Interpretation ID: 1985-01.34

TYPE: INTERPRETATION-NHTSA

DATE: 02/12/85

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Ms. Rose Marie Sigismondo

TITLE: FMVSS INTERPRETATION

TEXT:

Ms. Rose Marie Sigismondo Star Route Box 346 Dingman's Ferry, PA 18328

This responds to your letter asking whether our agency has any authority under current law to require school bus drivers to wear safety belts immediately. Practically speaking, the answer is no. Our authority over school transportation is indirect and can be effectuated only through the States. Let me explain.

The regulations on school transportation were issued by our agency under the Highway Safety Act (Public Law 89-564). The Highway Safety Act deals with the safety of vehicle operation through a grant program to the States. The standard to which you refer in your letter, Highway Safety Program Standard No. 17, Pupil Transportation Safety (hereafter HSPS 17), was issued under the authority of that Act. You are correct that section IV.C.d. (4) of this standard provides that drivers of school vehicles equipped with lap belts shall wear the belts whenever the vehicle is in motion. We issued this provision because we believe that safety belts protect school bus drivers in the event of an accident and assist to avoid accidents by helping drivers maintain control of their vehicles.

The great majority of the States have recognized the importance of requiring school bus drivers to wear safety belts, and have issued appropriate requirements either by law or through regulations issued by State agencies. It is the States' responsibility to require the use of safety belts by bus drivers. We have no authority to displace the States and issue regulations directly applicable to drivers. It is up to Pennsylvania to adopt regulations or legislation to require that school bus drivers wear their safety belts and to enforce its law.

If you have any further questions, please let me know.

Sincerely,

Frank Berndt Chief Counsel Star Route Box 346 Dingman's Ferry, Pa., 18328 November 5, 1984 NHTSA 400 Seventh Street, S.W. Washington D.D., 20590

Attn: Mr. Brundt

Dear Sir:

I have spent the last 8 weeks examining many aspects of school bus safety, especially seat belts on school buses. While researching I came across: a) Standard 17 amended 5/73 - Drivers of School Vehicles equipped w/ lap belts shall be required to wear them whenever the vehicle is in motion.

b) Pa. Equip and Safety Standards of School Buses and School Vehicles Ch. 171 9/1/83 Pg. 25 171.68 - Seat belt for driver. A seatbelt meeting the requirements of FMVSS 209 shall be provided for the driver. c) Pa. School Bus Operators Manual Dept of Trans. Pub #117 rev. 1978 Pg 48 - Adjust your seatbelt to provide firm yet comfortable support. Pg 56 Daily Inspection Form-Inside Bus-Seat belt adjustment.

It is obvious that Pa. complies w/ standard 17 in as far as requiring a belt for the driver. Most of our drivers do not wear their belts. I have called our state troopers asking for info on written warnings or citations that the drivers or contractors would receive when breaking this law.

When I couldn't get a firm answer I called Mr. Robert William who referred me to David Soule. after some discussion he referred me to Elana West Penn DOT 717/787-6453 her office referred me to Mr. William Hilton, 717/787-2895. Mr. Hilton explained that seat belts are required in driver positions although there is no law mandating the driver to use the belt, even when his operators manual tells him to do so. Mr. Hilton said that regulation will be written, it will take 3 mos. to a year for law to be passed.

I hope that your dept can do something in the way of mandating drivers to wear belts. Pa. complies w/ standard 17 on paper yet the most important factor isn't there, the penalty or incentive to wear the belt. I am confident that Mr. Hilton will do all he can to rectify this, but can't help to wonder how many other states are in the same position. As good as standard 17 is, it doesn't mean a thing when not enforced in real life.

I am writing you with hope that you can guide us in the proper direction in enforcing standard 17. Is there anyway presently to interpret current law so that the drive is will have to wear their belts immediately.

Sincerely yours,

Rose Marie Sigismondo

cc: Mr. John a Pachuta Director Bureau Motor Vehicles Pa. Judy Dranov Nat. Coalition for Seatbelts on School Buses Rep. William S. Foster Senator Frank O'Connell Senator H. John Heinz Congressman Joseph McDae Senator Arlen Spector Rep. Peter Nostmayer Senator Stewart Greenleaf Doctor G. Strock Superintendent. Delaware Valley School District

Dingmans PTA debates school bus seat belts

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