ACF

Administration
for Children
and Families

1) As part of its ongoing efforts to improve school bus safety, the National Highway Traffic Safety Administration (NHTSA) published proposed revisions to Guideline 17, "Pupil Transportation Safety," in the Federal Register for comment of May 17, 1990. Guideline 17 (23 CFR, Part 1204) contains recommendations to the States regarding various aspects of their pupil transportation safety programs. A copy of the final revisions, which became effective on May 28, 1991, is attached.

2) On October 26, 1986, Congress passed the Commercial Motor Vehicle Safety Act. The goal of the Act is to improve highway safety be ensuring that drivers of large trucks and buses are certified to operate those vehicles. The Act established minimum standards, which States must meet when licensing drivers of commercial motor vehicles (CMV). The CMVs, which fall under the standards, include any vehicle designed to carry 16 or more passengers. A summary of the new Commercial Driver's License (CDL) program prepared by the Federal Highway Administration is attached.

1) In Guideline 17, NHTSA has recommended (1204.4.IV.) that "Each State.should have a comprehensive pupil transportation Safety program." Head Start grantees and delegate agencies are urged to contact the State Director of Pupil Transportation to obtain a copy of the State's plan for pupil transportation safety in order to determine if Head Start programs are encompassed by the plan. In those States in which Head Start programs are not encompassed by the State plan, we recommend that programs consider using the plan as a guide to develop their own pupil transportation safety procedures.

Guideline 17 also defines what is considered to be a school bus. Grantees need to be familiar with this definition, given the requirement in the National Traffic and Motor Vehicle Safety Act of 1966 that school buses be constructed in accordance with the Federal Motor Vehicle Safety Standards (FMVSS, 49 CFR 571). In obtaining vehicles to be used in transporting children to and from the classroom or related events on a regular basis, Head Start agencies are encouraged, in the absence of a State requirement, to purchase only vehicles which meet the FMVSS standards.

2) Drivers of CMVs must have the newly required CDL in order to drive after April 1, 1992. Head Start Directors are advised, if they have not already done so, to immediately contact the Department of Transportation in their State to obtain a copy of the Commercial Driver's License manual for the State.

Head Start programs should ensure that temporary or substitute drivers, whether other staff or volunteers, also obtain the Commercial Driver's License.

/s/
Joseph A. Mottola
Acting Commissioner