Interpretation ID: 1985-03.43

TYPE: INTERPRETATION-NHTSA

DATE: 09/10/85

FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA

TO: The Honorable John G. Rowland -- House of Representatives

TITLE: FMVSS INTERPRETATION

TEXT:

Thank you for your letter on behalf of your constituent, Ms. Janet Tatro of Shelton, Connecticut, concerning our regulations for school bus lighting. Your letter has been referred to my office for reply. We regret the delay in our response. Your constituent was concerned that certain vans in Connecticut that are marked as carrying school children are not equipped with flashing school bus lights. Ms. Tatro suggested that such vans should be required to be equipped with the warning lights of school buses, so that motorist would be required under Connecticut law to stop their vehicles upon activation of the flashing lights. I appreciate this opportunity to respond to your questions and those of your constituent. Our agency has two separate sets of regulations, issued under different Acts of Congress, that apply to school bus lighting, but are applied in different ways. The first regulations, issued under the authority of the National Traffic and Motor Vehicle Safety Act of 1966, are the safety standards applicable to new motor vehicles and new motor vehicle equipment, sellers of new school buses must comply with all applicable Vehicle Safety Act regulations if they wish to sell their vehicles in this country. the second regulations, issued under the Highway Safety Act of 1966, provide guidelines to the States for their highway safety programs. One of these program standards provides recommended procedures for the operation of school vehicles. The Vehicle Safety Act requires any person selling a new "school bus" to ensure that the vehicle complies with our school bus safety standards. Under Federal law, a motor vehicle designed for 11 or more persons (including the driver) and sold for transporting students to and from school or related events is considered a "school bus." Since new vans that carry 11 or more persons are considered school buses if intended for school purposes, our school bus safety standards apply to those vehicles as well as to larger school buses. Under Safety Standard No. 108, Lamps, Reflective Devices, and Associated Equipment, all school buses must be equipped with flashing school bus warning lamps. If Ms. Tatro knows of instances in which noncomplying school buses may have been sold, she should notify NHTSA's Office of Vehicle Safety Compliance, Room 6113, at the address given above. New vans that carry fewer than 11 persons are considered to be "multi-purpose passenger vehicles (MPV's)" under our regulations. Those vehicles may be used to carry school children, and must be certified as meeting the safety standards for MPV's. MPV's may also be voluntarily manufactured to meet the requirements of the school bus safety standards, as long as the vehicle continues to comply with our standards for MPV's. Since we do not regulate the use of warning lamps on MPV's, Connecticut may choose to require school bus warning lamps on its smaller vans as long as the supplemental lighting does not impair the effectiveness of the lighting equipment required for MPV's. I wish to emphasize that the motor vehicle safety standards apply only to the manufacture and sale of school buses, not to their operation. State law determines the operational requirements that vehicles must meet. Under the Highway Safety Act, we issued Highway Safety Program Standard No. 17, Pupil Transportation Safety (copy enclosed), which contains recommendations for the identification, operation, and maintenance of school vehicles. Under this guideline, States are expressly given the discretion to decide whether to require warning lamps on smaller school vehicles (e.g., MPVs) and whether to require that the lights on a school bus or an MPV be flashed when loading or unloading students. While our motor vehicle safety standards require a new school bus to be equipped with school bus warning lights, we cannot specify the circumstances in which the lights must be used. You asked how many States require that their buses flash their signal lamps when loading or unloading students. At this time, we are aware of 44 States that have such a requirement. Connecticut requires the actuation of signals at least 50 feet in advance of the place where children will be received or discharged. Connecticut State officials would be able to provide Ms. Tatro with additional information about the State's requirement for the use of school bus warning lamps. You also asked whether there have been any studies on the safety of school vans. In the mid-1970's, when NHTSA developed a new set of school bus safety standards, the agency evaluated the performance characteristics of van-type vehicles to determine the necessary requirements that would reduce the number of school bus fatalities and the severity of injuries. Since a van experiences different crash forces than a larger bus and differs substantially in design, our safety standards were developed to specify particular requirements for vans appropriate for the smaller type of vehicle. While the term "van" is frequently used, this agency classifies all vans as either "buses" or "MPVS," depending on their passenger capacity. Vans that carry 11 or more persons (driver included) are considered buses. Based on our assessment of the crashworthiness of those vehicles, the agency determined that school buses weighing 10,000 pounds or less must be equipped with safety belts for all occupant seating positions. School buses weighing more than 10,000 pounds must comply with comprehensive seating system requirements which provide equivalent high levels of passenger protection. If a van carries fewer than 11 persons, it is classified as an MPV and must be equipped with safety belts for all passengers, whether or not the vehicle is used for school purposes. I hope this information is helpful. While school buses have excellent safety records, NHTSA is committed to continuing its efforts to reduce school bus-related deaths and injuries on our nation's highways as much as possible. We appreciate the cooperation and input of concerned citizens like Ms. Tatro. Please feel free to contact this agency if you have any further questions. Sincerely, Original Signed By Jeffrey R. Miller Chief Counsel Enclosures: Constituent's correspondence, HSPS 17