Interpretation ID: 1985-03.49

TYPE: INTERPRETATION-NHTSA

DATE: 09/30/85

FROM: AUTHOR UNAVAILABLE; Diane K. Steed; NHTSA

TO: The Honorable Ted Stevens

TITLE: FMVSS INTERPRETATION

TEXT:

September 30, 1985 The Honorable Ted Stevens United States Senate Washington, D.C. 20510 Dear Senator Stevens: Thank you for your letter on behalf of your constituent, Ms. Dixie Armstrong of Chugiak, Alaska, concerning Federal regulations for school buses and school bus drivers. Your letter has been referred to my office for reply. I appreciate your interest in school bus safety issues. As you may know, school buses are perhaps the safest form of transportation in America today. At the Federal level, we have taken special efforts to assure necessary safety equipment on school buses and to assure adequate protection for school bus passengers. We also work closely with the states to promote safety in the maintenance and operation of school buses. While any school bus accident resulting in injury or death to a school child is tragic, the safety record of school buses is exemplary. I have enclosed a copy of this agency's recent report on school bus safety, which may be of interest to you and your constituent. Some further background on the Federal role in school bus safety may be useful. Our agency has two separate sets of regulations, issued under different Acts of Congress, that apply to school buses. The first set, issued under the authority of the National Traffic and Motor Vehicle Safety Act of 1966, is the safety standards applicable to new motor vehicles and school buses. In 1974, Congress amended the Vehicle Safety Act to direct the National Highway Traffic Safety Administration (NHTSA) to issue safety standards on various aspects of school bus safety, such as seating systems, windows and windshields, emergency exits, and fuel systems. The safety standards we issued became effective April 1, 1977, and apply to each school bus manufactured on or after that date. 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." If any new vehicle does not meet those standards, the seller may be required to recall the vehicle and to pay civil penalties. The second set of regulations, issued under the Highway Safety Act of 1966, provides guidelines to the states for their highway safety programs. One of these program standards, Highway Safety Program Standard No. 17, Pupil Transportation Safety (copy enclosed), provides recommendations for school bus driver training and other operational aspects of pupil transportation. NHTSA believes in the importance of a strong pupil transportation program that includes methods of selecting and training competent school bus personnel. We must stress, however, that our authority to regulate motor vehicle safety extends primarily to the manufacture and sale of new motor vehicles. The states are responsible for determining the requirements governing the operational aspects of their pupil transportation program, including school bus driver training. The agency strongly encourages the states to adopt procedures for assuring that drivers of all commercial vehicles, including school buses, are properly qualified for their duties. Our agency also carefully monitors school bus safety developments, and we have developed procedures for reporting all fatal school bus collisions. Pursuant to Ms. Armstrong's request, I have enclosed a copy of NHTSA's directive on this subject (NHTSA Order 705-2). The agency is currently considering whether to update those procedures on school bus fatal accident reporting. I hope this information is helpful. Please feel free to contact my office if we can be of further assistance. Sincerely, Diane K. Steed Diane K. Steed Enclosures