Interpretation ID: aiam4032
Specification Engineer
Thomas Built Buses
Inc.
P.O. Box 2450
1408 Courtesy Road
High Point
NC 27261;
Dear Mr. Marion: This responds to your October 1, 1985 letter to this office askin whether each state has the discretion to determine whether vehicles purchased for Head Start programs should be school buses. While the memorandum you intended to enclose from Commission Hodges was excluded from your letter, we are able to answer your questions directly.; Your first question asked, 'Are Head Start Programs considered school or school related events for preprimary students?' This agency has consistently stated that a Head Start facility is considered a preprimary school for the purpose of the National Traffic and Motor Vehicle Safety Act.; Your second question asked, 'Are Head Start Agencies required t provide school buses when transporting 10 or more students?'; As you know, the requirements under the Vehicle Safety Act apply to th manufacture and sale of new motor vehicles, and not to motor vehicle use. The Vehicle Safety Act does not require schools to *use* school buses that comply with our motor vehicle safety standards for school buses. Instead, given that Head Start facilities are 'schools' within the meaning of the Vehicle Safety Act, each person selling a new bus (i.e., a motor vehicle designed to carry more than 10 persons) to such a facility is required to sell a bus that complies with NHTSA's school bus safety standards.; Your final question asked about state discretion to determine whethe Head Start centers must provide complying school buses.; The requirements governing the *use* of a motor vehicle after it i sold is a matter of state law. While NHTSA has issued recommendations to the states regarding school bus operation in Highway Safety Program Standard No. 17, *Pupil Transportation Safety* (copy enclosed), this agency has no requirement that Head Start centers must use complying school buses. On the other hand, the responsibility of school bus sellers to comply with the requirements of the Vehicle Safety Act, and to sell a vehicle that complies with all applicable safety standards, including the school bus safety standards, is a Federal requirement. Accordingly, the states have no discretion to permit persons to sell new buses to Head Start centers if those buses do not comply with the motor vehicle safety standards for school buses.; For your future reference, Mr. Tilton is no longer with this agency. I you have further questions, please do not hesitate to contact us.; Sincerely, Erika Z. Jones, Chief Counsel