ID: 20014.ztv

Mr. Joel Sacher
Director of Product Development
Italjet U.S.A.
302 Spring Street
New York NY 10013

Dear Mr. Sacher:

We have received your letter of May 11, 1999, asking for a temporary exemption for "a small number of Italjet scooters" from one requirement of Federal Motor Vehicle Safety Standard No. 123 Motorcycle Controls and Displays.

I am sorry to inform you that the petition does not meet our procedural requirements, and we request that you revise and resubmit it in accordance with the following comments. Our regulation, 49 CFR 555.5(b)(3), requires that a petition

state the full name and address of the applicant,

the nature of its organization (individual, partnership, corporation, etc.) and the name of the State or country under the laws of which it is organized.

Italjet U.S.A. appears to be petitioning on behalf of Italjet S.p.A. If our assumption is correct, please provide the identifying information for Italjet S.p.A. that the regulation requires. If Italjet U.S.A. is a wholly-owned subsidiary of Italjet S.p.A., we ask that you confirm this as well. If Italjet U.S.A. is not a wholly-owned subsidiary of Italjet S.p.A., we would like to have a copy of the authorization from Italjet S.p.A. to you to petition on its behalf.

In order that any possible exemption be limited in scope, please inform us of the model name or number of the vehicle for which you are requesting exemption.

Finally, we call your attention to 49 CFR 555.5(b)(2) which requires that temporary exemption petitions be filed in three copies; we received only one copy.

When we have this information, we shall be pleased to consider your request.

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:555
d.6/3/99

ID: 20032.drn

Mr. Kevin Nugent
Fleet Sales Manager
Liberty Chevrolet
90 Bay State Road
Wakefield, MA 01880

Dear Mr. Nugent:

This responds to your request for an interpretation whether you may lease a new1999 Chevrolet 12-Passenger Express Van (Model CG1406) to a local school district, when you have a letter indicating that the "primary purpose" of the van would be for "adult education students." Under the available facts, the answer is no. If you decide to sell or lease a new bus to the school district, you must sell or lease only a bus that meets the National Highway Traffic Safety Administration's (NHTSA's) school bus standards.

By way of background, NHTSA has the authority, under 49 U.S.C. 30101 et seq. (Chapter 301 or the Act) to regulate the manufacture and sale or lease of new motor vehicles. In 1974, Congress directed NHTSA to issue motor vehicle safety standards on specific aspects of school bus safety and apply those standards to all "school buses." The school bus standards we issued became effective April 1, 1977, and apply to each school bus manufactured on or after that date.

The Act at 49 U.S.C.30112 requires any person selling or leasing a new vehicle to sell or lease a vehicle that meets all applicable standards. Accordingly, persons selling or leasing a new "school bus" must sell or lease a vehicle that meets the safety standards applicable to school buses. Our statute defines a "schoolbus" as any vehicle that is designed for carrying a driver and more than 10 passengers and which, NHTSA decides, is likely to be "used significantly" to transport "preprimary, primary, and secondary" students to or from school or related events. 49 U.S.C. 30125. By regulation, the capacity threshold for school buses corresponds to that of buses - vehicles designed for carrying more than ten (10) persons. For example, a 12-person van that is likely to be used significantly to transport students is a "school bus."

If a new large (11 persons or more capacity) van were sold or leased to a school district and used on a regular or long-term basis to transport students, the vehicle must meet NHTSA's school bus standards. However, a one-time or very occasional rental would be permitted, on the grounds that the vehicle would not be used significantly to transport children to and from school and thus would not be a school bus.

You enclose a letter from Mr. David W. Pottle, Adult Education Co-ordinator of the Southern Berkshire Regional School District (in Sheffield, Massachusetts) that states that the "primary purpose" for the 12-passenger van lease would be for "transportation of adult education students." Although the primary purpose of the bus may be for adult education, the letter implies that the bus would have a substantial collateral use. The statement that the "primary purpose" is for the transportation of adult education students is not sufficient. For example, if the vehicle were used 51 percent of the time to transport adults and 49 percent of the time to transport students, it would still be a school bus required to meet our school bus safety standards.

For more information about the safety features of a school bus, I am enclosing NHTSA's publication: "School Bus Safety: Safe Passage for America's Children." If you have any further questions please feel free to contact Dorothy Nakama at this address or at (202) 366-2992.

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosure
ref:VSA#571.3
d.11/16/99

ID: 20040a.nhf

Ms. Heidi Lynn Wood
8448 Grimm Lane
Cato, WI 54230

Dear Ms. Wood:

This responds to your letter requesting permission to replace the original steering wheel and column in a 1998 or 1999 Dodge Caravan with a smaller steering column and reduced diameter steering wheel. I apologize for the delay in my response. You explain that you need the new steering wheel and column to accommodate your condition, osteogenesis imperfecta. You enclosed a letter from your doctor and an evaluation from a certified driver rehabilitation specialist who recommended replacing the original equipment manufacturer's (OEM) steering wheel and column with a reduced diameter steering wheel to accommodate your limited range of motion.

This letter provides the relief you seek. We will not institute enforcement proceedings against a commercial entity that modifies the steering wheel and column on a vehicle to accommodate your condition.

We would like to begin by explaining that the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal motor vehicle safety standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. Manufacturers are required to certify that their products conform to our safety standards before the products can be offered for sale. After the first sale of a vehicle, manufacturers, distributors, dealers, and repair businesses are prohibited from "knowingly making inoperative" any device or element of design installed on or in a motor vehicle in compliance with an applicable standard. In general, the "make inoperative" prohibition (49 U.S.C. 30122) requires businesses which modify motor vehicles to ensure that they do not remove, disconnect, or degrade the performance of safety equipment installed in compliance with an applicable standard. Violations of this prohibition are punishable by civil penalties of up to $1,100 per violation.

There is no procedure by which businesses petition for and are granted permission from NHTSA to modify a motor vehicle. Businesses are permitted to modify vehicles without obtaining permission from NHTSA to do so, but are subject to the make inoperative provision of 49 U.S.C. 30122. In certain limited situations, we have exercised our discretion in enforcing our requirements to provide some allowances to a business which cannot conform to our requirements when making modifications to accommodate the special needs of persons with disabilities.

Removing the original steering wheel and column and replacing them with a smaller wheel and column could affect compliance with seven standards: Standard No. 101, Controls and displays, Standard No. 124, Accelerator control systems, Standard No. 203, Impact protection for the driver from the steering control system, Standard No. 204, Steering control rearward displacement, Standard No. 207, Seating systems, Standard No. 208, Occupant Crash Protection, and Standard No. 209, Seat belt assemblies. For example, Standard No. 208, Occupant Crash Protection, requires vehicles to be equipped with specific manual and automatic restraint systems (e.g., seat belts and air bags) and to meet specified injury criteria during a test. Removing the air bag would affect the vehicle's compliance with Standard No. 208. However, as noted above, in situations such as yours where a vehicle must be modified to accommodate the needs of a particular disability, we have been willing to consider violations of the "make inoperative" prohibition to be justified by public need. Accordingly, NHTSA will not institute enforcement proceedings against a business that modifies the steering wheel and air bag to accommodate your condition.

We caution, however, that only necessary modifications should be made. In addition, the person performing the modifications should consult with the vehicle manufacturer to determine how to disarm the air bag. The manufacturer should be able to provide information on how the modification can be safely performed.

We are enclosing a warning label stating that the air bag has been deactivated. For the safety of everyone who may ride in the vehicle, we ask that you affix this label on the sun visor above the deactivated air bag. We encourage you to always use the vehicle's safety belts or other belt-type restraint appropriate for your disability. Finally, if you sell the vehicle, we urge you to advise the purchaser that the vehicle has been modified, and consider reinstalling the removed safety equipment if appropriate.

You may be interested to know that the agency is working on a rulemaking to regulate the aftermarket modification of vehicles for persons with disabilities by setting out exemptions from the make inoperative prohibition only for certain standards, including Standard No. 208, and under certain conditions. In place of the agency's current approach where each request for exemption from the make inoperative prohibition is reviewed case-by-case, this rulemaking would give clear guidance to modifiers about principles to follow when considering vehicle modifications to accommodate someone's disabilities.

You should show this letter to the dealer or repair business when you take your vehicle in to be modified. If you have other questions or require additional information, please contact Nicole Fradette of my staff at this address or by phone at (202) 366-2992.

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosure
Warning Label
ref:VSA
d.10/14/99

ID: 20053customhose.df

Ms. Terri Archibald
Custom Hose & Supplies, Inc.
805 66^th Avenue, SW
Cedar Rapids, IA 52404

Dear Ms. Archibald:

This responds to your letter asking about Federal Motor Vehicle Safety Standard No. 106, Brake Hoses (49 CFR 571.106). I apologize for the delay in responding. You ask about the labeling requirements for air brake hose assemblies made with end fittings that are attached by crimping.

The requirements for labeling such assemblies are set forth in Standard No. 106 as follows:

S7.2.3 Assemblies. Each air brake hose assembly made with end fittings that are attached by crimping or swaging, except those sold as part of a motor vehicle, shall be labeled by means of a band around the brake hose assembly as specified in this paragraph, or at the option of the manufacturer, by means of labeling as specified in S7.2.3.1. The band may at the manufacturer's option be attached so as to move freely along the length of the assembly, as long as it is retained by the end fittings. The band shall be etched, embossed, or stamped in block capital letters, numerals or symbols at least one-eighth of an inch high, with the following information:

1. The symbol DOT, constituting certification by the hose assembler that the hose assembly conforms to all applicable motor vehicle safety standards.
2. A designation that identifies the manufacturer of the hose assembly, which shall be filed in writing with [the National Highway Traffic Safety Administration (NHTSA)]. The designation may consist of block capital letters, numerals or a symbol.

S7.2.3.1 At least one end fitting of an air brake hose assembly made with end fittings that are attached by crimping or swaging shall be etched, stamped or embossed with a designation at least one-sixteenth of an inch high that identifies the manufacturer of the hose assembly and is filed in accordance with S7.2.3(b).

You first ask whether you are required to label the assembly at all, or whether you may "[l]et the markings that Weatherhead already has printed on their hose suffice." The answer is you must label the assembly. S7.2.3 requires each air brake hose assembly made with end fittings that are attached by crimping or swaging, except those sold as part of a motor vehicle, to be labeled by means of a band or by marking an end fitting. In reference to a concern you raise, you are not required to mark an end fitting if you choose to label your assemblies using a band that meets S7.2.3.

You next ask whether a "permanent label" that you have sent us will meet the option in S7.2.3 that allows you to label your assembly by means of a band. You also provide product literature from Weatherhead, the manufacturer of the label, which describes the labels as -

self adhesive Mylar strips, 1" wide by 3-3/4" long, with a 1" X 1" white area on one end for printed information. . . . Procedure for applying the labels is simple:

1. Print the appropriate information on the label.
2. Wrap the tag around the hose assembly...printed end first.
3. Cover the printed end with the clear mylar tail of the label.
4. The clear tail will protect the printed area from the elements, even paint.

Our answer is the Mylar label would be permitted, subject to the following comments. We have long (since 1974) interpreted a band as a label which encircles the hose completely, and attaches to itself. To constitute labeling at all, the band must be affixed to the hose in such a manner that it can not be easily removed. The label you are considering will encircle the hose completely and attach to itself. Our understanding of Mylar is that it is a durable material and not easily removable. When the markings on the label are covered with the clear Mylar tail of the label, as instructed by the label manufacturer, Weatherhead, the markings will not be easily removed or altered. In response to a concern you raise, S7.2.3 does not require the label to move freely, but simply permits one to so move as long as it is retained by the end fittings. For these reasons, we conclude that the Mylar label could be used to meet the labeling requirements for air brake hose assemblies, assuming that the marking is covered by the clear Mylar covering.

However, the particular sample you provided is not entirely satisfactory. S7.2.3 requires that "the band shall be etched, embossed, or stamped" with the symbol DOT and the manufacturer's designation. Writing the information by hand would not meet this requirement. The requirement is to improve the permanency of the information and its clarity. This is important because the designation assists NHTSA and hose users in identifying the manufacturer of noncomplying or defective products. Based on the information in your letter, it appears that the option available to you would be to stamp the Mylar label with the required information. Further, the designation must also appear on the label as it appears on file at NHTSA. If a designation on file is printed, handwriting it on the brake hose assembly label could lead to confusion. Lastly, you need to include the DOT symbol on your label. In response to a concern you raised, you do not need to include the date of manufacture of the assembly.

I hope this information is helpful. Should you have any further questions or need more information on this subject, please contact Ms. Deirdre Fujita of my staff at (202) 366-2992.

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:106
d.11/5/99

ID: 20061.ztv

Mr. Mark Cronmiller
Project Engineer
VDO North America LLC
2669 Bond Street
Rochester Hills, MI 48309

Dear Mr. Cronmiller:

This is in reply to your email of May 14, 1999, with respect to "smart" headlight systems.

You report that these systems adjust headlamp aim vertically and/or horizontally according to driving conditions (e.g., vertically for oncoming traffic, horizontally around curves in the road). You ask whether there are any regulation interpretations relating to these systems, and whether we have plans to regulate or require these types of systems.

We have not issued any interpretations on these new "smart" headlamp systems. Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices and Associated Equipment, prescribes headlamp aiming hardware requirements under static conditions only (paragraph S7.8). Once a headlamp is installed on a vehicle, its aim is fixed, but may be adjustable by mechanical means when the vehicle is at rest. A limited ability to adjust vertical aim on some vehicles is also provided by vehicle leveling devices. Our standard does not require that headlamps be aimed at the time the vehicle is manufactured and certified as conforming to all applicable Federal motor vehicle safety standards. If there is a requirement for correct headlamp aim on new vehicles, it would be that of a State's motor vehicle authority at the time the vehicle is first registered for highway use in that State.

If a "smart" headlamp system meets the static aiming hardware requirements of Standard No. 108, a dynamic aiming feature is permissible. We have no specific plans to regulate or require headlamps with dynamic aim features, but we are monitoring them to form an impression as to their suitability for use under American driving conditions, and to learn if there are any problems of maintenance of aiming integrity, or durability, involved in their use. At a minimum, we would be concerned about the need for fail-safe performance to assure that aim would return to nominally correct, straight ahead in the event of a failure.

Because each State is likely to impose aim-location requirements on new motor vehicles and these requirements may differ from State to State, we note that you may have difficulty getting a "smart" headlamp system accepted as capable of being correctly aimed as may be required by the various States. We recommend that you contact the American Association of Motor Vehicle Administrators (AAMVA) for determining the legality of the "smart" headlamp system under each State's laws pertaining to correct headlamp aim. AAMVA's address is 4600 Wilson Boulevard, Arlington, VA 22203.

If you have further questions, you may call Taylor Vinson of this Office (202-366-5263)

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:108
d.7/21/99

ID: 20072.ztv

Mr. Stephen F. Gund
18711 S. Mingo
Bixby, OK 74008

Dear Mr. Gund:

This is in reply to your email of May 25, 1999, to Taylor Vinson of this Office. You would like a statement from us "that it is OK for the dealer to disconnect or turn off the daytime running lights" on your Olds Aurora.

We are pleased to be responsive to your request. I enclose copies of letters on this subject that we sent to Paul J.M. Angrisano, III, on August 29,1996, and September 30, 1996. This interpretation is still in effect.

This interpretation states that a motor vehicle dealer may disconnect daytime running lamps, or install an on/off switch, without violating Federal law.

If you have further questions, you may call Mr. Vinson at 202-366-5263.

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosures
ref:108
d.6/3/99

ID: 20077.drn

Heather A. Hale, Esq.
Hale, Stein, Fosdick, Murphy,
Hale and Associates, P.C.
P. O. Box 51107
Livonia, MI 48151-1077

Dear Ms. Hale:

This responds to your request for an interpretation of dealers' responsibilities when selling12-15 passenger vans to child care facilities. You ask two questions that are answered below.

Some background information may be helpful. The National Highway Traffic Safety Administration ( NHTSA) is authorized to issue and enforce Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles. Our statute at 49 U.S.C. 30112 requires any person selling or leasing a new vehicle to sell or lease a vehicle that meets all applicable standards. Accordingly, persons selling or leasing a new "school bus" must sell or lease a vehicle that meets the safety standards applicable to school buses.

Our statute defines a "schoolbus" as any vehicle that is designed for carrying a driver and more than 10 passengers and which NHTSA decides is likely to be "used significantly" to transport "preprimary, primary, and secondary" students to or from school or related events. 49 U.S.C. 30125. By regulation, the capacity threshold for school buses corresponds to that of buses -- vehicles designed for carrying more than ten (10) persons. For example, a 15-person van that is likely to be used significantly to transport students is a "school bus."

Your first question concerns NHTSA's position that Head Start programs and pre-schools are "schools" while day care facilities that are custodial in nature are not "schools."

NHTSA still observes the distinction between facilities that provide educational programs and those that are strictly custodial. We do not consider day care centers that are custodial in nature to be "schools."

Your second question was whether NHTSA's restrictions relating to the sale or lease of new "school buses" would apply to vehicles sold or leased to a child care facility which is custodial in nature and which would transport children between the children's homes and the facility.

The response to this question assumes that no "significant" transportation "to or from school or school-related activities" would be provided. If transportation would be provided strictly between the children's homes and the custodial facility, a dealer would not be required to sell a school bus for this purpose. If, however, the bus would also be used significantly to transport children between the facility and a school, the dealer would be required to sell a school bus, even though the purchaser was the day care provider rather than the school. In recent interpretations, we have stressed that it is the purpose for which the bus is used, not the identity of the purchaser, that determines whether a dealer must sell a school bus or may sell another type of bus.

In fully answering the second question, I ask that you take the following into consideration. At a June 8, 1999, public meeting, the National Transportation Safety Board (NTSB) issued the attached abstract of a special investigative report on nonconforming buses. The NTSB issued the report after investigating, in 1998 and 1999, four crashes in which 9 people were killed and 36 injured when riding in "nonconforming buses." The NTSB defines "nonconforming bus" as a "bus that does not meet the FMVSSs specific to school buses." Most of the victims, including eight of the fatalities, were children.

In the abstract of its report, the NTSB issued several Safety Recommendations, including the following that was directed to child care providers such as the National Association of Child Care Professionals, the National Child Care Association, and Young Mens' and Young Women's Christian Associations:

Inform your members about the circumstances of the accidents discussed in this special investigation report and urge that they use school buses or buses having equivalent occupant protection to school buses to transport children.

In conclusion, we wish to emphasize that school buses are one of the safest forms of transportation in this country, and that we therefore strongly recommend that all buses that are used to transport school children be certified as meeting NHTSA's school bus safety standards. In addition, using 12 to 15-person vans that do not meet NHTSA's school bus standards to transport students could result in liability in the event of a crash.

I hope this information is helpful. For more information about the safety features of a school bus, I am enclosing NHTSA's publication: "School Bus Safety: Safe Passage for America's Children." I am also enclosing NHTSA's February 1999 "Guideline for the Safe Transportation of Pre-school Age Children in School Buses." If you have any further questions about NHTSA's programs please feel free to contact Dorothy Nakama at this address or at (202) 366-2992. Information about NTSB's nonconforming bus report is available from the NTSB's Public Affairs Office at (202) 314-6100.

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosures
ref:VSA#571.3
d.8/6/99

ID: 20078.ztv

Mr. Jacques Gurdjian
Vice President
J & B Importers, Inc.
P.O. Box 161859
Miami, FL 33116-1859

Dear Mr. Gurdjian:

This is in reply to your letter of May 17, 1999, with respect to the Miami EV3 Sun. You describe the vehicle as "an adult three wheel cycle, that is assisted by an electric motor." You ask whether the vehicle is subject to the Federal motor vehicle safety, bumper, and theft protection standards, and, if so, to be provided with a copy of the requirements.

For purposes of compliance with the Federal motor vehicle safety standards, a "motor vehicle" is one that is driven by mechanical power and manufactured primarily for use on the public streets, roads, and highways. Because the Miami EV3 Sun does not appear to have special features for operation off the public roads, we have concluded that it is a vehicle manufactured for use on the public streets.

We interpret the phrase "driven by mechanical power" with respect to vehicles equipped with a power assist and pedals to mean that this type of vehicle is a "motor vehicle" if it is able to operate using the power assist alone, without any muscular input. However, if the vehicle will not operate in the absence of any muscular input, we do not consider it "driven by mechanical power" within the meaning of the definition, and, therefore, this type of vehicle is not a "motor vehicle."

With respect to the Miami EV3 Sun, we note that the pedals are used to propel the vehicle to a speed of 2 miles per hour when "the electric motor will engage keeping the bike moving at a maximum speed of 9 mph." Further, the product literature you enclosed indicates that the Miami EV3 Sun has a range of 15 miles per charge without pedal assist. The latter feature is sufficient to make the Miami EV3 Sun a "motor vehicle" under our interpretations.

All three-wheeled motor vehicles are defined as "motorcycles" for purposes of compliance with the Federal motor vehicle safety standards. I enclose copies of our basic safety statute, 49 U.S.C. Chapter 301, and a document called "Requirements for Motorcycle Manufacturers."

The bumper and theft prevention standards apply only to "passenger motor vehicles." This category of vehicle does not include motorcycles. Therefore, bumper and theft prevention standards do not apply to the Miami EV3 Sun.

If you have further questions, you may call Taylor Vinson of this Office (202-366-5263).

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosures
ref:571
d.7/1/99

ID: 20080.ztv

Mr. Mike Spencer
Timpte, Inc.
1827 Industrial Drive
David City, NE 68632-2201

Dear Mr. Spencer:

This is in reply to your letter of May 19, 1999, to Taylor Vinson of this Office asking for an "evaluation of clearance and identification lamp location on [two bulk commodity] trailers" in view of our interpretive rule of April 5, 1999 (64 FR 16358). You have enclosed drawings and photographs of these trailers.

Clearance and identification lamps are required by Table II of Federal Motor Vehicle Safety Standard No. 108 to be located as close to the top of a vehicle as practicable. Our interpretive rule states that, if under all the circumstances, it would be practicable to locate identification and clearance lamps above the rear doors, the manufacturer must do so, and that we will presume that it is practicable to locate lamps on the header of a vehicle when the header extends at least 25 mm (1 inch) above the rear doors.

You tell us that "most bulk commodity trailers are equipped with an arched roll tarp kit," and that "it is not practical to install identification lamps in the purchased roll tarp cap."

Our response is that, for purposes of compliance with Standard No. 108, we do not consider a roll tarp cap to be part of a vehicle's header.

The first type of bulk commodity trailer about which you have inquired is one with a fixed rear header. From the drawing and photograph you have enclosed, we see that the identification lamps are already located in the header area. The clearance lamps appear located on the same horizontal plane as well. We therefore regard the present location of the identification and clearance lamps as conforming to Standard No. 108.

The second type of bulk commodity trailer is one that is equipped with a removable or swinging type rear header. You state that installing identification lamps on these headers exposes the harness system to the product being discharged. The identification lamps on these vehicles, according to your drawing and photographs, are located on the lower sill. The centers of the front and rear clearance lamps are located, respectively, 12 and 34 1/8 inches below the crown of the roll tarp cap.

We believe that the qualification we expressed in the interpretive rule should be applied in this instance, i.e. whether, under all the circumstances, it would be practicable to locate the identification and clearance lamps above the rear doors. Inasmuch as the header above the rear doors on the second type of trailer is designed to be swinging or removable and that the potential exists to threaten the integrity of the wiring of header-mounted identification lamps, we will not contest your determination that these circumstances render it impracticable to locate rear lamps in the header area of these trailers, and that the sill-mounted identification lamps are "as close as practicable to the top of the vehicle" as required by Table II.

Table II also requires that clearance lamps be located "as near the top [of a vehicle] as practicable." Your drawing shows that the center of the rear clearance lamps on the bulk commodity trailers with non-fixed headers are 34 1/8 inches below the highest point of the vehicle. At this location, they may not conform to Standard No. 108. Although it may not be practicable to locate these lamps on the header, it should be practicable to locate them higher than 34 1/8 inches below the highest point of the vehicle, preferably at the same height as the clearance lamps on the front of the vehicle, with centers 12 inches below the highest point.

If you have any questions, you may call Taylor Vinson at 202-366-5263.

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:108
d.10/18/99

ID: 20093.drn

Mr. Dean Liebegott
519 East Hudson Avenue
Altoona, PA 16602

Dear Mr. Liebegott:

This responds to your letter regarding use of city mass transit buses as school buses in Altoona. I apologize for the delay in responding. You are concerned about how school children could escape from a mass transit bus in the event of a crash, and note that transit buses do not have safety features such as the seats, bright yellow color, and lighting systems of school buses. As explained below, although the National Highway Traffic Safety Administration (NHTSA) recommends that school buses (meeting our school bus safety standards) be used when school children are transported to or from school or for school activities, State law determines how the children are to be transported.

Some background information may be helpful. NHTSA is authorized to issue and enforce Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles. Our statute at 49 U.S.C. 30112 requires any person selling or leasing a new vehicle to sell or lease a vehicle that meets all applicable standards. Accordingly, persons selling or leasing a new "school bus" must sell or lease a vehicle that meets the safety standards applicable to school buses. Our statute defines a "schoolbus" as any vehicle that is designed for carrying a driver and more than 10 passengers and which, NHTSA decides, is likely to be "used significantly" to transport "preprimary, primary, and secondary" students to or from school or related events. 49 U.S.C. 30125. By regulation, the capacity threshold for school buses corresponds to that of buses -- vehicles designed for carrying more than ten (10) persons (49 CFR 571.3). Our school bus definition excludes new buses designed and sold for operation as a common carrier in urban transportation. This means that a dealer selling a new bus to a transit authority is not required to sell a school bus if the bus is a transit bus used on regular common-carrier routes.

Because our laws apply only to the manufacture and sale of new motor vehicles, we do not have the authority to prohibit transportation providers from using transit buses to transport school children. Each State has the authority to set its own standards regarding the use of motor vehicles, including school buses. We believe, however, that school buses are one of the safest forms of transportation in this country, and we strongly recommend the use of these vehicles to transport school children.

I am enclosing NHTSA's publication: "School Bus Safety: Safe Passage for America's Children." This brochure explains the safety enhancements of school buses. I am also enclosing NHTSA's February 1999 "Guideline for the Safe Transportation of Pre-school Age Children in School Buses." This guideline establishes NHTSA's recommendations for how pre-school age children should be transported in school buses.

If you have any further questions about our school bus program, please feel free to contact Dorothy Nakama at this address or at (202) 366-2992.

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosures

cc: Ms. Nuria Fernandez
Acting Administrator
Federal Transit Administration
400 Seventh St., SW Rm. 9328
Washington, DC 20590
cc: Mr. Bradley L. Mallory
Secretary
Pennsylvania Department of Transportation
Forum Place
555 Walnut Place
Harrisburg, PA 17101-1900

ref:VSA#571.3
d.11/18/99