Interpretation ID: aiam4247
Chairman
Transportation Committee
Ms. Norma Gyle
Chairman
Seat Belt Subcommittee
State of Connecticut
E -- 23
State Capitol
Hartford
CT 06106;
Dear Ms. Wilber and Ms. Gyle: This responds to your letter asking whether Connecticut may se performance standards for belts retrofitted to school buses. I regret the delay in responding to your letter. The answer to your question is yes.; First, we would like to distinguish between a state law which would se standards for belts *voluntarily* retrofitted to school buses and a state law which *requires* all school buses to be retrofitted with safety belts. As to the latter, Connecticut may require the retrofit installation of safety belts in school buses which the State purchases for its own use. However, as explained below, Federal law would preempt Connecticut from requiring other school buses (i.e., those used by non-public schools) to be retrofitted with safety belts.; Federal preemption of State motor vehicle safety regulations i governed by section 103(d) of the National Traffic and Motor Vehicle Safety Act of 1966 which states:; >>>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.<<<; The first sentence of section 103(d) has the effect of preemptin safety standards of the States and their political subdivisions that regulate the same aspect of vehicle or equipment performance as a Federal safety standard unless they are identical to that safety standard. The second sentence of the section provides that the limitation on safety standards does not prevent governmental entities from specifying nonidentical safety requirements for vehicles procured for their own use. However, the second sentence does not permit these governmental entities to specify safety features that prevent the vehicle or equipment from complying with applicable Federal safety standards.; It is our opinion that a state standard which requires *all* schoo buses to be retrofitted with safety belts has the effect of mandating the installation of safety belts in all large school buses operating in that state. Since such a standard regulates the same aspect of performance as the Federal standard for school bus occupant crash protection (Federal Motor Vehicle Safety Standard (FMVSS) No. 222) and would not be identical to the Federal requirements for 'compartmentalization,' we believe it would be preempted under the first sentence of section 103(d). However, a state is not prohibited from requiring the retrofit installation of safety belts in school buses procured by the State or its political subdivisions (i.e., public school buses) as long as the Federal requirements for compartmentalization are not violated.; Connecticut may set performance requirements for safety belt voluntarily installed on used school buses, such as for the amount of force the anchorages must be capable of withstanding. As you know, we are currently considering an amendment to FMVSS No. 222 to set performance requirements for voluntarily-installed safety belts on new school buses with gross vehicle weight ratings over 10,000 pounds. However, since such an amendment, if adopted, would only affect *new* school buses and no Federal safety standard establishes performance requirements for retrofitting safety belts, Connecticut would not be preempted from establishing requirements for belts that are voluntarily- installed on used buses. Keep in mind, however, that a state should ensure that its requirements do not prevent vehicles from complying with Federal safety standards. Since FMVSS No. 209, *Seat Belt Assemblies*, specifies requirements for belt assemblies used in motor vehicles, Connecticut must not issue a standard for belt assemblies for nonpublic school buses that is not identical to Standard No. 209.; I hope this information is helpful. Please do not hesitate to contac my office if you have further questions.; Sincerely, Erika Z. Jones, Chief Counsel