Interpretation ID: aiam2620
Director
Bureau of Pupil Transportation
State of New Jersey
Department of Education
Division of Field Services
225 West State Street
P.O. Box 2019
Trenton
NJ 08625;
Dear Mr. Giesguth: This responds to your May 31, 1977, letter asking whether a bil presently before the New Jersey legislautre requiring 28-inch high seat backs and seat belts in all buses would be preempted by Federal regulations. Currently, Federal regulations require all school buses to be equipped with 20-inch high seat backs (measured from the seating reference point) and school buses with gross vehicle weight ratings of 10,000 pounds or less to be equipped with seat belts.; Federal preemption of State motor vehicle safety regulations i governed by Section 103(d) of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1381 *et seq.*) which states:; >>>Whenever a Federal motor vehicle safety standard established unde this title is in effect, no State or political subdivision of a State shall have any authority either to establish, or to continue in effect, with respect to any motor vehicle or item of motor vehicle equipment any safety standard applicable to the same aspect of performance of such vehicle or item of equipment which is not identical to the Federal standard. Nothing in this section shall be construed to prevent the Federal Government or the government of any State or political subdivision thereof from establishing a safety requirement applicable to motor vehicles or motor vehicle equipment procured for its own use if such requirement imposes a higher standard of performance than that required to comply with the otherwise applicable Federal standard.<<<; "The first sentence of Section 103(d) has the effect of preemptin safety standards of the States and their political subdivisions unless they are identical to applicable Federal safety standards that regulate the same aspect of vehicle or equipment performance. The second sentence of the section clarifies tvst the limitation on safety standards of general applicability does not prevent governmental entities from specifying additional safety features in vehicles purchased for their own use. The second sentence does not permit, however, these governmental entities to specify safety features that prevent the vehicle or equipment from complying with applicable Federal safety standards."; The law proposed in New Jersey would affect Federal requirement applicable to seat back height and seat belts. Since New Jersey requirements appear to impose a higher standard of safety than the Federal requirements in these areas, the State would be permitted to implement its standards for buses it purchases for its own use, but not for buses used by private schools. Further, it should be noted that all buses must continue to comply with the applicable Federal requirements.; Sincerely, Joseph J. Levin, Jr., Chief Counsel