Interpretation ID: aiam2696
State Coordinator of Pupil Transportation
Alabama Department of Education
State Office Building
R-515
Montgomery
AL 36130;
Dear Mr. Loper: This responds to your October 7, 1977, letter to and conversation wit Mr. Roger Tilton of my staff concerning the applicability of the Federal school bus standards to college buses.; The National Highway Traffic Safety Administration has determined tha colleges do not fall within the ambit of the school bus regulations. I am enclosing a copy of a previous letter on this issue. Accordingly, seat spacing in buses used to transport college students can be determined by the particular state in which the bus will be operated.; Your problem appears to be somewhat more complex than the abov description, however, since you require the college bus to be painted yellow, have flashing lights, and be labeled 'school bus.' It is unlikely that any manufacturers will sell you a bus marked and painted as a school bus that does not comply with the Federal school bus requirements. Were they to do this, it would subject them to liability if the bus were misused to transport school children, which from all outward appearances it would be designed to do. We suggest that you label the bus with the name of the college or other institution and drop the 'school bus' designation. This would permit manufacturers to supply the bus without fear of violating Federal requirements.; Sincerely, Joseph J. Levin, Jr., Chief Counsel