Interpretation ID: aiam2874
Colorado Department of Education
201 E. Colfax
State Office Building
Denver
CO 80203;
Dear Mr. McCormick: This responds to your September 22, 1978, letter asking whether th Federal government has any school bus safety standards that would prevent the State of Colorado from regulating in two areas.; A State is not permitted to have any regulation concerning an area o safety regulated by the Federal government unless the State regulation is identical to the Federal standard or imposes a higher standard of care than the Federal regulation and applies only to vehicles purchased for use by the State. With respect to the body diagonal strength test proposed in your letter, the agency does not regulate that aspect of performance. Therefore, the State of Colorado is permitted to regulate this aspect as long as its regulation does not conflict with any Federal standard.; Your second proposal would define 'activity bus' in a manner that woul except it from State requirements for lighting and color but would continue to require it to be constructed in accordance with the Federal school bus safety standards. Highway Safety Program Standard No. 17 formerly granted activity buses the option of meeting all of the color and marking requirements for school buses or none of those requirements. That standard has been changed with respect to this option. All activity buses manufactured after April 1, 1978, must comply with all of the requirements applicable to school buses including the color and lighting requirements. Therefore, it is the opinion of the agency that your proposed definition of activity bus would conflict with Standard No. 17.; Sincerely, Joseph J. Levin, Jr., Chief Counsel