Interpretation ID: 77-4.40

TYPE: INTERPRETATION-NHTSA

DATE: 11/23/77

FROM: AUTHOR UNAVAILABLE; Joseph J. Levin Jr.; NHTSA

TO: Alabama Department of Education

TITLE: FMVSR INTERPRETATION

TEXT: This responds to your October 7, 1977, letter to and conversation with Mr. Roger Tilton of my staff concerning the applicability of the Federal school bus standards to college buses.

The National Highway Traffic Safety Administration has determined that colleges do not fall within the ambit of the school bus regulations. I am enclosing a copy of a previous letter on this issue. Accordingly, seat spacing in buses used to transport college students can be determined by the particular state in which the bus will be operated.

Your problem appears to be somewhat more complex than the above description, however, since you require the college bus to be painted yellow, have flashing lights, and be labeled "school bus." It is unlikely that any manufacturers will sell you a bus marked and painted as a school bus that does not comply with the Federal school bus requirements. Were they to do this, it would subject them to liability if the bus were misused to transport school children, which from all outward appearances it would be designed to do. We suggest that you label the bus with the name of the college or other institution and drop the "school bus" designation. This would permit manufacturers to supply the bus without fear of violating Federal requirements.

SINCERELY,

U.S. Department of Transportation National Highway, Traffic Safety Adm.

The State of Alabama operates buses to transport students to past secondary schools that operate separate and apart from the "primary, preprimary and secondary schools". There is a great need for these buses to have a seat spacing greater than the requirement in FMVSS 222. Any assistance in getting this seat spacing relayed for past secondary will be greatly appreciated.

Norman N Lopez State Coordinator of Pupil Transportation Alabama Department of Eduction