Interpretation ID: nht88-1.76

TYPE: INTERPRETATION-NHTSA

DATE: 03/18/88

FROM: R. C. ROST -- PRESIDENT; MINNESOTA BODY & EQUIPMENT CO.

TO: CHIEF COUNCIL -- U. S. DEPARTMENT OF TRANSPORTATION NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

TITLE: WE REQUEST THAT HEADSTART BUSES NOT BE REQUIRED TO HAVE ROOF WARNING LIGHTS IF A COLOR OTHER THAN SCHOOL BUS YELLOW IS USED.

ATTACHMT: ATTACHED TO LETTER DATED 08/26/88 TO R.C. ROST FROM ERIKA Z. JONES; REDBOOK A32, STANDARD 108; LETTER DATED 12/21/77, TO JAMES TYDINGS FROM JOSEPH J. LEVIN; LETTER DATED 02/11/88 TO SHANON L. FOND FROM JERRY SMITH RE FEDERAL INTERPRETATION OF S CHOOL BUS USER; LETTER DATED 02/25/88 TO SHARON FOR FROM JERRY SMITH; UNDATED BROUCHERS ON SCHOOL BUS BY WAYNE CORPORATION

TEXT: Dear Council:

We request clarification of a matter pertaining to buses sold to Headstart organizations. As a bus dealer we are in a catch 22 situation where no matter what we do it is wrong. According to Department of Transportation Chief Council in 1977 Headstarts must comply as a school bus which would include construction, seats, roof warning lights and all items covered in FMVSS part 571, amended in the federal register (40FR60033) on Dec. 31, 1975.

1. All "school" buses over 10 passenger require roof warning lights whether yellow or non yellow.

2. Regional Headstart in Kansas City, Mr. Frank Magona, 816-426-5401, tells his district roof lights are not required on non yellow headstart buses and it is up to the individual states to set their own regulations and that Headstart does not recognize federal D.O.T. rulings. The same is true of Central Headstart in Atlanta.

3. The State of Iowa D.O.T. and Department of School Transportation say buses used for Headstart cannot be yellow and cannot have roof warning lights.

J. P. Golinvaux District Representative Iowa Department of Transportation Air and Transit Division State Capitol DesMoines, IA 50319 515-281-4265 Dwight R. Carlson Assistant Chief Bureau of School Adm. and Accreditation Grimes State Office Building DesM oines, IA 50319-0146 515-281-5811

4. The State of Wisconsin Department of School Transportation and Wisconsin D.O.T. say buses used for Headstart cannot be yellow and can not have roof warning lights.

Mr. Frank Potts Division of Planning Wisconsin Dept. of Transp. Po Box 7913 Madison, WI 53707 Donald Schneider Director School Transportation Supv. Pupil Transportation Po Box 7841 Madison, WI 53707 608-266-2853

5. We have no problem building a bus to meet school safety standards. School standards do not require the bus to be yellow so color is no problem. The only problem is the requirement for roof warning lights on a non yellow bus. If the conflict was no t considered in the previous 1977 ruling we ask that it be considered at this time. Since the buses do not say "school bus" they cannot use the lights to safely stop traffic.

6. What ever your decision we request that you start enforcing your ruling and make public to Headstart, all the states and the bus manufactures what your ruling is.

Since Headstart has several million dollars set aside to buy buses in 1988 we ask you to make this ruling as soon as possible.

Yours truly,