Interpretation ID: aiam5085
MO 65102-0480;
"Dear Mr. Noirfalise: This follows up your telephone conversation o November 10, 1992, with Walter Myers of my staff regarding a newly-effective statute in Missouri which revises state requirements on transportation of school children. You also stated that you were told by your counterpart in the State of Washington that Federal law prohibits transportation of school children in vehicles with a passenger capacity of less than ten people. As discussed in your telephone conversation with Mr. Myers, I have enclosed four recent letters explaining Federal law and pertinent regulations applicable to school buses and transportation of school children. These four are a November 3, 1992 letter to Mr. G. Thomas Owens, a July 7, 1992 letter to Senator Jim Sasser, a May 27, 1992 letter to Mr. Gerald A. Guertain, and a January 15, 1991 letter to Ms. Carol C. Verenea. These letters cover a variety of issues that, I think, will clarify your understanding of the issues with which you are concerned. Also enclosed is a copy of a pamphlet issued by this agency entitled Federal Motor Vehicle Safety Standards and Regulations, revised June 1989, and an information sheet issued by this agency entitled Where to Obtain NHTSA's Safety Standards and Regulations. In addition, I am enclosing for your information a copy of Highway Safety Program Guideline No. 17, Pupil Transportation Safety. This publication was issued under the authority of the Highway Safety Act of 1966 which authorizes this agency to issue nonbinding guidelines that states may refer to in developing their highway safety programs. Guideline 17 was jointly issued by this agency and the Federal Highway Administration to provide recommendations to the states on various operational aspects of their school bus and pupil transportation safety programs. Among other things, Guideline 17 recommends that any vehicle designed to carry more than ten persons which is used as a school bus comply with all safety standards applicable to school buses at the time the vehicle was manufactured. I hope the enclosed information will be of assistance to you. If you have any further questions, feel free to contact Mr. Myers at this address or at (202) 366-1992. Sincerely, Paul Jackson Rice Chief Counsel Enclosures";