Interpretation ID: aiam2320
Chairman
Topeka Metropolitan Transit Authority
201 North Kansas Avenue
Topeka
KS 66603;
Dear Mr. Ryan: This responds to the Topeka Metropolitan Transit Authority's May 17 an 18, 1976, letters asking whether the National Highway Traffic Safety Administration's (NHTSA) definition of school bus or its Standard No. 222, *School Bus Passenger Seating and Crash Protection*, prevent the utilization of transit buses to transport students to and from school. You ask if a proposed amendment to Kansas statutes would conflict with Federal law or regulation if it exempts transit buses from a requirement that school bus seating be forward-facing.; Section 103(d) of the National Traffic and Motor Vehicle Safety Ac (the Act) (15 U.S.C. S 1392(d)) does preempt State motor vehicle safety requirements of general applicability that are not identical to a Federal standard applicable to the same aspect of performance. In this case, the proposed section 10 appears to be identical to S5.1 of Standard No. 222 insofar as it addresses the direction in which school bus seating must face. It is the opinion of the NHTSA that this portion of the proposed section 10 would therefore not be preempted by Standard No. 222.; The second portion of section 10 provides an exception to th requirement for forward-facing seats, and it is the NHTSA's opinion that the exception is preempted insofar as it might apply to school buses purchased by a metropolitan transit authority after the October 26, 1976, effective date of Standard No. 222.; In the case of transit buses 'designed and sold for operation as common carrier in urban transportation,' however, the exception does not apply to an aspect of performance regulated by a motor vehicle safety standard (i.e., the orientation of seating in transit buses). It would therefore not appear to be preempted by any Federal motor vehicle safety standard.; The NHTSA recently considered inclusion of transit buses in th definition of 'school bus' but concluded that Congress' intent in broadening the definition of 'school bus' did not address inclusion of transit buses involved in student transportation. I have enclosed a discussion of this issue that accompanied the redefinition of 'school bus.'; As you noted in your letter, Highway Program Safety Standard No. 17 *Pupil Transportation Safety* (23 CFR 1204), provides for the transportation of students in school buses and in transit buses.; Sincerely, Frank Berndt, Acting Chief Counsel