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Interpretation ID: 86-2.12

TYPE: INTERPRETATION-NHTSA

DATE: 04/03/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: The Honorable Quentin N. Burdick

TITLE: FMVSS INTERPRETATION

TEXT:

The Honorable Quentin N. Burdick United States Senate Washington, D.C. 20510

Dear Senator Burdick:

Thank You for Your letter enclosing correspondence from your constituent, Ms. Lorraine Holgerson concerning requirements for identifying school buses. Your letter has been referred to my office for reply since the National Highway Traffic Safety Administration (NHTSA) is responsible for administering Federal programs relating to school bus safety.

Ms. Holgerson is concerned that yellow school buses in North Dakota lack identifying features which notify following motorists that the bus is a school bus. Your constituent suggests Federal law address this problem by setting school bus identification requirements for features such as "School Bus" signs, or distinctive lights.

I appreciate this opportunity to respond to Ms. Holgerson's concern. would like to begin by explaining that NHTSA has two sets of regulations for school buses that contain special requirements facilitating the recognition of those vehicles by motorists. The first set, issued under the authority of the National Traffic and Motor Vehicle Safety Act of 1966, includes the motor vehicle safety standards applying to the manufacture and sale of new school buses. The second set of regulations, issued under the Highway Safety Act of 1966, are the highway safety program standards applicable to Federal funding of states' highway safety programs.

One of the motor vehicle safety standards applying to school buses issued under the Vehicle Safety Act is Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices and Associated Equipment. This standard requires school bus warning lamps on the rear of all new school buses. The presence of the lighting system alerts other motorists that the vehicle is a school bus, and activation of the lights warns motorists around the vehicle that school children are boarding or leaving the bus. Each school bus manufactured in or imported to this country must be equipped with the distinctive warning lamp system.

The additional identifying features that your constituent recommends for school buses have been included in the highway safety program standard we issued for pupil transportation safety (Highway Safety Program Standard No. 17). I have enclosed a copy of this standard for your information.

Standard No. 17 recommends that states require additional features for school buses such as prominent "School Bus" signs and the familiar yellow paint and black trim for the bus body, to distinguish them from other types of vehicles. Requirements for school bus identification are regularly included in states' highway safety programs to facilitate safe transportation of school children, and some or all of the recommendations of Standard No. 17 have been adopted by most of the states.

While we urge states to adopt a strong pupil transportation program consistent with Standard No. 17's guidelines, the effect of the standard on school buses operating in North Dakota is a matter for the State to decide. State officials are given discretion in adopting Standard No. 17 and may specify requirements for school bus operation that are appropriate for their particular highway safety needs. Ms. Holgerson might want to express her concerns and suggestions to North Dakota state officials, since they have the authority to set requirements for "School Bus" signs and other identifying features of school buses.

We appreciate Ms. Holgerson's concern for school bus safety. If you or your constituent have any further questions, please do not hesitate to contact us.

Sincerely,

Erika Z. Jones Chief Counsel

Enclosure

The Honorable Quentin N. Burdick United States Senate Washington, D.C. 20510

Dear Senator Burdick:

Thank you for your letter forwarding correspondence from your constituent, Ms. Lorraine Holgerson..

I have transmitted your inquiry to the appropriate Departmental officials who are familiar with this matter and they will respond to you directly.

I appreciate your contacting me and hope you will not hesitate to call if I can be of any further assistance.

Sincerely,

David P. Sloane Director, Office of Congressional Affairs February 27, 1986

Mr. David Sloane Director Office of Congressional Relations Department of Transportation 400 - 7th Street S. W. Washington, D. C. 20590

Dear Mr. Sloane:

Enclosed is a letter I have recently received from Lorraine Holgerson regarding her concern about the lack of appropriate reflectors on the back of North Dakota school buses.

I would appreciate your Looking into the matter Ms. Holgerson has described and responding to my office with your findings. Thank you for your attention to this matter.

With kind regards, I am

Sincerely,

Quentin N. Burdick QNB:mvj Honorable Senator Burdick:

Dear Mr. Burdick,

Could it be possible that a bill be passed to make North Dakota school buses more visible from the back?

School buses now have two directional lights back there, and a row of small lights across the top. This is really not very much on that large background of yellow.

Even the words "School bus" in black or reflective letterings should help.

Some truckers that drive the big rigs have lights all around the top of their cabs, and even a row of lights around the trailer.

Anything that could be done to make the school buses safer would be greatly appreciated.

Thank you

Lorraine Holgerson