Interpretation ID: nht95-3.51
TYPE: INTERPRETATION-NHTSA
DATE: July 24, 1995
FROM: Doug Burnett -- (Office Of Chuck Chvala)
TO: Dorothy Nakama -- DOT
TITLE: Re: School bus definition language
ATTACHMT: ATTACHED TO 8/4/95 LETTER FROM JOHN WOMACK TO CHUCK CHVALA (REDBOOK 2; PART 571)
TEXT: The budget language is reproduced below. The plus marks indicate new language and the minus marks indicate deleted language. Our current definition is not statutory, and I was mistaken when I told you that it is in Administrative Rule. Our only referen ces to the definition of a school bus are modified in the language below.
I have also attached a copy of the motion which was included in the budget, including a brief analysis of it by the Legislature's budget office. There is also a 1993 memo from our state DOT which discusses some of the issues involved here.
Thanks for your help on this and give me a call if you have any questions.
347.40 (2) No person shall operate on a highway any school bus having a passenger-carrying capacity of [- 10 -] [+ 16 +] or more persons [- including -] [+ in addition to +] the operator unless such bus is equipped with at least one mirror which is 7 inches in diameter so located as to enable the operator to see a reflection of the road from the entire front bumper forward to a point where direct observation is possible.
121.555 (2) (a) Insurance. If the vehicle is owned or leased by a school or a school bus contractor, or is a vehicle authorized under sub. (1) (b), it shall comply with s. 121.53. If the vehicle is transporting [- 9 -] [+ 15 +] or less persons in ad dition to the operator and is not owned or leased by a school or by a school bus contractor, it shall be insured by a policy providing property damage coverage with a limit of not less than $ 10,000 and bodily injury liability coverage with limits of not less than $ 25,000 for each person, and, subject to the limit for each person, a total limit of not less than $ 50,000 for each accident.
PUBLIC INSTRUCTION
Definition of School Bus
Motion:
Move to modify the current definition of school bus as follows:
1. Define a school bus as a motor vehicle which carries 16 or more passengers (in addition to the operator).
2. Provide that a school district can use, as an alternative method of transportation, a motor vehicle transporting 15 or less passengers (in addition to the operator).
Note:
Under current law, a school bus is defined as a motor vehicle which carries 10 or more passengers (in addition to the operator) for the purpose of transporting private and public school pupils to or from school, curricular or extracurricular activitie s, religious instruction (on days when school is in session). If a school board uses a school bus to transport pupils through a contract or the use of its own motor vehicles, the operation of the bus is subject to certain requirements regarding bus oper ator licensure and physical examinations, vehicle insurance, school bus painting and traffic safety rules. A school board can use, as an alternative, a motor vehicle transporting 9 or less passengers (in addition to the operator): in such cases, the scho ol district is not subject to the same requirements applicable to the operation of a school bus.
[Change to Governor: None]
LETTER
Ricardo Martinez Administrator, NHTSA Department of Transportation
Dear Mr. Martinez,
I have been contacted by Wisconsin State Senator Chuck Chvala regarding a provision recently passed in the Wisconsin Legislature's biennial budget. The language included in the legislation changes the state definition of school buses in a manner that is inconsistent with the definition established by the U.S. Department of Transportation. Senator Chvala has inquired as to whether this change in state law and subsequent state regulations would violate any federal laws or regulations with respect to the definition of school buses.
I would appreciate a prompt reply to Senator Chvala's inquiry. Please direct your response to:
Chuck Chvala Wisconsin State Senator State Capitol P.O. Box 7882 Madison, WI 53707-7882
Russell D. Feingold United States Senator
cc: Ms. Carmen Rivera, Legislative Liaison, NHTSA