Interpretation ID: aiam4321
State Auditor's Office
P.O. Box 956
Jackson
MS 39205-0956;
Dear Ms. Vanderberg: This responds to your March 11, 1987 telephone call to our offic asking about the regulations we administer for school buses. You ask for background information about our school bus safety standards and request a listing of the Federal motor vehicle safety standards applicable to school buses.; I am pleased to respond to your concerns. I would like to begin b explaining that we administer two Federal laws that affect school buses. The first of these is the National Traffic and Motor Vehicle Safety Act of 1966 (copy enclosed), under which our agency issues safety standards applicable to new motor vehicles. In 1974, Congress amended the Vehicle Safety Act to direct us to issue standards on specific aspects of school bus safety, such as emergency exits, seating systems, windows and windshields, fuel systems and school bus body strength. The standards we issued became effective April 1, 1977, and apply to each school bus manufactured on or after that date.; Under the Vehicle Safety Act, any person selling a new school bus mus ensure that the vehicle complies with all applicable Federal motor vehicle safety standards, including our school bus safety standards. Under the definitions section of our motor vehicle safety standards (49 CFR Part 571.3), a 'school bus' is a motor vehicle designed for carrying 11 or more persons (driver included) that is sold for purposes that include carrying students to and from school or related events (excluding buses sold for use as common carriers in urban transportation). A dealer or distributor who sells a new noncomplying bus to a school or school district is subject to substantial penalties for violating Safety Act provisions. For your information, I have enclosed a December 31, 1975 Federal Register notice (40 FR 60033) which discusses the responsibility of manufacturers and dealers to sell complying school buses.; New school buses must comply with the Federal motor vehicle safet standards we issued for 'buses' and also those for 'school buses.' The following is a list of the Federal motor vehicle safety standards that include requirements for school buses: Standards No. 101 through No. 104, Standard No. 105 (school buses with hydraulic service brake systems), Standards No. 106 through No. 113, Standards No. 115 through No. 120, Standard No. 121 (School buses with air brake systems), Standard No. 124, Standards No. 201 through No. 204 (school buses with GVWR of 10,000 pounds or less), Standard No. 205, Standards No. 207 through No. 210, Standard No. 212 (school buses with GVWR of 10,000 pounds or less), Standard No. 217, Standard No. 219 (School buses with GVWR of 10,000 pounds or less), Standard No. 220, Standard No. 221 (school buses with GVWR greater than 10,000 pounds), and Standards Nos. 222, 301, and 302. School bus manufacturers must certify their vehicles to all applicable requirements of each of these safety standards. I have enclosed information on how you can obtain copies of the standards.; The second Federal law administered by this agency having a bearing o school buses is the Highway Safety Act of 1966. NHTSA issued Highway Safety Program Standard No. 17, *Pupil Transportation Safety* (copy enclosed), under the Highway Safety Act as a guideline for the pupil transportation aspect of state highway safety programs. This 'standard,' or guidelines, includes recommendations for school bus operational requirements, such as school bus identification and maintenance and driver training programs. Individual states have chosen to adopt some or all of Standard No. 17's recommendations as their own policies governing their pupil transportation programs.; I hope this information is helpful. Please contact us if you hav further questions.; Sincerely, Erika Z. Jones, Chief Counsel