Interpretation ID: 1984-1.8

TYPE: INTERPRETATION-NHTSA

DATE: 02/01/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: The Honorable Dick Cheney -- House of Representatives

TITLE: FMVSS INTERPRETATION

TEXT:

Dear Mr. Cheney:

This responds to your recent letter to this agency, seeking comments on a constituent's letter concerning seating on school buses and the use of activity buses. Essentially, Mr. Krisko, your constituent, stated that the seating on school buses presents comfort problems on long distance trips, particularly for high school buses athletes, and asked why schools are not permitted to own "Trailways" type buses for use on these long distance trips. Mr. Krisko noted that Federal Law now permits the use of such buses only if they are leased by the schools or if the bus was manufactured before the comprehensive school bus safety standards became effective in 1977. As is more fully explained below, the answer is that the National Traffic and Motor Vehicle Safety Act, as amended (hereinafter referred to as "the Act"), together with the safety standards for school buses (which the Act required this agency to issue) require that buses which are significantly used to transport school children to and from school-related events must be certified as meeting those safety standards. "Trailways" type buses as currently manufactured cannot be certified as doing such, and therefore cannot be so used.

In 1974, Congress passed the School Bus and Motor Vehicle Safety Amendments (Pub. L. 93-492; hereinafter referred to as "the Amendments"). The Amendments added to the Act the following definition of a school bus: "a passenger motor vehicle which is designed to carry more than 10 passengers is addition to the driver, and which...is likely to be significantly used for the purpose of transporting primary, preprimary, or secondary school students to or from such schools or events related to such schools;...(15 U.S.C. 1391(14)). (Emphasis added). Those Amendments also provided that, not later than 15 months after they were enacted, the National Highway Traffic Safety Administration had to promulgate minimum performance standards for specified aspects of safety performance. The Amendments specified further that these standards "shall apply to each school bus and item of school bus equipment which is manufactured in or imported into the United States on or after April 1, 1977." (15 U.S.C. 1392(i)(1)(8))

Prior to this legislative action, many school districts had used so-called "activity buses" to transport students to and from extracurricular activities. The floor debates on the Amendments show that Congress was aware of this practice, yet chose to specify a broad definition of school bus, so as to require vehicles used solely for extracurricular activities to meet the same safety standards as those used to transport the children to and from school. This decision was partially based on the fact that 150 children were killed in 1971 in school bus accidents (see 120 Cong. Rec. HB120, daily ed., August 12, 1974). The statistics since the Amendments were passed indicate that Congress' goal of greatly reducing these fatalities has been accomplished by the school bus safety standards promulgated by this agency. In 1981, the last year for which complete statistics are available, there were 10 fatalities in school bus accidents.

The October 26, 1983 resolution passed by the Wyoming Association of Secondary School Principals (WASSP), which was enclosed with MR. Krisko's letter, contains a statement which suggests that the group may not be accurately informed about the origin of the current requirements for school buses.

The WASSP resolved that present administrative definitions be changed to allow schools to own commercial-type buses to transport school children to extracurricular activities. The language in our administratively-adopted for that purpose follows the statutory definition of that term. Without a change by Congress in the statutory definition, the administrative definition must remain as it is.

With respect to the issue of seat spacing, last year this agency amended Standard No. 222 to permit maximum seat spacing of 24 inches instead of teh 21 inches previously specified (48 FR 12384, March 24, 1983). This step could be taken to improve the comfort of those buses without compromising the level of safety afforded the occupants. During that rulemaking action, this agency considered allowing reclining seats similar to those used in commercial-type vehicles, but concluded that reclining seats could not provide the same level of safety protection as is provided by upright seats spaced 24 inches apart. Accordingly, this type of seating was not permitted. I understand Mr. Krisko's concern that such seating would be more comfortable on long trips. I hope that he understands that the agency carefully looked at the available date. In the agency's judgment, the date indicated that these seats would not be as safe if the bus were involved in an accident.

If you have any further questions or need more information on this subject, please do not hesitate to contact me.

Sincerely, Original Signed By Frank Berndt Chief Counsel Enclosure Ms. Carole Walls Congressional Relations Officer National Highway Transportation Safety Administration Department of Transportation Room 10406 400 7th Street, S.W. Washington, D.C. 20590

Dear Ms. Walls:

I have received the enclosed information from the President of the Wyoming Association of Secondary School Principals.

Mr. Krisko expresses his concern about regulations pertaining to the use of activity buses. He explains the special problems created by the regulations in a state as large as Wyoming, where some of the school trips are as long as 350 miles one way.

Any information you might be able to provide on this matter would be most appreciated.

Thank you very much for your assistance.

Best regards, Dick Cheney Member of Congress Enclosure

The Honorable Richard Cheney Room 4003 Federal Building Casper, WY 82601

Dear Representative Cheney:

The Wyoming Association of Secondary School Principals recently passed a resolution regarding the use of activity buses in our state. Other western states have also come up against similar problems, which can be summarized as follows:

Federal laws specify types of seating which may be used on buses used to transport students, regardless of the activity. The seats must be fixed (non-reclining) and may have a maximum 24" between seats. For normal school bus runs (to and from school) there is little problems; on long distance but also a safety problem. It is our opinion that regular" school buses are not designed for long distance travel, particularly with large high school athletes. Some of our trips are 350 miles, one way. There are two ways around the Bus Standards: "Trailways" type buses may be leased from another owner, or may be purchased by a school district if manufactured prior to 1977, when the standards became effective. The latter option leads to the purchase of older vehicles, possible unsafe. Some school districts lease a bus from a local recreation district, essentially owning the bus since recreation districts often are set up under statute by school boards. This however, is not possible in many communities. Some districts have taken a chance and purchased commercial-type buses, but are open to lawsuits in the event of an accident.

We are in communication with Mr. Ivan Gluckman, Legal Counsel for the National Association of Secondary School Principals, regarding this matter. Accompanying this letter are:

a) A copy of a resolution passed by WASSP, October 26,1983 b) Copies of correspondence with Ivan Gluckman c) Copies of some Federal Memoranda regarding school buses

We would appreciate your help in this matter. Other State Associations are being contacted.

Sincerely, Robert M. Krisko, President Wyoming Association of Secondary School Principals Thermopolis Middle School

Resolution from WASSP Wyoming Association of Secondary School Principals regarding Activity Buses.

Whereas: Students in Western States must travel long distances to participate in school related activities.

and Whereas: Regular school buses are not appropriate for long distance travel in terms of comfort storage of luggage and equipment, or safety

and Whereas: Under the Federal regulations school districts may lease commercial-type buses for activities but not own them

and Whereas: Availability of such leasing is unavailable in many locations

BE IT RESOLVED that the WASSP recommends that present administrative definitions be changed to allow ownership of such vehicles for use on activity trips.

Passed October 26, 1983. Robert M. Krisko, President WASSP