Interpretation ID: nht87-1.80

TYPE: INTERPRETATION-NHTSA

DATE: 05/27/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Mr. Paul Miller

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Paul Miller Arizona Bus Sales, Inc. P.O. Box 21226 Phoenix, AZ 85036 Dear Mr. Miller:

This responds to your April 14, 1987 letter to us asking about Federal requirements applicable to the sale of new school buses. You enclosed a copy of a bid from a school bus dealer offering to sell a 48-passenger activity bus to a school district. The b id describes options for changing the school bus paint and deleting "school options." You ask whether a bid with "an option to modify paint, and delete school bus options" accords with our school bus regulations.

The answer to your question depends on the nature of the "school options" which the bid makes nonobligatory. It is unclear from the bid whether the reference is to the school bus performance requirements mandated by our federal motor vehicle safety stand ards, or to the way the school bus is painted and marked. If the "school options" are the features required by Federal school bus safety standards, the answer to your question is no--i.e., the dealer may not sell a new school bus that fails to comply wit h those standards. On the other hand, Federal law does not prohibit school districts from changing the color or markings of their school buses. Instead, requirements for the identification of school buses are set by each State.

Our agency has two sets of regulations for school buses. The first set, issued under the authority of the National Traffic and Motor Vehicle Safety Act, applies to the manufacture and sale of new motor vehicles and includes our motor vehicle safety stand ards for school buses. Those standards set performance requirements that all new school buses must meet, including standards for passenger crash protection, emergency exits, rollover protection and fuel systems. The Safety Act requires manufacturers of s chool buses to certify that their vehicles comply with all applicable Federal school bus safety standards. The Act also requires school bus dealers to ensure that only complying school buses are sold. These requirements, set by federal law, apply to each school bus manufacturer and seller. A school bus dealer cannot elect whether to comply with those requirements and choose to sell a new activity bus that does not comply with our school bus safety standards.

Our second set of school bus "regulations," issued under the Highway Safety Act, include recommendations for identifying school buses. These recommendations are set forth in Highway Safety Program Standard No. 17, Pupil Transportation Safety (copy enclos ed). While the "standard" recommends that activity buses should be painted yellow and marked "School Bus," the decision to adopt its recommendations is made by each State. Therefore, questions you might have about activity bus identification should be ad dressed to your State officials.

I hope this information is helpful. Please contact me if you have further questions.

Sincerely,

Erika Z. Jones Chief Counsel Enclosure National Highway Traffic Safety Administration 400 Seventh Street, S.W.

Washington,DC 20590 Attn: Erika Z. Jones

Ms. Jones:

Enclosed is a copy of a bid from an Arizona school Bus dealer offering a new bus for sale to a school district, with an option to modify paint, and delete school bus options.

In the past we have declined such invitations believing that such a sale would be in violation of federal law pertaining to the sale of school buses.

I would very much appreciate your opinion in this matter.

Sincerely ,

Paul Miller Sales Manager PM/md

Parker Unified District No. 27 P.O. Box 1089 Parker, Arizona 85344 Attn: Mr. Art Fox

April 10, 1987 Quotation No. B-748 Subject: Activity Bus

One Blue Bird All American Rear Engine 48 Passenger Activity Bus including all standard equipment and the following options:

Caterpillar 3208 Turbocharged 225 H.P. Diesel Engine with 5 Year/150,000 Mile Extended Warranty.

Allison MT643 4-speed Automatic Transmission with 3 Year/Unlimited Mileage Warranty.

Stemco front wheel seals

Rockwell 6" front and 8" rear brakes

Engine hour meter

Transmission temperature gauge

120 gallon fuel tank

11R x 22.5 Michelin Radial Tubeless Tires, including spare

Push-thru luggage compartment, 116 cu. ft. with locks

vandal locks on all doors

High headroom

Two 6" defroster fans

12,000 BTU driver's heater, 80,000 BTU center heater, 80,000 BTU rear heater Eight light warning system

AM/PM/Cassett/PA/Stereo Radio

12 rows of Blue Bird Activity Seats meeting FMVSS

Full width mud flaps Front and rear rubber fenders

5 lb. fire extinguisher

16 Unit first Aid Kit

Triangles and flares

Tan floor with plywood sub-floor

Interior parcel racks

Intermittent wipers

Tinted windows

Trans/Air Air Conditioning Model TA99 Dual System with two 15.6 compressors

full length luggage rack ducts with adjustable louvers, two 3-fan roof mounted condensors for a total of 106,000 BTU/hr

Price including transportation with tax to be added:

Option: Two-tone paint with school options deleted as required, Add:

MAKE YEAR MODEL W B. CA

THIS QUOTATION IS SUBJECT TO ACCEPTANCE WITHIN 30 DAYS FROM IT'S DATE.