Interpretation ID: nht90-1.63

TYPE: Interpretation-NHTSA

DATE: March 6, 1990

FROM: Bev Wilson -- Head Start Director, Western Community Action, Inc.

TO: Dan Giles -- Christianson, Stoneberg, Giles & Myers, P.A.

TITLE: Re Head Start Busettes - Are we under Federal Law or State Law?

ATTACHMT: Attached to memo dated 2-22-90 from D. Baker to B. Wilson; Also attached to letter dated 3-18-88 from R.C. Rost to Chief Council, NHTSA; Also attached to letter dated 8-26-88 from E.L. Jones to R.C. Rost; Also attached to letter dated 9-7-90 fr om P.J. Rice to D.L. Giles (A36; Std. 108; VSA 103(d)); Also attached to letter from D.L. Giles to S.P. Wood; Also attached to letter dated 3-8-90 from D.L. Giles to D. Baker

TEXT:

We have two 23-passenger busettes, blue with six-light warning system. Captain Roger Hess received a call from his state office to contact me to have the flashing lights removed. He told me that David Baker, Law Compliance Representative from Mankato, w ould be contacting me. I was to follow his direction on the lights but to tape over them or be cited. They are taped over. (See Mr. Baker's correspondence.)

I called Minnesota Body and Equipment out of Shakopee and asked them to pay to have the lights removed, as our purchase agreement said busettes were to meet or exceed all Federal and State requirements. They said they have to put on the lights and would send me the Federal regulations they are under (enclosed). They would not pay to have the lights removed but did say in Minnesota we shouldn't use the lights.

In Jackson our driver was told by the police to also have a sign added "this vehicle stops at all railroad crossings" and use the lights. In Marshall the City Attorney contacted us to have the lights removed. If we are to use the Federal warning light system and stop at railroad crossings, are our busettes to be painted yellow?

Your help is appreciated.