Interpretation ID: nht92-4.26

DATE: August 21, 1992

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Chuck Anderson -- Assistant Commissioner for Public Safety, State of Minnesota

TITLE: None

ATTACHMT: Attached to letter dated 1/31/86 from Erika Z. Jones to Clennie H. Murphy, Jr.; Also attached to letter dated 9/27/85 from Jeffrey R. Miller to Charles Pekow

TEXT:

This refers to your recent telephone conversation with Walter Myers of my staff regarding the applicability of our Federal motor vehicle safety standards to buses used to transport children to and from Head Start facilities.

Please be advised that it remains the opinion of this agency that Head Start facilities are preprimary schools. Therefore, new buses sold to Head Start centers for use in transporting Head Start participants to and from school must comply with all Federal motor vehicle safety standards applicable to school buses. Enclosed for your information are two opinions previously issued by this office explaining our underlying rationale: Memorandum to Clennie H. Murphy, Jr., Acting Associate Commissioner, Head Start Bureau, dated January 31, 1986; and letter to Mr. Charles Pekow, Editor, Day Care Information Service, Bethesda, MD, dated September 27, 1985. Also enclosed is a coy of Highway Safety Program Guideline No. 17, Pupil Transportation Safety, issued jointly by the Federal Highway Administration and this agency. This guideline may be found at 56 Federal Register 19270, dated April 26, 1991.

I hope the enclosed information is helpful to you. If you have further questions regarding this matter, please feel free to contact Walter Myers of my staff at this address or by telephone at (202) 366-2992.