Interpretation ID: 8181
United States Senate
2550 University Avenue, West
Court International Building
St. Paul, MN 55114-1025
Dear Senator Wellstone:
Thank you for your letter on behalf of your constituents, Ms. Tutti Sherlock and Ms. Mary Bock, regarding the application of the National Highway Traffic Safety Administration's (NHTSA's) school bus standards to Head Start facilities.
Your constituents ask that NHTSA inform the Minnesota Department of Transportation that we do not require school bus manufacturers to provide school bus equipment, such as stop arms and special stop lights, on Head Start buses. They base this request on their belief that in 1985, NHTSA said that states may decide which regulations should apply to Head Start buses. They also believe that stop arms and lights for Head Start buses are unnecessary, and that painting Head Start buses yellow could be confusing.
We cannot provide the requested interpretation, because the understanding of your constituents is incorrect. By way of background, your constituents' concerns relate to two sets of regulations, issued under different Acts of Congress. The first of these, the Federal motor vehicle safety standards (FMVSS's) issued under the National Traffic and Motor Vehicle Safety Act ("Safety Act"), apply to the manufacture and sale of new motor vehicles. NHTSA has issued a number of FMVSS's for school buses, including FMVSS's requiring these buses to have a stop arm and warning lights. The Safety Act requires that each person selling a new bus (defined in our regulations as a vehicle designed for 11 or more persons) to a primary, preprimary or secondary school must sell a bus that is certified to the FMVSS's for school buses. State law cannot change this requirement.
The question of whether Head Start facilities are "schools" under the Safety Act has been addressed by NHTSA since the beginning of the school bus FMVSS's. The agency's longstanding position is that Head Start programs are primarily educational in focus rather than custodial, and are therefore "schools" under the Safety Act. We base this conclusion on a review of the goals and functions of the Head Start program (see, e.g., 45 CFR 1304.1-3), and on past NHTSA interpretations of "school." NHTSA has stated its position that Head Start facilities are schools most recently in an August 21, 1992 letter to Mr. Chuck Anderson of the Minnesota Department of Transportation. Any new bus that is sold to a Head Start facility must have the safety features of a school bus at the time of the vehicle's sale, including the stop arm and signal lights.
However, the Safety Act does not require Head Start facilities to use school buses or any other particular vehicle, nor does it require school buses to be painted yellow. The maintenance and operational characteristics of school buses are matters left to the individual states. We stated this in NHTSA's September 27, 1985 letter to Mr. Charles Pekow, to which you refer in your letter. To clarify your understanding of the letter, NHTSA stated that "The requirements for school bus operation and maintenance ... are matters left to the individual states to determine." (Emphasis added.) NHTSA's second set of school bus regulations, issued under the Highway Safety Act, is a set of recommendations to the states for developing effective pupil transportation programs. Highway Safety Program Guideline No. 17, "Pupil Transportation Safety" (copy enclosed), recommends that any vehicle designed for 11 or more persons that is used as a school bus should comply with the FMVSS's for school buses and should be painted yellow. However, Guideline 17 would affect the operation of your constituents' school buses only to the extent that Minnesota has incorporated it into state law.
I hope this information will be helpful in responding to your constituents.
Sincerely,
John Womack Acting Chief Counsel
Enclosure
ref:VSA d.1/26/93