Interpretation ID: 1985-02.33

TYPE: INTERPRETATION-NHTSA

DATE: 05/28/85

FROM: AUTHOR UNAVAILABLE; Diane K. Steed; NHTSA

TO: George L. Simonton

TITLE: FMVSS INTERPRETATION

TEXT:

May 28, 1985 George L. Simonton, Esq. Simonton & Simonton 1092 Sheridan Avenue Cody, Wyoming 82414-3594 Dear Mr. Simonton: Thank you for your letter on behalf of the Park County School District #6. You asked whether the school district could obtain an exemption from this agency in order to operate the used American Eagle bus that it purchased to transport school children to extracurricular activities. I regret the delay in responding to your letter. We are familiar with the issues facing the Park County School District. Mr. B. Bruce Bennion, the Assistant Superintendent of Schools, asked Senator Alan Simpson to look into he matter, and Senator Simpson wrote to us on December 5, 1984. We have informed Senator Simpson that there is nothing under Federal law which would prohibit the school district from operating the used bus that they purchased. Since Park County is not prohibited from operating its used school bus, your request for an exemption from the Federal regulations is unnecessary. Secretary Dole has also recently written Senators Simpson and Wallop and Representative Cheney clarifying the Department's regulations pertaining to the use by school districts of commercial-type buses as activity buses. A copy of the Secretary's letter is enclosed. I would like to take this opportunity to discuss with you NHTSA's regulations on school buses. To begin, there are two sets of regulations, issued under different Acts of Congress, that could affect a school district's choice of school buses. The first of these, the motor vehicle safety standards issued by our agency under the National Traffic and Motor Vehicle Safety Act of 1966 (Public Law 89-563; 15 U.S.C. 1381-1426) 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 on school bus safety, including emergency exits, seating systems, and windows and windshields. The standards we issued became effective April 1, 1977, and apply to each school bus manufactured after that date. If Park County bought a new bus for use as an activity bus, the manufacturer and dealer had to certify that the bus complied with the motor vehicle safety standards applicable to school buses. An American Eagle type bus is not manufactured to comply with these standards, and could therefore not be sold for use as a new school bus. Since Park County bought a used bus, however, the Vehicle Safety Act standards do not apply. There is nothing under that Act to prevent the school district from buying a used American Eagle bus for school use. There might, however, be an impediment under State law, if Wyoming has adopted the provisions of the standard on school transportation issued by our agency under the Highway Safety Act (Public Law 89-564; 23 U.S.C. 401-408). This standard, Highway Safety Program Standard No. 17 (HSPS 17), specifies that a bus used to transport more than 16 pupils to and from school should be painted yellow, be equipped with special mirrors and warning lights, and be marked "School Bus." We have ruled that the States should apply these specifications to activity buses as well as to the buses used for daily transportation. We have also issued instructions under HSPS 17 that any bus manufactured after April 1, 1977, the effective date of the motor vehicle safety standards on school buses, should comply with those standards. I want to stress that HSPS 17 has no direct effect on the purchase of used buses by local school districts. HSPS 17 will affect Park County only if Wyoming has adopted it and if Wyoming accepts our view that the specifications apply to activity buses. If Wyoming chooses to exempt activity buses from being painted, signed, and equipped as school buses, we might disagree with the wisdom of its decision but we would no insist on compliance with HSPS 17 to the extent of taking action against the State. Congress has given us the discretion under the Highway Safety Act not to insist that a State comply with every requirement of the highway safety standards. While we have stressed the importance of a strong pupil transportation program, consistent with HSPS 17, we have not insisted that the States comply with every feature of the standard. Having said this, I will conclude by restating the importance that our agency attaches to the use of safe buses to transport children. It remains the agency's position that a yellow school bus meeting the motor vehicle safety standards is the safest means of transportation for school children. It may not be the most comfortable for long trips, since it lacks the reclining seats and restroom facilities of the inter-city buses, but it has safety features that the inter-city buses lack, such as seat backs designed to cushion impacts, windows that prevent ejections, and exits that facilitate escape after crashes. In the years since buses began to be manufactured with these features, there has been a marked improvement in school bus safety. We urge schools and school districts to consider these features when they decide to buy a used school bus. Please do not hesitate to contact us if we can be of further assistance. Sincerely, Diane K. Steed Diane K. Steed Enclosure