Interpretation ID: 1985-04.38

TYPE: INTERPRETATION-NHTSA

DATE: 11/25/85

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Mr. Ron Marion -- Specification Engineer, Thomas Built Buses, Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Ron Marion Specification Engineer Thomas Built Buses, Inc. P.O. Box 2450 1408 Courtesy Road High Point, N.C. 27261

This responds to your October 1, 1985 letter to this office asking whether each state has the discretion to determine whether vehicles purchased for Head Start programs should be school buses. While the memorandum you intended to enclose from Commissioner Hodges was excluded from your letter, we are able to answer your questions directly. Your first question asked, "Are Head Start Programs considered schools or school related events for preprimary students?" This agency has consistently stated that a Head Start facility is considered a preprimary school for the purpose of the National Traffic and Motor Vehicle Safety Act. Your second question asked, "Are Head Start Agencies required to provide school buses when transporting 10 or more students?: As you know, the requirements under the Vehicle Safety Act apply to the manufacture and sale of new motor vehicles, and not to motor vehicle use. The Vehicle Safety Act does not require schools to use school buses that comply with our motor vehicle safety standards for school buses. Instead, given that Head Start facilities are "schools" within the meaning of the Vehicle Safety Act, each person selling a new bus (i.e., a motor vehicle designed to carry more than 10 persons) to such a facility is required to sell a bus that complies with NHTSA's school bus safety standards. Your final question asked about state discretion to determine whether Head Start centers must provide complying school buses. The requirements governing the use of a motor vehicle after it is sold is a matter of state law. While NHTSA has issued recommendations to states regarding school bus operation in Highway Safety Program Standard No. 17, Pupil Transportation Safety (copy enclosed), this agency has no requirement that Head Start centers must use complying school buses. On the other hand, the responsibility of school bus sellers to comply with the requirements of the Vehicle Safety Act, and to sell a vehicle that complies with all applicable safety standards, including the school bus safety standards, is a Federal requirement. Accordingly, the states have no discretion to permit persons to sell new buses to Head Start centers if those buses do not comply with the motor vehicle safety standards for school buses. For your future reference, Mr. Tilton is no longer with this agency. If you have further questions, please do not hesitate to contact us. Sincerely, Original Signed By Erika Z. Jones Chief Counsel Enclosure