Interpretation 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