Interpretation ID: nht91-7.36

DATE: December 9, 1991

FROM: Michael A. Martin -- Program Manager, Bureau of Highway Safety, State House Station 42, Augusta, Maine

TO: Mary Versailles -- Office of Chief Counsel, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 2/14/92 from Paul Jackson Rice to Michael A. Martin (A39; VSA 103(d); Std. 108; Std. 222); Also attached to letter from Erika Z. Jones to Martin V. Chauvin

TEXT:

In follow-up to our telephone conversation of November 20 concerning federal school bus safety standards and a state's ability to make improvements beyond those standards would you please provide a written response to the following.

First, what is the general rule to which states need to comply with regarding federal school bus safety standards? What bus safety modifications would not be restricted by 15 U.S.C. 1392(d)?

Would federal school bus safety standards restrict a state from requiring safety belts on school buses?

Could a school bus fleet modify the rear lighting configuration on their buses (8 light system) to reduce the potential for other vehicles rear-ending buses during poor visibility conditions e.g., fog? Please refer to the attached diagram. The proposed change is to replace the white 8 inch back-up lights with 8 inch red sealed beam warning lights similar to the two at the upper level of the rear end of the bus. These would flash in an alternating criss-cross fashion when the bus is stopped loading or discharging students. The small white lights at the lowest level of the rear end of the bus would each be replaced with white, universal backup lights angled to also direct their beams at 45 degree angles out from the rear of the bus. This would greatly improve the driver's ability to see when backing the bus in a direction both behind and to the side of the bus.

I would appreciate your interpretation of what safety modifications a state may propose that would definitely be preempted by federal school bus safety standards.

Thank you for your assistance.

Attachments

Drawing entitled Rear End of School Bus, Current System. Drawing entitled Rear End of School Bus, Proposed System. (Drawings omitted)