Interpretation ID: nht78-1.1

DATE: 12/12/78

FROM: AUTHOR UNAVAILABLE; J. J. Levin, Jr.; NHTSA

TO: Thomas Built Buses, Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. James Tydings Thomas Built Buses, Inc. P.O. Box 2450 High Point, NC 27261

Dear Mr. Tydings:

This responds to your November 7, 1978, question whether the National Highway Traffic Safety Administration's (NHTSA's) October 13, 1978, interpretation of the Ninth Circuit air brake ruling has revoked the exclusion of school buses from the "no lockup" requirements of Standard No. 121, Air Brake Systems. You also ask if a bus which is designed identically to a school bus qualifies for the exclusion from "no lockup" requirements if it is purchased and used for a purpose other than as a school bus.

The answer to the first question is no. The exclusion of school buses from the stopping distance requirements of Standard No. 121 (S5.3.1) remains in effect and was not altered by the October 13, 1978, interpretation.

The answer to the second question is also no. The exclusion from service brake stopping distance requirements (including the "no lockup" requirement) is limited to school buses, which are defined at 49 CFR S 571.3 as follows:

"School bus" means a bus that is sold, or introduced in interstate commerce, for purposes that include carrying students to and from school or related events, but does not include a bus designed and sold for operation as a common carrier in urban transportation.

The buses you describe would not qualify as "sold ... for purposes that include carrying students to and from school or related events." Therefore, they would not qualify for the school bus exclusion.

Sincerely,

Original Signed By

Joseph J. Levin, Jr. Chief Counsel