Interpretation ID: aiam2652
Manager
Engineering Services
Blue Bird Body Company
P.O. Box 937
Fort Valley
GA 31030;
Dear Mr. Milby: This responds to your June 29, 1977, letter asking whether states ar preempted from regulating minimum seat spacing in school buses by Standard No. 222, *School Bus Passenger Seating and Crash Protection*, which regulates maximum seat spacing.; The National Traffic and Motor Vehicle Safety Act provides in Sectio 103(d):; >>>Whenever a Federal motor vehicle safety standard under thi subchapter is in effect, no State or political subdivision of a State shall have any authority either to establish, or to continue in effect, with respect to any motor vehicle or item of motor vehicle equipment any safety standard applicable to the same aspect of performance of such vehicle or item of equipment which is not identical to the Federal standard. Nothing in this section shall be construed to prevent the Federal Government or the government of any State or political subdivision thereof from establishing a safety requirement applicable to motor vehicles or motor vehicle equipment procured for its own use if such requirement imposes a higher standard of performance than that required to comply with the otherwise applicable Federal standard.<<<; Section 103(d) has the effect of preempting safety standards of th states and their political subdivisions unless they are identical to applicable Federal safety standards that regulate the same aspect of vehicle or equipment performance. The second sentence of the section clarifies that the limitation on safety regulations of general applicability does not prevent governmental entities from specifying additional safety features in vehicles purchased for their own use. The second sentence does not, however, permit these governmental entities to specify safety features that prevent the vehicle or equipment from complying with applicable safety standards.; The state regulations to which you refer in your letter would mandat minimum seat spacing in school buses. Although the requirement of the National Highway Traffic Safety Administration (NHTSA) regulates maximum seat spacing and the state requirements regulate minimum spacing, the regulated aspect of performance is seat spacing. Therefore, it is the NHTSA's opinion that state standards applicable to all school buses concerning minimum seat spacing regulate the same aspect of performance as the Federal standard and would be preempted to the extent that they are not identical with the Federal standard. Section 103(d) would not prevent a state from requiring minimum seat spacing in buses procured for its own use as long as the maximum seat spacing of 20 inches is not violated.; The agency will try to disseminate this opinion to the states a broadly as possible. If you receive further state inquiries on this subject, you should refer them to this office.; Sincerely, Joseph J. Levin, Jr., Chief Counsel