Interpretation ID: 77-4.35

TYPE: Interpretation-NHTSA

DATE: November 11, 1977

FROM: James Tydings -- Specifications Engineer, Thomas Built Buses, Inc.

TO: Roger Tilton -- Office of the Chief Counsel, U.S. Department of Transportation

TITLE: Re "Head Start" Buses

ATTACHMT: Attached to letter dated 12-21-77 from Joseph J. Levin, Jr. to James Tydings; Also attached to letter dated 3-8-91 from Paul Jackson Rice to Ron Marion (A37; VSA 102(14) Part 571.3); Also attached to letter dated 5-10-82 from Frank Berndt (Signature by Stephen P. Wood) to Martin V. Chauvin; Also attached to letter dated 5-12-81 from Frank Berndt to Doris Perlmutter; Also attached to letter dated 6-11-90 from Ron Marion to Paul Jackson Rice (OCC 4915)

TEXT:

It is our understanding that the latest definition of a school bus was issued on December 23, 1975, with an effective date of October 27, 1976. This definition was published in the Federal Register Vol. 40, No. 251, Wednesday, December 31, 1975.

In the preamble of this notice, the reference is made to the (The Act)- Motor Vehicle and Schoolbus Safety Amendments of 1974.

This Act included a definition of a "school bus" wherein this definition used the word "preprimary" as referring to students.

If this be true, are we correct that "Head Start" buses used to transport preprimary students to the Head Start Programs, funded by HEW, are school buses as defined in the above notice, and are subjected to all of the Federal Motor Vehicles Standards applicable to school buses?

Thanking you in advance, we remain sincerely yours.