Interpretation ID: nht90-1.69

TYPE: Interpretation-NHTSA

DATE: March 14, 1990

FROM: Daniel L. Giles -- Christianson, Stoneberg, Giles & Myers, P.A.

TO: Steven P. Wood -- Acting Chief, NHTSA

TITLE: Re Western Community Action, Inc./Head Start Busettes

ATTACHMT: Attached to letter dated 9-7-90 from P.J. Rice to D.L. Giles (A36; Std. 108; VSA 103(3)); Also attached to letter dated 3-8-90 from D.L. Giles to D. Baker; Also attached to memo dated 3-6-90 from B. Wilson to D. Giles; Also attached to memo dat ed 2-22-90 from D. Baker to B. Wilson; Also attached to letter dated 3-18-88 from R.C. Rost to Chief Council, NHTSA; Also attached to letter dated 8-26-88 from E.L. Jones to R.C. Rost

TEXT:

Western Community Action, Inc. provides community services, including head start services in the Marshall, Minnesota area. They recently purchased two Wayne Busettes for use in transporting children to and from the head start facility. These buses carr y 23 children passengers or 16 adult passengers. The chasse is less than 10,000 pounds GVWR. The buses are blue in color with white lettering. As delivered by Minnesota Body and Equipment Company, each bus is equipped with an amber warning light syste m.

Western Community Action, Inc. has been warned by the Minnesota State Highway Patrol that the amber warning lights are illegal equipment in Minnesota because these vehicles are not "school buses" under Minnesota Statutes. No citation has been issued as of the date of this letter, but my client has been told that citations will issue if the amber warning light system is not removed or disabled.

I am enclosing the following documents:

1. March 8, 1990 letter to Dave Baker from Daniel L. Giles

2. March 6, 1990 letter from Bev Wilson to Dan Giles.

3. February 22, 1990 Memorandum from Dave Baker to Bev Wilson including copy of Minnesota Statutes.

4. March 18, 1988 letter from Minnesota Body & Equipment Co. to N.H.T.S.A.

5. August 26, 1988 letter from N.H.T.S.A to Minnesota Body & Equipment Co.

Mr. Dave Baker, Law Compliance Representative of the Minnesota State Highway Patrol has been provided with copies of the March 18, 1988 correspondence of Minnesota Body and Equipment Company and the August 26, 1988 correspondence from the N.H.T.S.A. Aft er reviewing this correspondence he has advised me that my client must remove or disable the amber warning light system from the Wayne Busettes it owns, or be in violation of Minnesota Statutes. Mr. Baker suggested that because these busettes are being used entirely within the State of Minnesota, they are not subject to regulation under the National Traffic and Motor Vehicle Safety Act.

Would you kindly review the correspondence and advise me at your

earliest convience whether the Wayne Busettes used in the head start program by Western Community Action, Inc. must be equipped with the amber warning light system, and if so, when the system is to be used. I would appreciate your response by fax, if po ssible.