Interpretation ID: aiam3434
Acting Chief of Staff
United States Marine Corps
Marine Corps Logistics Base
Barstow
CA 92311;
Dear Mr. Smith: Your letter of June 23, 1981 was forwarded to this office for reply. The National Highway Traffic Safety Administration (NHTSA) has issued number of Federal Motor Vehicle Safety Standards (FMVSS) that are mandatory under the National Traffic and Motor Vehicle Safety Act for all motor vehicles operated on public streets and highways. Included in those FMVSS are some that specifically apply to vehicles classified by the manufacturer as school buses. The vehicle manufacturer's certification label, generally on the door pillar, or the door, or in the driver's compartment, identifies this classification of the vehicle (TYPE) and the date of manufacture, this information in turn identifies the FMVSS that are applicable to the vehicle. These FMVSS pre-empt all state standards that apply to the same area of performance or component and require that the state standard shall be identical with the FMVSS.; Under the provisions of the Highway Safety Act the NHTSA has als issued, eighteen Highway Safety Program Standards (HSPS). Number 17 of this group applies to Pupil Transportation Safety. A copy of the 18 HSPS is enclosed for your information and there are also more detailed manuals available for guidance. These 18 HSPS are not mandatory for Federal requirements and are for the purpose of providing uniform guidelines for the states to develop their own standards. Where a state has developed its own standards from such guidelines or as its needs may require, the state is fully in control of its laws and enforcement that is applicable. The color used for school buses, as an example, can be a mandatory state law requirement. Laws concerning the transportation of school children on California streets and highways are also the state's responsibility.; We have also enclosed a current copy of the three Acts administered b the NHTSA and a leaflet indicating where the detailed FMVSS can be obtained. A booklet briefly summarizing some of the FMVSS and Motor Vehicle Regulations is also enclosed.; We have forwarded your letter, plus the attachments of CH correspondence, to our office of Chief Counsel in Washington D.C. for their review and comment concerning exemptions or pre-emptions.; Joseph F. Zemaitis