Interpretation ID: 1985-04.6

TYPE: INTERPRETATION-NHTSA

DATE: 10/26/85

FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA

TO: Charles Pekow --Editor, Day Care USA

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Charles Pekow Editor, Day Care USA 4550 Montgomery Avenue Suite 700-N Bethesda, MD 20814

This is in further response to your July 23, 1985 telephone call to the National Highway Traffic Safety Administration asking whether a Head Start facility is considered a "school" for purposes of determining the applicability of our school bus safety standards. As Ms. Hom informed you, the answer is yes.

Enclosed are copies of two letters from this office addressing this " question. Our December 21, 1977 letter to Mr. James Tydings explains that Head Start facilities are preprimary schools within the scope of the National Traffic and Motor Vehicle Safety Act (as amended by the Motor Vehicle and Schoolbus Safety Amendments of 1974). We have also enclosed a May 10, 1982 letter to Mr. Martin Chauvin of the New York State Department of Transportation. You might be interested in the discussion in the Chauvin letter that distinguishes day care centers from Head Start facilities.

I understand that you might be contacting us with further questions regarding our school bus safety standards. We will be happy to assist you.

Sincerely,

Stephen P. Wood Assistant Chief Counsel for Rulemaking

Enclosures

NOA-30

Mr. James Tydings Thomas Built Buses, Inc. 1408 Courtesy Road P. O. Box 2450 High Point, North Carolina 27261

Dear Mr. Tydings:

This responds to your November 11, 1977, letter asking whether Head Start facilities are considered preprimary schools for purposes of applying the Federal school bus safety standards.

The National Highway Traffic Safety Administration (NHTSA) has determined that these facilities are primarily involved with the education of preprimary school children. Thus, the buses used to transport children to and from the Head Start facilities are considered school buses under the National Traffic and Motor Vehicle Safety Act (as amended by the Motor Vehicle and School Bus Safety Amendments of 1974) and must meet all Federal school bus safety standards. Sincerely,

Joseph J. Levin, Jr. Chief Counsel