Interpretation ID: 8234
620694, Darrington Unit
Rt. 3
P.O. Box 59
Rosharon, TX 77583
Dear Mr. McCray:
This responds to your letter of November 16, 1992 to former Secretary Card. Your letter has been referred to my office for reply, because the National Highway Traffic Safety Administration (NHTSA) administers Federal regulations for motor vehicle safety.
Your letter expresses concern about the buses that the Texas Department of Criminal Justice (DCJ) uses to transport inmates. You believe the buses are unsafe and operated in violation of Federal law. As explained below, it appears the DCJ did not violate any NHTSA regulation.
The National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., the Safety Act) authorizes this agency to issue Federal motor vehicle safety standards (FMVSS's) that apply to the manufacture and sale of new motor vehicles and new items of motor vehicle equipment. Under the Safety Act, each person selling a new bus must ensure that the bus complies with the FMVSS's for buses. NHTSA's requirements for vehicle seats are set forth in FMVSS No. 207, Seating Systems. However, that standard does not require seat covers or pads for any bus seat. Also, there is no FMVSS that requires buses to be heated.
NHTSA does not regulate the use of motor vehicles, such as the speed at which the DCJ must operate the bus. Individual states, not the Federal government, have authority over the use of vehicles. Texas state officials would be best able to answer your concerns about the manner in which you were transported.
I hope you find this information helpful. If you have any other questions, please contact us.
Sincerely,
John Womack Acting Chief Counsel ref:207 d:2/9/93