Interpretation ID: nht92-5.38

DATE: June 30, 1992

FROM: Lyle Walheim -- Lieutenant, Motor Carrier & Inspection Services, Wisconsin Department of Transportation

TO: Paul Jackson Rice -- Chief Counsel, NHTSA

COPYEE: Thomas Turner -- Bluebird Body Company

TITLE: None

ATTACHMT: Attached to letter dated 9/14/92 from Paul Jackson Rice to Lyle Walheim (A39; Std. 131)

TEXT:

I am writing regarding a concern raised by Mr. Thomas D. Turner, Manager, Engineering Services, Bluebird Body Co. In his letter of April 21, 1992, he requested information regarding FMVSS Standard 131. He also asked for an interpretation of how it applies to Wisconsin as well as other states that require the four warning-light system on school buses rather than the eight warning-light system now used in several states.

Wisconsin Statute S346.48(2)(a) requires that a school bus operator shall actuate such red lights at least 100 feet before stopping to load or unload pupils or other authorized passengers, etc. As stated in 346.48(1), a driver shall stop when the bus is displaying the flashing red warning lights. In addition, when the bus comes to a atop, the "stop-arm" is actuated by the opening of the service door. The service door may not be opened until the bus comes to a complete stop as stated in Administrative Rule, Trans 300.64.

In states that require an eight warning-light system, the amber warning lights are actuated when the school bus is preparing to stop; the red lights are not actuated until the bus comes to a stop. At that point, the red lights come on; the stop lights are actuated and the service door is opened. As you can see, it would not be practical to have the stop-arm extend until the bus actually stops and the door is opened.

It was our understanding that the Bluebird proposal to install a warning device that will sound when the alternating red lights are activated until the service door is opened and the stop-arm is extended would meet the requirement found in S5.5 exception.

The Wisconsin red light system has been required since 1954 and there are no plans to change to the eight light system. Conversion would be very costly and would create a great deal of confusion for the public who is used to the four light system.

It would appear that when the standard was written and implemented, no consideration was given to states who had implemented the stop-arm requirements (for safety purposes) well before they were considered for implementation in Standard 131.

Wisconsin urges you to consider approval of the warning system proposed by Bluebird Bus Company that appears to comply with the exception found in S5.5 for states that require the four red warning-light system.

Wisconsin continues to be in full compliance with SS131 except there now appears to be a difference of how S5.5 is interpreted for states with the four light system.

As previously indicated, requiring the stop-arm to be activated when the red warning lights come on will require Wisconsin to change both Statutes and the Administrative Rule to require an eight light system. This would be both very costly to retrofit and confusing to the public until total conversion by replacement of vehicles placed in operation prior to the effective date of SS131.

I have enclosed copies of Wisconsin Statutes and Administrative Rules for your information. If you have questions or need further information, feel free to call me at (608) 266-0305.

(Enclosure omitted)