. Please note that a vehicle with at least 11 designated seating positions intended for use in transporting students to school-related activities is a school bus even if the vehicle is not used to transport students to and from school.

Please note further that NHTSA uses its definition of school bus in regulating the manufacture and sale of new vehicles. A new vehicle that meets the definition of a school bus must meet Federal safety standards for school buses. A school bus manufacturer must certify that its vehicle meet all applicable Federal safety standards, and a commercial seller must sell only a complying vehicle as a school bus. In your letter, you state that Virginia may warn some dealers and manufacturers against selling noncomplying vehicles to your school districts. If a dealer has in its inventory, a motor vehicle with at least 11 designated seating positions, and if that vehicle is not certified as complying with all Federal safety standards applicable to a school bus, then in all likelihood, the dealer has violated the Vehicle Safety Act if he sells or has sold a noncomplying vehicle to a Virginia school district.

This is because NHTSA has maintained a long-standing position that if a dealer sells an MPV or bus capable of being converted and used as a school bus to a school or a school bus contract operator, that dealer is responsible for certifying the vehicle's compliance with school bus standards. (40 FR 40854, September 4, 1975.) The agency has placed these special responsibilities with the dealer because the dealer frequently is the person in the distribution chain with the best knowledge of how a buyer intends to use a vehicle. In a case where the dealer is uncertain of the buyer's intent, the agency has suggested that the dealer request a written statement of purpose from the buyer. (40 FR 60033, 60034, December 31, 1975.) Of course, a manufacturer who sells a noncomplying vehicle to a school district also violates the Vehicle Safety Act, and is subject to a civil penalty of $ 1000 for each violation of the Act or regulations issued under it.

Generally under the Vehicle Safety Act, a manufacturer's or seller's certification responsibilities apply up to the vehicle's first purchase in good faith for purposes other than resale (in other words, up to the first retail sale of the vehicle). After that first retail sale, Federal responsibilities change. Federal restrictions concerning used vehicles are set out in @ 108(a)(2)(A) of the Vehicle Safety Act (15 U.S.C. 1397(a)(2)(A)). That section states that:

No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard . . .

Section 108 means that none of the identified persons or businesses may remove, disconnect, or degrade the performance of safety equipment or designs that are installed in a school bus in compliance with an applicable Federal safety standard. Note that this prohibition in the Federal law does not prevent the vehicle owner (e.g., a local school system) from itself making modifications to its own vehicles. Again, as with any violation of $ 108 or regulations issued under it, this agency may seek civil penalties of $ 1000 per violation.

In your letter, you express concern with the failure of some Virginia school districts either to purchase school buses that comply with Federal safety standards, or to maintain the districts' existing school bus fleet. Please be aware that there is no Federal requirement that school districts either purchase complying vehicles for transporting school students, maintain a bus fleet so that the vehicles continue to comply with Federal safety standards, or otherwise bring a vehicle into compliance with Federal school bus standards. This agency can not regulate the purchase or use of a vehicle, and consequently can not require a school district to purchase or use only those vehicles that comply with the Federal school bus safety standards. These matters are within the authority of the individual State. Under a Federal statute called the Highway Safety Act, NHTSA has issued guidelines that cover a wide range of subjects relative to school bus identification, operation, and maintenance (23 CFR Part 1204, Highway Safety Program Standard No. 17). NHTSA may recommend, but does not require, that an individual State adopt all or part of these guidelines. Therefore, the State of Virginia, not the Federal Government, would impose limitations on the purchase, use, and maintenance of vehicles by a school district, and would determine whether to order a district to remove noncomplying vehicles from its school bus fleet.

You ask for "the precise language" of Federal laws and regulations that apply to school buses. Title 49 of the Code of Federal Regulations (CFR) Part 571 contains the Federal safety standards. The following is a list of the Federal motor vehicle safety standards that include requirements for new school buses:

Standards No. 101 through 104 (49 CFR @ 571.101 - @ 571.104)

Standard No. 105 (School buses with hydraulic service brake systems)

Standards No. 106 through 108

Standards No. 111 through 113

Standard No. 115

Standard 116 (School buses with hydraulic brake systems)

Standard No. 120

Standard No. 121 (School buses with air brake systems)

Standard No. 124

Standards No. 201, 203, and 204 (School buses with a gross vehicle

weight rating [GVWR] of 10,000 pounds or less)

Standards No. 205, 207, 208, and 210

Standard No. 212 (School buses with a GVWR of 10,000 pounds or less)

Standard No. 217

Standard No. 219 (School buses with a GVWR of 10,000 pounds or less) Standard No. 220

Standard No. 221 (School buses with a GVWR greater than 10,000 pounds)

Standards No. 222, 301, 302.

You may find a copy of 49 CFR at a Federal Depository Library in your State. I enclose a list of those Libraries in Virginia. If you so choose, you may purchase a copy of Title 49 from the United States Printing Office (GPO), Washington, D.C., 20402, (202) 783-3238. The principal Federal statute governing vehicle safety regulation is the Vehicle Safety Act (15 United States Code @ 1381 et seq.). You may obtain a copy of this and other Federal laws from GPO.

In an undated memorandum you sent to Division Superintendents, you refer to a school bus fleet review, and state that this review includes "cars, vans, activity buses, etc. which are used primarily to transport school pupils." Some of these vehicles were not subject to Federal school bus vehicle classification. I must emphasize NHTSA's position that a vehicle meeting Federal school bus regulations is the safest way to transport students, and I encourage your school districts to give their most careful consideration to the possible consequences of transporting students in vehicles that do not comply with these regulations.

I hope you find this information helpful. If you have further questions, please contact Joan Tilghman of my staff at this address or by telephone at (202) 366-2992.

ID: 2885o

Mr. R.A. Bynum
Associate Director, Pupil Transportation Service
Virginia Department of Education
P.O. Box 60
Richmond, VA 23216-2060

Dear Mr. Bynum:

This is a response to your letter of January 25, 1988, where you asked this agency to "provide (your Department) with the precise language of the various federal laws and regulations which describes the application and enforcement of the April 1, 1977 school vehicle regulations." You state that Virginia has "agreed to enforce" the Federal school bus regulations by requiring that "all school activity buses purchased, leased or contracted for after January 1, 1985" comply with Federal school bus regulations.

You state that according to your maintenance records for vehicles in the school bus fleet, some "Detroit Line" vans do not comply with Federal regulations, and Virginia may wish to take some action (1) to remove certain "noncomplying" vehicles from the school bus fleet, and (2) to warn dealers and manufacturers against selling noncomplying vehicles to Virginia school divisions. You state that you are concerned with "school activity vehicles which were designed for more than ten passenger capacity," and say that the State of Virginia may order some school districts to remove certain vehicles from service, because they appear not to comply with Federal safety standards for school buses.

As I read your letter and the materials you submit with it, your principal concern seems to be with the compliance requirements for passenger vans with at least 11 designated seating positions, and used to transport students to and from school-related events. Let me begin by explaining that under Federal regulations, there is no vehicle classification called "van." Instead, a passenger van is classified either as a "multipurpose passenger vehicle" (MPV) or a "bus," depending primarily upon its seating capacity. An MPV is a motor vehicle (1) designed to carry a driver and nine or fewer passengers, (in other words, with not more than 10 designated seating positions), and (2) either constructed on a truck chassis or equipped with features for off-road operation. A bus is a motor vehicle designed to carry a driver and 10 or more passengers. (In other words, a bus has at least 11 designated seating positions.) If that vehicle with at least 11 designated seating positions also is manufactured and sold to carry school children, then the vehicle is not just a bus, but a school bus. The National Traffic and Motor Vehicle Safety Act (Vehicle Safety Act) and regulations issued under it, define a school bus in terms of (1) the vehicle's designed capacity for carrying people, and (2) the vehicle's intended use. More specifically, a school bus is a motor vehicle designed for carrying a driver and 10 or more passengers, and sold for transporting students to and from school or school-related events. Please note that a vehicle with at least ll designated seating positions intended for use in transporting students to school-related activities is a school bus even if the vehicle is not used to transport students to and from school.

Please note further that NHTSA uses its definition of school bus in regulating the manufacture and sale of new vehicles. A new vehicle that meets the definition of a school bus must meet Federal safety standards for school buses. A school bus manufacturer must certify that its vehicles meet all applicable Federal safety standards, and a commercial seller must sell only a complying vehicle as a school bus. In your letter, you state that Virginia may warn some dealers and manufacturers against selling noncomplying vehicles to your school districts. If a dealer has in its inventory, a motor vehicle with at least 11 designated seating positions, and if that vehicle is not certified as complying with all Federal safety standards applicable to a school bus, then in all likelihood, the dealer has violated the Vehicle Safety Act if he sells or has sold a noncomplying vehicle to a Virginia school district.

This is because NHTSA has maintained a long-standing position that if a dealer sells an MPV or bus capable of being converted and used as a school bus to a school or a school bus contract operator, that dealer is responsible for certifying the vehicle's compliance with school bus standards. (40 FR 40854, September 4, 1975.) The agency has placed these special responsibilities with the dealer because the dealer frequently is the person in the distribution chain with the best knowledge of how a buyer intends to use a vehicle. In a case where the dealer is uncertain of the buyer's intent, the agency has suggested that the dealer request a written statement of purpose from the buyer. (40 FR 60033, 60034, December 31, 1975.) Of course, a manufacturer who sells a noncomplying vehicle to a school district also violates the Vehicle Safety Act, and is subject to a civil penalty of $1000 for each violation of the Act or regulations issued under it.

Generally under the Vehicle Safety Act, a manufacturer's or seller's certification responsibilities apply up to the vehicle's first purchase in good faith for purposes other than resale (in other words, up to the first retail sale of the vehicle). After that first retail sale, Federal responsibilities change. Federal restrictions concerning used vehicles are set out in 108(a)(2)(A) of the Vehicle Safety Act (15 U.S.C. 1397(a)(2)(A)). That section states that: No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard...

Section 108 means that none of the identified persons or businesses may remove, disconnect, or degrade the performance of safety equipment or designs that are installed in a school bus in compliance with an applicable Federal safety standard. Note that this prohibition in the Federal law does not prevent the vehicle owner (e.g., a local school system) from itself making modifications to its own vehicles. Again, as with any violation of 108 or regulations issued under it, this agency may seek civil penalties of $1000 per violation.

In your letter, you express concern with the failure of some Virginia school districts either to purchase school buses that comply with Federal safety standards, or to maintain the districts' existing school bus fleet. Please be aware that there is no Federal requirement that school districts either purchase complying vehicles for transporting school students, maintain a bus fleet so that the vehicles continue to comply with Federal safety standards, or otherwise bring a vehicle into compliance with Federal school bus standards. This agency can not regulate the purchase or use of a vehicle, and consequently can not require a school district to purchase or use only those vehicles that comply with the Federal school bus safety standards. These matters are within the authority of the individual State. Under a Federal statute called the Highway Safety Act, NHTSA has issued guidelines that cover a wide range of subjects relative to school bus identification, operation, and maintenance (23 CFR Part 1204, Highway Safety Program Standard No. 17). NHTSA may recommend, but does not require, that an individual State adopt all or part of these guidelines. Therefore, the State of Virginia, not the Federal Government, would impose limitations on the purchase, use, and maintenance of vehicles by a school district, and would determine whether to order a district to remove noncomplying vehicles from its school bus fleet.

You ask for "the precise language" of Federal laws and regulations that apply to school buses. Title 49 of the Code of Federal Regulations (CFR) Part 571 contains the Federal safety standards. The following is a list of the Federal motor vehicle safety standards that include requirements for new school buses:

Standards No. 101 through 104 (49 CFR 571.101 - 571.104) Standard No. 105 (School buses with hydraulic service brake systems) Standards No. 106 through 108 Standards No. 111 through 113 Standard No. 115 Standard 116 (School buses with hydraulic brake systems) Standard 120 Standard No. 121 (School buses with air brake systems) Standard No. 124 Standards No. 201, 203, and 204 (School buses with a gross vehicle weight rating [GVWR] of 10,000 pounds or less) Standards No. 205, 207, 208, and 210 Standard No. 212 (School buses with a GVWR of 10,000 pounds or less) Standard No. 217 Standard No. 219 (School buses with a GVWR of 10,000 pounds or less) Standard No. 220 Standard No. 221 (School buses with a GVWR greater than 10,000 pounds) Standards No. 222, 301, 302.

You may find a copy of 49 CFR at a Federal Depository Library in your State. I enclose a list of those Libraries in Virginia. If you so choose, you may purchase a copy of Title 49 from the United States Printing Office (GPO), Washington, D.C., 20402, (202) 783-3238. The principal Federal statute governing vehicle safety regulation is the Vehicle Safety Act (15 United States Code 1381 et seq.). You may obtain a copy of this and other Federal laws from GPO.

In an undated memorandum you sent to Division Superintendents, you refer to a school bus fleet review, and state that this review includes "cars, vans, activity buses, etc. which are used primarily to transport school pupils." Some of these vehicles were not subject to Federal school bus safety standards, because the vehicles do not fit in the school bus vehicle classification. I must emphasize NHTSA's position that a vehicle meeting Federal school bus regulations is the safest way to transport students, and I encourage your school districts to give their most careful consideration to the possible consequences of transporting students in vehicles that do not comply with these regulations.

I hope you find this information helpful. If you have further questions, please contact Joan Tilghman of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Erika Z. Jones Chief Counsel

/ Senator John W. Warner 805 Federal Building 200 Granby Mall Norfolk, VA 23510 ref:VSA#57l d:5/27/88

ID: aiam4434

"Dear Mr. Momboisse: Your letter of May 19, 1988, to the Genera Counsel of the Department of Transportation has been forwarded to this Office for reply. You request a waiver 'exempting the Hummer vehicle from the Federal Motor Vehicle Safety Standards (FMVSS) when purchased directly from the manufacturer, AM General Corporation.' This response is based upon the information contained in your letter, and upon information my staff has obtained in telephone conversations with Ed Butkera of AM General Corporation, manufacturer of the Hummer, relating to its compliance with the Federal motor vehicle safety standards, and Gary Runyon of the Border Patrol, relating to the mission of that agency and the role the Hummer plays in it. According to our information, the Hummer is a vehicle which was developed specifically for, manufactured for, and sold exclusively to, the U.S. Army. The Border Patrol has bought Hummers from the Army because of certain features it finds advantageous in its operations, and its expanded missions involving interdiction of drugs. The principal reasons for your request are (1) that the Border Patrol desires to buy Hummers equipped with an assembly line addition (a central tire inflation system) is not incorporated on the Hummers sold to the Army, and (2) that, by buying directly from AM General Corporation, the Border Patrol will save $5,000 per vehicle, as the price of Army Hummers reflects the added expense of amortized development costs. This agency has jurisdiction over 'motor vehicles' as that term is defined by l5 U.S.C. 139l(3). If a vehicle is not a 'motor vehicle,' then the Federal motor vehicle safety standards do not apply to it. The exclusion of military vehicles from applicability of the safety standards in 49 C.F.R. 57l.7(a), which you quoted, is operative only if those vehicles would otherwise be 'motor vehicles' required to comply with the standards. Under l5 U.S.C. 1391(3), a 'motor vehicle' is 'any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways....' The agency has interpreted this definition to exclude such vehicles as minibikes, golf carts, all-terrain vehicles, single seat racing cars used on closed courses, airport crash and rescue vehicles, and farm tractors. On the other hand, the agency has included in the definition farm trailers which haul produce over the public roads to processing centers, stock cars modified for racing unless such modifications are so extensive that the vehicle can no longer be licensed for use on the public roads, and vehicles capable of use both on rails and the public roads. You have informed us that the Hummer will 'generally only be used on public highways to travel between stations and assigned duty areas.' However, you have also informed us that this will constitute approximately 30% of its operational time. Were we to consider this factor alone, we could not conclude that the Hummer was not a 'motor vehicle.' However, there are further factors that make the proper classification of the Hummer a close question. The Hummer was developed as a vehicle for military operations and not for civilian applications, its manufacturer does not advertise or sell it for civilian purposes, and its configuration is such that it probably could not be licensed for use on the public roads without modification of some of its original military specifications. Resolution of this question is not necessary since the mission and method of operation of the Border Patrol provide a separate basis for concluding that the Hummers to be purchased by the Border Patrol are not subject to the FMVSS. We understand that one of the missions of the Border Patrol is to act as an agency of national security in protection of the country's borders to ensure that persons and goods enter and exit only through official Customs and Immigration stations, and that this role has become of paramount importance in the 'war against drugs.' In this enforcement effort, the Hummers of necessity carry firearms such as the M-l4 and M-16 rifles which the Army Hummer carries, can be equipped with military communications equipment enabling them to serve as command posts, and carry certain military equipment used for electronic interception and sensing movement. It further appears that in this mission the Border Patrol is not only equipped like a component of the Armed Forces of the United States, but also is trained and functions in many respects that are similar to such a component. Accordingly, for the purposes of applying the exclusionary phrase of 49 CFR 571.7(a), it is appropriate to regard the Border Patrol as being akin to a component of the Armed Forces of the United States. In consideration of the foregoing, the National Highway Traffic Safety Administration has concluded that AM General Corporation will not be in violation of the National Traffic and Motor Vehicle Safety Act if it manufactures and sells Hummers to the Border Patrol for its use as described in your letter. Sincerely, Erika Z. Jones Chief Counsel";

ID: aiam2801

Dear Mr. Whitley: This is in reply to your letter of January 17, 1978, in which you aske for a definition of the automobile-mounted camping unit illustrated in Design Patent No. 198,497.; The automobile-mounted camping unit would be classified as a 'Slide-i camper' and would be regulated by the Federal Motor Vehicle Safety Standard No. 126, Truck-Camper Loading. We are enclosing a copy of Safety Standard No. 126 and a copy of an amendment dated April 21, 1978. The complete Federal Motor Vehicles Safety Standards (FMVSS) and Regulations may be purchased from the Superintendent of Documents by using the enclosed subscription order form.; Sincerely, Michael M. Finkelstein, Acting Associate Administrator fo Rulemaking;

ID: aiam0659

Dear Mr. Adams: This is in reply to your letter of February 17, 1972, in which you as for information on safety specifications as they would apply to travel trailers.; All trailers manufactured for use on the public roads are required t meet applicable Federal Motor Vehicle Safety Standards (FMVSS) in effect on the date of manufacture. Part 567 of Title 49 of the Code of Federal Regulations requires that a certification label be attached to the left front of the trailer. A specific conformity statement is required, among other things, on the label. A copy of the regulation is enclosed.; We do not have information at this time that would add to the articl in the St. Louis Post Dispatch.; Thank you for your interest in the program of the National Highwa Traffic Safety Administration.; Sincerely, Francis Armstrong, Director, Office of Standard Enforcement, Motor Vehicle Programs;

ID: aiam0661

Dear Mr. Adams: This is in reply to your letter of February 17, 1972, in which you as for information on safety specifications as they would apply to travel trailers.; All trailers manufactured for use on the public roads are required t meet applicable Federal Motor Vehicle Safety Standards (FMVSS) in effect on the date of manufacture. Part 567 of Title 49 of the Code of Federal Regulations requires that a certification label be attached to the left front of the trailer. A specific conformity statement is required, among other things, on the label. A copy of the regulation is enclosed.; We do not have information at this time that would add to the articl in the St. Louis Post Dispatch.; Thank you for your interest in the program of the National Highwa Traffic Safety Administration.; Sincerely, Francis Armstrong, Director, Office of Standard Enforcement, Motor Vehicle Programs;

ID: nht90-4.78

TYPE: Interpretation-NHTSA

DATE: December 11, 1990

FROM: Chino O'Hara -- Minority Co-Ordinator, Del Mar Manufacturing Company

TO: Office of Chief Council -- NHTSA-NCC

TITLE: None

ATTACHMT: Attached to letter dated January 14, 1991 from Paul Jackson Rice to Chino O'Hara (A37; Std. 108; Std. 121; Std. 302; Std. 105; VSA 108(a)(2)(A))

TEXT:

Del Mar Manufacturing Co, has been in Business for over 20 years, we are a Certified Minority Owned Business here in Southern Cal. Our product (HUSKY-ANTI SQUEEK) is a breakthrough in the Automotive Aftermarket Brake Industry. Currently this product is being tested by GENERAL MOTORS, FORD, CHRYSLER, TOYOTA, HONDA, NISSAN and some military installations. The question keeps coming up (DO WE NEED DOT APPROVAL FOR OUR PRODUCT). If you can answer this question in a written response to us it would be appr eciated.

Attachment

MATERIAL SAFETY DATA SHEET DEL MAR MANUFACTURING CO. 2713-B N. TOWNE AVE. POMONA, CA. 91767 EMERGENCY TELEPHONE: 714-625-0555 SECTION I-PRODUCT IDENTIFICATION

Part Number: AS-88 Product Name: Husky Brake Anti-SqueekChemical Family: Brake Quite

SECTION II-HAZARDOUS INGREDIENTS

Ingredients: % TLVGraphite-Carbon Black: 4.8 --- Aliphatic Solvent : 27.0 400 Aromatic Solvents : 28.0 200

SECTION III-PHYSICAL DATA

Boiling Poin: Deg. F/C 181 F/83 C Specific Gravity: 1.1 Vapor Pressure (MM HG): 33 %Volatile Volume: 68 Vapor Density (AIR=1): 1.3 Evaporation Rate: 1.5Solubility in Water: Miscible Water/oil Dist Coeff: 9 Appearance and Odor: High Viscosity Black Liquid, Slightly Sweet Odor. Physical State: Liquid Freeze Pt.: Deg F/C 10F/-14C Threshold Odor.PPM 5PH: N/A

SECTION IV-FIRE AND EXPLOSION HAZARD

Flammability Classification: Flammable Liquid NFPA Rating: 1,3,0 Flash Point Deg. 54/11 C Extinguishing Media: Extinguish With Dry Chemical Water, ray or Fog Special Fire Fighting Procedures: Use Air Supplied Rescue Equipment in Closed Areas. Cool Exposed Container With Water. Explosive Power: Low Impact Sensitive: NoBurning Rate: Low

SECTION V-HEALTH HAZARD DATA

Threshold Limit Value: 390 PPM Effects of Overexposure: May Cause Dizziness, Light Headache, and Difficulty in Breathing in areas of High Concentration of Vapors. Any Victim Should Seek Air Free of Vapors. Emergency and First Aid Procedures: Eyes, Flush Immediately With Plenty of Waters. Skin, Wash with Soap and Water. If Swallowed, Do Not Induce Vomiting and Contact Physician Immediately.

SECTION VI-REACTIVITY DATA

Stability: Yes Conditions to Avoid: Keep Away From Heat, Sparks, Flames or Sources of Ignition. Incompatibility: Strong Oxidizers Hazardous Decomposition Products: No Hazardous Polymerization: No

SECTION VII-SPILL OR LEAK PROCEDURES

Steps to be Taken in Case Material is Released or Spilled: In Case of Spill: Flush Small Amounts to Sewer With Plenty of Water. Remove All Sources of Ignition, Ventilate Area, Clean up With Absorbent Material Contain and Pick up Waste Material, Put in a Sealed Approved Container. Report Quantity: 10,000 lb. Dispose of Waste In Accordance With Federal, State and Local Regulations.

SECTION VIII-SPECIAL PROTECTION INFORMATION

Respiratory Protection: Use Only in Well Ventilated Areas.

Ventilation-Local: Recommended Mechanical : Required Special : Keep Away From Heat and Flame

Protective Gloves: Vinyl or Leather Solvent Resistant Gloves, Eye Protection : Goggles Other Protective Equipment: Vinyl or Leather Apron & If Ventilation is Inadequate, Wear Approved Respiratory Equipment.

SECTION IX - SPECIAL PRECAUTIONS

Precautions To Be Taken In Handling and Storing: Store in Cool Dry Area, Keep Away From Heat, Sparks, Flames, or Sources of Ignition. Adequate Ventilation Required. Avoid Prolonged or Repeated Breathing of Gas, Fumes, Vapor or Spray Mist. Avoid Prolonged or Repeated Contact With Skin. Do Not Take I nternally. In Case of Accident or Illness, Contact Physician Immediately.

Other Precautions: Keep Out of Reach of Children. Read and Follow Directions on The Product Label.

Neither this data sheet nor any statement contained herein grants or extends any license, express or implied, in connection with patents issued or pending which may be the property of the manufacture or others. The information in this data sheet has bee n assembled by the manufacturer based on its own studies and on the work of others. The manufacturer makes no warranties, express or implied, as to the accuracy, completeness, or adequacy of the information contained herein. The manufacturer shall not be liable (regardless of fault) to the vendee, the vendee's employees, or anyone for any direct, special or consequential damages arising out of or in connection with the accuracy, completeness, adequacy, or furnishing of such information.

BRAKE ANTI-SQUEEK APPLICATION INSTRUCTIONS STEP 1 : DISASSEMBLY

A : Remove pads from caliper assembly. B : Sand pad surface using a light to medium sand paper or emery cloth. This will remove the glaze (on used pads). STEP 2 : CLEANING

A : Spray (clean) pad surface liberally with brake cleaner. This removes all contaminants from the pad surface. Let dry completely, approximately one minute. STEP 3 : BRAKE ANTI-SQUEEK APPLICATION

A : Heat metal backing plate until lining is hot to open pores in the lining. Soak pads in brake anti-squeek for 10 minutes face down to allow solution to penetrate the pads. Note: Metal backing plate must be heated up to promote faster drying. STEP 4 : REASSEMBLY & INSTALLATION

When pad surfaces are compltely dry, assemble and reinstate brake assembly.

STEP 5 : TESTING THE BRAKES

It should be noted that brakes will GRAB & GROAN tremendously during the first two or three stops. This is normal. USE HUSKY BRAKE ANTI-SQUEEK, EVERYTIME YOU DO A BRAKE JOB.

Subject: "Husky Brake Anti-squeek (HBAS)" "cure for noisy, nervous brakes" Thank you for stopping at our booth.

The Del Mar manufacturing Co. started business in July 1972 with idea to manufacture and distribute the finest line of automotive chemicals and tire sealing products available at very competative prices. Now after 18 years in business we have reached th is goal of having the highest quality in products available throughout the country for the automobile, bicycle and motorcycle industries. Our products include tire sealers for almost all kinds of tires, brake anti-squeek for disc or regular brakes, D-gu m and Saf-T-Dip: a carburetor parts cleaner and fiberglass metal cleaner and polish. We welcome your orders and look forward to doing business with you.

We have nationwide W.D program for our very unique product "HUSKY BRAKE ANTI-SQUEEK". We have manufacturing representatives in all states except east coast and south eastern states.

Unlike many other jelly type products which are applied to the back of the plate, HBAS is applied directly on the pad surface which will stop BRAKE SQUEEKING and will produce a surface that gives better braking.

The following are unique features of HBAS: * Quiets noisy brakes. * Will stop brake squeaking and eliminate pad squeal. * Produce a surface that gives better braking. * Recommended for use on old or new pads, either metallic, semi-metallic, or organic or non-asbestos organic.

Here is some suggested approach that shows you why you should use HUSKY BRAKE ANTI-SQUEEK.

1. 87% of all brake job "comebacks" are squeek related. 2. Husky brake anti-squeek should be applied to all brake jobs as "insurance" against squeek comebacks. 3. One can of HBAS will treat 8-10 brake jobs making it a very in- expensive item to the mechanic, less than $0.50 per brake job. (average brake job - $185.00).

This product has been accepted by a great number of new and used car dealers and many big name chains specializing in brake jobs throughout the unites states. We invite you to try this effective solution to a particularly irritating source of noise poll ution. You will be amazed to see the results of your brakes after HBAS application.

This product has been endorsed by top two undercar distributors, TRUSTAR and CYGNUS for their members, private label under their name.

Thank you very much for your time. Please don't hesitate to call us for any question you may have.

BRAKE SQUEAKS DRIVING YOU NUTS !!! Nationally 28% of the brake jobs done come back, of which 87.0% are from squeaks.

The reason is because of lack of time, training and competitive cost of the brake job.

A large part of the squeaks are caused from the rotor and brake pad vibration. Squeaks are vibrations.

To help you understand more fully, think of the rotor being trued up by grinding away the rotor surface from the center to the outside edge of the rotor. By doing so, even on a fine cut, you leave grooves very much like a phonograph record has.

When you install the brake pads face surface to the rotor with groves, the brake pad is softer than the rotor and the rotor cuts grooves in the brake pad. When the rotor turns, the grooves and the brake pads try to follow the rotor grooves to the outsid e edge of the rotor, very much like the record player arm and needle follows the grooves in the phonograph record. We call this record effect, causing a squeak.

With the brake pad it can only travel so far and then snaps back and starts all over again until the rotor and brake pad wear together to a smooth working surface. It takes about 3000 to 5000 miles for this to happen.

This is by far the largest cause of squeaks in the brakes today.

To help correct this , there is a product called "HUSKY", it is an anti- squeek compound, made by Del Mar Manufacturing Company.

It is a compound that is applied to the face surface of the brake pad which soaks into the padding material and has graphite in it to help the pad to slip and not drag on the rotor, therefore eliminating the pad and rotor wearing together to cause a sque ak.

For a few cents per brake job, you can be assured that your customer's brake job will not come back with that all too frequent squeak that cost you time and money and most of all your customers trust you did the job right the first time.

Attachment

One page advertisement for Husky Brake Anti-Squeek (Text and graphics omitted)