Interpretation ID: aiam2504
Topeka Metropolitan Transit
201 North Kansas
Topeka
KS 666-3;
Dear Mr. Clymer: This responds to your January 4, 1977, letter posing several question concerning the National Highway Traffic Safety Administration's (NHTSA) definition of school bus and its effect upon the use of transit buses to transport children to and from school.; You asked several questions in your letter: >>>(1) Are buses designed and sold for operation as common carriers i urban transportation prohibited from use in school transportation services under Federal Regulations?<<<; Buses sold for operation as common carriers in urban transportatio (transit buses) are not prohibited from use in school transportation. The definition of 'school bus' is not intended to include transit buses on regular common-carrier routes, although they mey be used in some circumstances to transport school students to and from school and related events. This type of bus has never been considered a school bus under the motor vehicle safety standards for school bus construction or under the Pupil Transportation Standarad No. 17 (43 CFR 1204) for school bus operation.; >>>(2) If the answer to (1) is no, must such buses when use incidentally in school transportation services comply with any safety standards required of 'school buses' under the Federal regulations and if so, from which are they exempt and to which must they comply? (of special concern is forward facing seats requirement of 49 CFR S 571.222 - s5.1).<<<; The answer to your question is no. As noted above, common carriers i urban transportation are excluded from the Federal definition of 'school bus' and need not comply with any Federal school bus construction regulation. While Kansas has chosen to define 'school bus' differently (and in a manner to include these transit buses), this state definition represents a voluntary decision to extend Federal construction requirements (such as forward facing seats) to a broader catagory of vehicles than dictated by Federal law and regulations.; >>>(3) Do federal regulations encourage or discourage the incidenta use of common carrier buses to help solve urban school transportation problems?<<<; Federal safety regulations promulgated under the authority of th National Traffic and Motor Vehicle Safety Act neither encourage nor discourage the incidental use of transit buses to transport children to and from school.; >>>(4) Is the Kansas law with regard to school buses, by its definitio in K.S.A. 8-1461 (Supp., 1976), and its requirements of under K.S.A. 8-2009 (Supp., 1976) (which include all safety requirements of the Kansas Transportation Manual, effective May 1, 1976) preempted, as applied to common carriers sold and designed for use in urban transportation, by federal law under 15 U.S.C. S 1392 (d)?<<<; The NHTSA responded to your question on preemption in our letter date June 15, 1976. That response is still valid. With regard to your question concerning the preemption of the Kansas definition of 'school bus,' only state motor vehicle safety standards in conflict with Federal standards are preempted. State definitions of terms are not preempted by Federal definitions.; Sincerely, Frank A. Berndt, Acting Chief Counsel