Interpretation ID: nht94-4.77
TYPE: INTERPRETATION-NHTSA
DATE: November 8, 1994
FROM: R. C. Rost -- Minnesota Body And Equipment Co.
TO: Chief Council, NHTSA
TITLE: NONE
ATTACHMT: ATTACHED TO 4/10/95 LETTER FROM PHILIP RECHT TO R. C. ROST (A43; PART 571.3)
TEXT: Dear Council:
In 1988 we wrote you asking for relief from installing roof lights on non yellow buses used for Head Start. You denied our request and I thought this battle was over, but it is not.
Again we are in between federal law and states rights. As you can see from the attached information Minnesota has passed a law stating a Head Start bus shall be non yellow, be lettered Head Start but cannot be equipped with flashing lights or a stop arm . This in direct conflict with your letter of 8/26/88.
We feel it should be up to you and the State of Minnesota to work this out. As sellers of buses and manufacturer's of buses we should not be placed in the middle of this type situation.
We have no feeling on this one way or another. We only ask for clarification as to our ability to sell this type of unit and your authorization for our bus manufacturers to legally build this type of bus for Head Start.
We request that you direct any correspondence not only to us but to Major Gramse who directs the inspection program for buses in the State of Minnesota.
Major Glen Gramse Minnesota State Patrol 444 Cedar St. St. Paul, MN 55101
We would appreciate your speedy response as this law takes effect very soon.
Attached letter:
11/8/94 Major Glen Gramse Minnesota State Patrol 444 Cedar St. St. Paul, MN 55101
RE: Buses used for Minnesota Head Starts after 12/31/94
Dear Mr. Gramse:
It is our understanding that Head Starts may choose from two different types of buses.
1. A yellow and black bus that meets all Minnesota standards for school bus and has an "MN" in the serial number certifying it meets Minnesota standards as well as federal standards.
2. A non yellow bus lettered Head Start with no roof warning lights and no stop arm, but with an "MN" in the serial number certifying it to meet all "school bus standards and Head Start bus bodies by law". This statement would include federal standards by law.
We have no problem with item 1, above yellow buses, it is item 2 non yellow buses that causes a problem. Attached you will find a letter for Chief Council for the U.S. Department of Transportation discussing the federal requirement for roof lights and t his also covers the 1992 federal requirement for a stop arm on a school bus, whether yellow or non yellow. We request an Attorney Generals opinion on this part of the Minnesota Head Start law and a hold harmless agreement from the state agreeing to defe nd any school bus seller who delivers a non federal standard bus into Minnesota that meets state but not federal standards. The hold harmless agreement should cover any cash awards whether federal, state of civil arising from any injuries due to omittio n of federal requirements on a Head Start bus.
Since federal law requires that we must deliver a non yellow school bus with lights and stop arm to the end user and they remove the lights and stop arm, we request the same hold harmless agreement for Head Starts as for bus sellers.
Since we must deliver the bus with lights and stop arms we request a hold harmless agreement from the State regarding the "MN" certifications false signing.
It is our feeling that in the event of a child's injury on any non yellow Head Start bus where the lights and stop arm have been removed that the person removing or disconnecting or ordering the items not to be used would be subject to civil and federal litigation and liability.
The letter from the Department of Transportation has been supplied to the Minnesota Department of School Transportation, The Highway Patrol Inspectors and the Department of Public Safety.
We request a speedy resolution to this matter and immediate notification to Head Starts and bus sellers.
R. C. Rost -- MINNESOTA BODY AND EQUIPMENT CO.
P.S. It is our feeling that activation of the 4 way hazard lights while loading or unloading Head Start children in no way alerts traffic that children are loading or unloading and does not give them the protection they are entitled to.