Interpretation ID: aiam4132
Member
United States House of Representatives
380 Alvarado Street
Monterey
CA 93940;
Dear Mr. Panetta: Thank you for your letter on behalf of your constituent, Mr. Joh Cormick of San Luis Obispo, California, regarding Federal regulations for wheelchairs on school buses. Your letter has been referred to my office for reply, since the National Highway Traffic Safety Administration (NHTSA) administers Federal laws applying to school buses.; Your constituent requested information about two sets of Federa regulations relating to school bus drivers. He first asked about any regulations issued by the Department of Justice for fingerprint checks of school bus drivers. I understand that those questions have been referred to the Justice Department for reply. His second set of concerns, which you asked us to review, pertain to regulations issued by California that permit temporary placement of wheelchairs in the aisle of school buses during operation of the vehicles. Mr. Cormick believes this is unsafe since a wheelchair might impede access from the school bus in the event of an accident and asks what effect Federal law might have on State adoption of such a regulation.; As explained below, Federal law does not prohibit States from issuing regulation for the temporary placing of wheelchairs in school bus aisles. While NHTSA has issued a number of recommendations to the States for operational requirements for school buses, States establish regulations for school bus use, such as the one described by your constituent. Mr. Cormick is thus correct in contacting State officials to express his concerns and suggestions.; Since your constituent asks how Federal school bus regulations affec regulations issued by the States, I would like to begin with some background information on our school bus regulations. This agency administers two sets of regulations for school buses. The first set, issued under the authority of the National Traffic and Motor Vehicle Safety Act of 1966, applies to the manufacture and sale of new motor vehicles and includes NHTSA's motor vehicle safety standards for new school buses. Those school bus safety standards set performance standards for various aspects of school bus safety, such as windows and windshields, fuel systems, emergency exits and seating systems. Under the Vehicle Safety Act, manufacturers of new buses must certify that their buses comply with our school bus safety standards if the vehicles are intended for carrying school children, and sellers of new school buses must ensure that complying school buses are only sold. The requirements of the Vehicle Safety Act and our school bus safety standards are Federal requirements which apply directly to school bus manufacturers and sellers and are thus not dependent on State adoption.; On the other hand, the second set of regulations we have for schoo buses is contingent on State implementation. This set, issued under the Highway Safety Act of 1966, applies to Federal funding of State highway safety programs. Each State submits a highway safety program which is reviewed and approved by NHTSA each year. Highway Safety Program Standard No. 17, *Pupil Transportation Safety* (copy enclosed), contains guidelines for various aspects of pupil transportation programs including school vehicle identification, maintenance, and driver qualifications. One of its recommendations is that school bus drivers meet all special physical, mental and moral requirements established by the State agency having responsibility for pupil transportation. Since States set the procedures for selecting school bus drivers, State officials would be able to provide Mr. Cormick with more information about California's policies governing school bus driver selection and examination.; Because we regulate the manufacture and sale of new school buses an not their use, we would have no authority to prohibit school bus users from placing wheelchairs in aisles of school buses. Further, no recommendations for accommodating wheelchairs in school buses have been made in Program Standard No. 17. However, we are concerned about practices that might affect the safety provided by school buses (such as impeding access to school bus exits) and we encourage States to ensure that school children are transported in the safest possible manner. Mr. Cormick's school district might want to consider using school buses that have seating positions specially modified to accommodate students in wheelchairs. Those vehicles have wheelchair positions to which wheelchairs can be firmly secured, which provides safer accommodations to all occupants of the school bus.; Please contact me if you or your constituent have any furthe questions.; Sincerely, Erika Z. Jones, Chief Counsel