Interpretation ID: 23443.drn

Mr. Jim Elliott

Vice President Sales & Marketing
Collins Bus Corporation
P.O. Box 2946
Hutchinson, KS 67504-2946

Dear Mr. Elliott:

This responds to your July 19, 2001, letter asking that the National Highway Traffic Safety Administration (NHTSA) create a "special purpose bus" vehicle type specifically for the child care industry. Essentially, this would be a bus that meets NHTSA's crash worthiness school bus safety standards, and not stop arm or school bus lighting requirements. Please be advised that NHTSA is currently considering a rulemaking to propose this new vehicle type. We anticipate publishing a notice of proposed rulemaking in the Federal Register that would specify the Federal motor vehicle safety standards that a "special purpose bus" would have to meet.

I am enclosing a copy of our interpretation letter of December 5, 2000, to Southern Illinois Bus. In this letter, we explain that although school bus manufacturers or dealers cannot "make inoperative" the compliance of a school bus with Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, reflective devices, and associated equipment, No. 131, School bus pedestrian safety devices, or any other safety standard by removing such equipment, the Federal "make inoperative" prohibition does not apply to the owner of a school bus (i.e., to the school or school district). Thus, a child transportation provider may purchase a school bus and remove the stop arms and school bus lamps without violating any NHTSA requirements.

If you have any further questions, please contact me at this address or at (202) 366-9511.

Sincerely,

John Womack
Acting Chief Counsel

Enclosure
ref:VSA#571.3#108#131
d.9/13/01