Interpretation ID: nht78-1.31

DATE: 10/19/78

FROM: AUTHOR UNAVAILABLE; J. J. Levin, Jr.; NHTSA

TO: Colorado Department of Education

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your September 22, 1978, letter asking whether the 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 of 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 would 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,

COLORADO DEPARTMENT OF EDUCATION

September 22, 1978

Roger Tilton National Highway Traffic Safety Administration

Dear Sir:

The State Board of Education in Colorado is considering revision of current standards governing school bus construction.

Two matters have been raised which are connected with current Federal Motor Vehicle Safety Standards. They are:

1. Colorado prescribes a diagonal strength test for school bus bodies (sometimes referred to as a "racking load test"). Are there any federal standards which would preclude such a test being required in Colorado?

2. Current Colorado standards define an "Activity Bus" as a vehicle meeting Type II construction standards except for color, alternating flashing signals and stop-arm. Is such a definition acceptable under current federal standards?

The Board will begin reconsideration of these matters at the November 9 meeting. The information needs to be distributed to them as of October 20. I realize that this time frame is constricted; if you could forward some preliminary information by the October 20 date, it would be most helpful.

Thank you for your consideration.

Neal McCormick Consultant School Transportation