Interpretation ID: 22705.drn

Mr. Bob Douglas
American Transportation Corporation
751 S. Harkrider
Conway, AR 72032

Dear Mr. Douglas:

This responds to your request that we write a letter to the Government of Israel's Minister of Transportation. You wrote that you needed this letter because you are:

working to secure a bid for commercial buses to be built here in Conway Arkansas and to be exported to Israel. They have requested that we provide them a letter that states that FMVSS 220 is an official regulation and that the regulation only pertains to school buses. They require that this letter come from NHTSA.

The following provides the information you request.

The National Traffic and Motor Vehicle Safety Act was enacted on September 9, 1966,

(P.L. 85-563), in order to reduce traffic accidents, deaths and injuries resulting from traffic accidents. This law, now codified as chapter 301 of title 49, United States Code, directs the U.S. Secretary of Transportation to establish Federal motor vehicle safety standards (FMVSSs), to which motor vehicles and motor vehicle equipment must conform and to which the manufacturers of such vehicles or equipment must certify compliance. The responsibility to establish FMVSSs has been delegated (by regulation) to the National Highway Traffic Safety Administration (NHTSA).

It is my understanding that the Israeli Government wishes to procure buses that are not school buses. There are no Federal motor vehicle safety standards on rollover protection that apply to non-school buses. NHTSA has issued FMVSS 220 (49 CFR Section 571.220), School bus rollover protection to establish performance requirements for school bus rollover protection, but does not apply this standard to non-school buses.

If you wish further information, please write to me at this address or contact Dorothy Nakama of my staff at: (202) 366-2992.

Sincerely,

John Womack
Acting Chief Counsel
ref:220
d.3/6/01