Interpretation ID: aiam3874
Mandan Public School District
Central Administration Building
309 Collins Avenue
Mandan
ND 58554;
Dear Mr. Berge: This responds to your December 3, 1984 letter to the National Highwa Traffic Safety Administration (NHTSA) concerning the use of Greyhound-type buses to transport school children to school-related activities. You stated that the Mandan Public School District is considering purchasing 1963 and 1965 model year Greyhound-type buses for the purposes of transporting elementary and secondary students to activity events. Your first question asked whether this would be allowed under our regulations on school buses.; To begin, I would like to explain that there are two sets o regulations, issued under different Acts of Congress, that could affect Mandan's choice of buses. The first of these, the motor vehicle safety standards issued by our agency under the National Traffic and Motor Vehicle Safety Act of 1966 (Public Law 89-563, 15 U.S.C. 1381-1426) apply to the manufacture and sale of new motor vehicles. In a 1974 amendment to the Act, Congress expressly directed us to issue standards on specific aspects of school bus safety, including emergency exits, seating systems, window and windshields, and bus structure. The standards we issued became effective April 1, 1977, and apply to each school bus manufactured on or after that date. If Mandan had planned to buy a *new* bus for use as an activity bus, the manufacturer and dealer must certify that the bus complies with the motor vehicle safety standards applicable to school buses.; Since Mandan plans to buy 1963 and 1965 model year buses, however, th Vehicle Safety Act standards do not apply. There is nothing under that Act to prevent Mandan from buying a bus that was manufactured before the effective date of the school bus safety standards for school use. There might, however, be an impediment under State law, if North Dakota has adopted the provisions of the standard on school transportation issued by our agency under the Highway Safety Act (Public Law 89- 564, 23 U.S.C. 401-408). This standard, Highway Safety Program Standard No. 17 (HSPS 17), specifies that a bus used to transport more than 16 pupils to and from school should be painted yellow, be equipped with special mirrors and warning lights, and be marked 'School Bus.' We have ruled that the States should apply these specifications to activity buses as well as to the buses used for daily transportation.; I want to stress that HSPS 17 has no direct effect on Mandan's purchas of 1963 and 1965 model year buses. HSPS 17 will affect Mandan only if North Dakota has adopted it and if North Dakota accepts our view that the specifications apply to activity buses. If North Dakota chooses to exempt activity buses from being painted, signed, and equipped as school buses, we might disagree with the wisdom of its decision but we would not insist on compliance with HSPS 17 to the extent of taking action against the State. Congress has given us discretion under the Highway Safety Act not to insist that a State comply with every requirement of the highway safety standards. While we have stressed the importance of a strong pupil transportation program, consistent with HSPS 17, we have not insisted that the States comply with every feature of the standard.; Having said this, however, I would like to restate the importance tha our agency attaches to the use of safe buses to transport children. It remains the agency's position that a yellow school bus meeting the motor vehicle safety standards is the safest means of transportation for school children. It may not be the most comfortable for long trips, since it lacks the reclining seats and restroom facilities of the Greyhound-type buses, but it has safety features that the Greyhound-type buses that you are considering lack, such as seat backs designed to cushion impacts, windows that prevent ejections, and exits that facilitate escape after crashes. In the years since buses began to be manufactured with these features, there has been a marked improvement in school bus safety. These are features that Mandan should consider before it decides to buy a Greyhound-type bus.; Your second question asked whether Mandan may charter Greyhound-typ buses from a common carrier to transport students to school-related events.; Again, Mandan would not be precluded from chartering Greyhound-typ buses if North Dakota has not adopted our view that the specifications of HSPS 17 apply to activity buses.; If you have any further questions, please do not hesitate to contac us.; Sincerely, Frank Berndt, Chief Counsel