Interpretation ID: 1985-02.32

TYPE: INTERPRETATION-NHTSA

DATE: 05/23/85

FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA

TO: Barbara Zirpoli -- Director, Jelly Bean Nursery School

TITLE: FMVSS INTERPRETATION

TEXT:

Ms. Barbara Zirpoli Director Jelly Bean Nursery School 96 Westside Avenue Bergenfield, New Jersey 07621

This responds to your January 24, 1985 letter to the National Highway Traffic Safety Administration's Technical Reference Division asking about the school bus regulations issued by our agency. Your letter was referred to my office for reply.

I would like to explain that our agency has two sets of regulations, issued under different Acts of Congress, that affect school buses. The first of these, the motor vehicle safety standards issued under the National Traffic and Motor Vehicle Safety Act of 1966, apply to the manufacture and sale of new motor vehicles. In a 1974 amendment to the Act, Congress expressly directed us to issue standards on specific aspects of school bus safety, including floor strength, seating systems, and crashworthiness. The standards we issued apply to all new school vehicles designed to carry 11 or more persons. Under the requirements of the Vehicle Safety Act and our regulations, manufacturers who sell such vehicles to schools must certify that the vehicle complies with all applicable safety standards, including the safety standards specifically issued for school buses.

In a February 28, 1985, telephone conversation with Ms. Hom of my staff, you said that the new school bus you purchased was certified as meeting all applicable safety standards. If the bus actually meets those standards, the manufacturer and dealer who sold you the bus have met their responsibilities under our regulations . Of course, as you are aware, there may be additional State requirements that school buses must meet in order to be properly licensed in New Jersey.

The second set of regulations issued by this agency was promulgated under the authority of the Highway Safety Act. These regulations, which are " actually more in the nature of guidelines, are called Highway Safety Program Standards, and apply to state highway safety programs. Highway Safety Program Standard (HSPS) No. 17, Pupil Transportation Safety, applies to school buses, and contains specifications on the color, identification, maintenance, and operation of school vehicles. Individual States have chosen to adopt some or all of our guidelines as their own policies governing their highway safety programs. Since HSPS No. 17 will affect you only if New Jersey has adopted it, you should check to see what State requirements are set for the operation of your school vehicles.

Mr . Barry Skokowski, Director of the Division of Local Government Services in Trenton, should be able to provide you with more information about New Jersey's requirements. He can be contacted at the following address:

Mr. Barry Skokowski Director, Division of Local Government Services Department of Community Affairs CN 803 363 West Street Trenton, New Jersey 08625 (609) 292-6613

Enclosed you will find copies of Federal Motor Vehicle Safety Standards Nos. 217, 220, 221, and 222, and HSPS No. 17, as you requested. I hope this information is helpful.

Sincerely,

Original Signed by

Jeffrey R. Miller Chief Counsel

Enclosures January 24, 1985

Technical Reference Div. 900 7th. Street SW Room 5109 Washington, DC 20590

Dear Sir:

Horace Jones from the Division of Youth and Family Services in Trenton, told me to write to you to request from this office, cost free, the rules and requirements for a 16 children passenger school bus to transport nursery school children. Not one person, in Trenton, Dept. of Human Services, Div. of Youth & Family Services, Dept. of Motor Vehicles, U.S. Dept. of Transportation, salesman and school bus dealer can give me a straight answer. They all differ on many details and no one seems to be able to agree on the regulations.

I have a nursery school, only transport my own children and have S2 School busses. I just purchased a new 1985 Chevy Sturdivan, 16 children passenger school bus, Model S-O-16 to meet all N.J. Regulations. Now the inspectors at Motor Vehicle do not agree with Sturdivan Bus Co. on the regulations and requirements in New Jersey. Everybody seems to have their own set of rules.

Does anybody know?

Thank you for your help in this matter.

Sincerely,

Barbara Zirpoli DIRECTOR JELLY BEAN SCHOOL