Interpretation ID: nht88-1.84
TYPE: INTERPRETATION-NHTSA
DATE: 04/04/88
FROM: L.T. MITCHELL -- SPECIFICATION ENGINEER THOMAS BUILT BUSES INC
TO: ERIKA Z. JONES -- OFFICE OF CHIEF COUNCIL NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
TITLE: NONE
ATTACHMT: ATTACHED TO LETTER DATED 08/11/88 L.T. MITCHELL FROM ERIKA Z JONES, REDBOOK A32 (2) STANDARD 108
TEXT: Dear Ms. Jones,
We and some of our customers have had a disagreement with a state's Motor Vehicle Code concerning the installation of a warning light system on activity buses. Attached is a copy of Sections 46.1-1(37) and 46.1-286.1. These are the State definitions of "School Bus" and a limitation for school bus equipment, respectively.
The limitation is that "Only school buses...may be painted yellow, identified by words above and equipped with the specified warning devices". These "warning devices" include the warning light system. Thus a bus that is not painted yellow does not need to have warning lights. This group of "not painted yellow" buses includes school activity buses.
The Federal "Schoolbus" definition includes the phrase "...or events related to such schools". Thus, as we understand it, school activity buses are included in the D.O.T. definition of a school bus.
FMVSS #108 (49 CFR Part 571.108) states in S4.1.4, "Each school bus shall be equipped with a system of either: (a) Four red signal lamps...(b) Four red signal lamps...and four amber signal lamps..."
QUESTION: Does a final stage manufacturer of school buses have to install warning lights on a school activity bus?
We have up to this time installed a four light warning system on activity buses. This has placed our product at a distinct price disadvantage because some competitors are not always installing a warning light system on school activity buses. In addition , our customers are having to remove the warning lights from activity
buses because they are not painted yellow, and thus, they do not meet the Motor Vehicle Code.
We request an interpretation of FMVSS #108 in these matters. Thank you for a quick and timely response.
Sincerely.
Enclosure MOTOR VEHICLE CODE
(37) "School bus". -- Any motor vehicle, other than a station wagon, automobile, truck, or commercial bus, which is: (i) designed and used primarily for the transportation of pupils to and from public, private or parochial schools, or used for the tra nsportation of the mentally or physically handicapped to and from a sheltered workshop; and (ii) painted yellow and bears the words "School Bus" in black letters of a specified size on front and rear; and (iii) is equipped with warning devices prescribed in @ 46.1-287. School buses, manufactured prior to July 1, 1974, may continue to have the words "Stop, State Law" in black letters of specified size on front and rear.
@ 46.1-169.1. Operation of yellow motor vehicles of certain seating capacity on State highways prohibited; exceptions; penalty. -- It shall be unlawful for any motor vehicle licensed in[Illegible words] having a seating capacity of more than fifteen p ersons to be operated on the highways of this State if it be yellow in color, unless such motor vehicle is used in transporting students who attend public, private or parochial schools, or for the purposes specified in @ 46.1-287.1 and meets the requirem ents for motor vehicles used in the transportation of pupils in the public schools. This section shall not apply to motor vehicles which transport passengers as well as school children for hire in the cities of[Illegible Words] Violators of this section shall be guilty of a misdemeanor. (1966, c. 586; 1968, c. 756; 1970, c. 521.)
@ 46.1-286.1. Paint and lettering on school bus. -- All motor vehicles, except commercial buses, station wagons, automobiles or trucks, transporting pupils to and from public, private or parochial schools shall be painted yellow with the words "Schoo l Bus, Stop, State Law" on the front and rear in letters at least six inches high, except that the words "School Bus" on the front may be in letters at least four inches high if space is limited, or with only the words "School Bus" on front and rear in l etters at least eight inches high, and shall be equipped with warning devices prescribed in @ 46.1-287. Only school buses, as defined in @ 46.1-1 (37), may be painted yellow, identified by words above and equipped with the specified warning devices. A vehicle which merely transports pupils, residents at a school, from one point to another without intermittent stops for the purpose of picking up or discharging pupils, need not comply with the requirements of this section. (1968. c. 653; 1974, c. 455. )