Interpretation ID: 1985-04.5

TYPE: INTERPRETATION-NHTSA

DATE: 10/26/85

FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA

TO: Charles Pekow -- Editor, Day Care Information Service

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Charles Pekow Editor, Day Care Information Service 4550 Montgomery Ave., Suite 700 N Bethesda, Maryland 20814

This responds to your July 23, 1985 letter to the National Highway Traffic Safety Administration (NHTSA) asking several questions about our school bus regulations and their applicability to the buses used by Head Start centers. In our previous letter to you of August 1, 1985, we explained that a Head Start facility is considered a "school" for purposes of determining the applicability of our school bus safety standards. Keep in mind, therefore, that the following discussion of "school buses" includes buses used by Head Start centers.

Your first question asked, "What Federal regulations apply to the sale, operation and maintenance of buses in Head Start?"

NHTSA has two sets of regulations, issued under different Acts of Congress, that apply to school buses used by Head Start centers. The first set, issued under the authority of the National Traffic and Motor Vehicle Safety Act of 1966, applies to the manufacture and sale of new school buses and other types of motor vehicles. In 1974, Congress amended the Vehicle Safety Act to direct NHTSA to issue safety standards on various aspects of school bus performance, such as seating systems, windows and windshields, emergency exits, and fuel systems. The safety standards we issued became effective April 1, 1977, and apply to all school buses manufactured on or after that date.

Federal law requires any person selling a new "school bus" to ensure that the bus complies with all applicable safety standards. Under our regulations, a "school bus" is a motor vehicle designed for 11 or more persons (including the driver) and sold for transporting students to and from school or related events. If any new school bus does not meet those standards, the seller may be required to recall the vehicle and to pay civil penalties.

Federal regulations pertaining to the operation and maintenance of school vehicles are found in the highway safety program standards NHTSA issued under the authority of the Highway Safety Act of 1966. These standards provide guidelines to the States for their highway safety programs. One of these program standards, Highway Safety Program Standard No. 17, Pupil Transportation Safety (copy enclosed), provides recommended procedures for a State's pupil transportation program (covering areas such as school bus operation, maintenance, and identification). Individual States have chosen to adopt same or all of our guidelines as their own policies governing their highway safety programs for pupil transportation. While we have stressed the importance of a strong pupil transportation program, consistent with Program Standard No. 17, we have not insisted that the States comply with every feature of the standard. The requirements for school bus operation and maintenance, therefore, are matters left to the individual States to determine.

Your second question asked, "Must Head Start buses meet the same regulations required of public schools?"

Since a Head Start facility is considered a "school" for purposes of the Vehicle Safety Act, persons selling new buses to such schools are required to sell buses that comply with our school bus safety standards. This requirement is imposed on sellers regardless of whether the purchasing facility is a Head Start center or a strictly public or private school.

Your third question asked, "To what extent has the Department of Transportation researched these questions?"

NHTSA conducted substantial research into school bus safety issues. When NHTSA developed the school bus safety standards, the agency evaluated the performance characteristics of various types of vehicles to determine the necessary requirements that would reduce the number of school bus fatalities and the severity of injuries. Among our conclusions was that the larger school buses weighing over 10,000 pounds should be constructed to provide passenger crash protection through a concept called "compartmentalization." Compartmentalization requires that the interior of those school buses include higher and stronger seat backs, additional seat padding, and improved seat spacing and performance.

Since smaller buses, such as 10-passenger vans, experience different crash forces than larger buses and differ substantially in design, our safety standards were developed to specify particular requirements appropriate for the smaller type of vehicle. For instance, based on our assessment of the crashworthiness of those vehicles, the agency determined that school buses weighing 10,000 pounds or less must be equipped with safety belts.

There are lengthy engineering reports discussing school bus safety that you might be interested in which are available from the National Technical Information Service (NTIS). I have included a bibliography of those reports for your information. You can contact the NTIS at the following address:

The National Technical Information Service Department of Commerce 5285 Port Royal Road Springfield, Virginia 22161 (703) 557-4600

Your fourth question asked, "If any regulations apply, what types of enforcement efforts has the department made?"

In the years since the issuance of the school bus safety standards, NHTSA's Enforcement Office has contacted a number of dealers when it became known that they were supplying improper vehicles to schools. In most cases, the problems were remedied without the need for extensive enforcement actions Moreover, NHTSA will take necessary steps, including directing vehicle recalls and imposing fines, to enforce the Vehicle Safety Act provisions against the manufacture and sale of noncomplying vehicles.

Your last question asked, "Are many grantees out of compliance to the best of your knowledge?"

Since the parties subject to the Federal school bus regulations are the manufacturers and sellers of new school buses, and not the schools using the buses, the regulations applicable to Head Start centers would be those established by State law on school bus operation. State officials should be able to provide you with information concerning the compliance of Head Start school bus programs with State requirements.

I hope this information is helpful. If you have further questions, please contact this office.

Sincerely, Jeffrey R. Miller Chief Counsel Enclosure July 23, 1985

Mr. Jeffrey Miller, chief counsel National Highway Traffic Safety Administration Rm. 5219 400 7th St. NW Washington, DC 20510

Dear Mr. Miller:

One of your staffers today suggested I write requesting information for a study I'm making regarding safety of buses used to transport children to Head Start centers.

I would like answers to the following questions: What federal regulations apply to sale, operation and maintenance of buses in Head Start?

Must Head Start buses meet the same regulations required of public schools?

To what extent has the Dept. of Transportation researched these questions?

If any regulations apply, what types of enforcement efforts has the department made?

Are many grantees out of compliance to the best of your knowledge?

My research has indicated that many children are being bused to Head Start programs in buses lacking careful maintenance and safety features. I am planning to publish an article on the topic in the Day Care Information Service newsletter soon and would appreciate a swift reply.

Looking forward to hearing from you soon, I remain,

Sincerely yours, Charles Pekow editor Day Care Information Service