Ever since Congress established Federal school bus safety standards in 1974, uncertainty has reigned about whether or not large 15-passenger vans could be used in transportation service for public and private schools, Head Start facilities, daycare centers, churches, nursery schools, etc. Also, whether smaller 10-passenger vans came under federal jurisdiction. The National Highway Traffic Safety Administration has issued scores of formal Interpretation Letters on these subjects. Here, users can find several of them. The most important of these letters to Head Start are the November 1977 letter to Thomas Built Buses and the August 2000 letter to Head Start Association Commissioner, Helen Taylor.

Thomas Buses Letter  1977 NHTSA opinion states that the Head Start program is a preprimary school system. Further, that that buses used to transport children to and from Head Start facilities are subject to Federal school bus safety standards

Helen Taylor letter: August 3, 2000 NHTSA interpretation letter explaining the agency's rationale revising its interpretation of "school" to exclude Head Start. NHTSA concluded that Head Start is not operating a school for the purposes of the Vehicle Safety Act. This letter opened the door for a new class of vehicle known as Allowable Alternative Vehicle, meaning a vehicle that meets the Federal school bus safety and crashworthiness standards except those for traffic control devices.

Gramse letter 1995 NHTSA interpretation letter regarding Minnesota state laws and Head Start

Nelson letter 1995 NHTSA interpretation letter regarding Guideline 17 in Head Start transportation service and whether Head Start vehicle must be painted school bus yellow.

Wellstone letter 1993 NHTSA interpretation letter responding to an inquiry from Sen. Wellstone's constituents. The constitutents want NHTSA to inform the Minnesota Department of Transportation that it does not require school bus manufacturers to provide school bus equipment, such as stop arms and special stop lights, on Head Start buses. NHTSA rejected the request.

Rost letter 1988 NHTSA interpretation letter responds to inquiry describing a conflict between a Federal motor vehicle safety standard applicable to school bus lighting, and State requirements applicable to these vehicles. The conflict involved buses in Head Start transportation service in Iowa and Wisconsin.

Marion letter 1985 NHTSA interpretation letter responds to inquiry whether each state has the discretion to determine whether vehicles purchased for Head Start should be school buses.

National Child Care Association Letter: September 17, 2000 NHTSA interpretation letter to Lynn White of the National Child Care Association, responding to the association's inquiry about the sale of large passenger vans to daycare facilities. This letter moves in the opposite direction of the August 8th Interpretation Letter to Head Start. In this letter, NHTSA reversed its long-standing position on daycare centers as custodial facilities, and wrote that if vehicles in daycare service are used to significantly transport children to or from school, those vehicles are subject to Federal school bus standards.

NCAA Response: National Child Care Association responds to NHTSA interpretation letter.

Q) What are NHTSA Interpretation Letters? A) According to the National Highway Traffic Safety Administration, "NHTSA's Chief Counsel interprets the statutes that the agency administers and the regulations that it promulgates. The Chief Counsel's interpretations, issued in the form of letters responding to questions from the motor vehicle industry and the public, represent the definitive view of the agency on the questions addressed and may be relied upon by the regulated industry and members of the public. These interpretations have always been available to the public in the agency's technical reference library. The World Wide web enables (NHTSA) to make them available through the Internet." Q) Why are they important to Head Start? A) For more than two decades, NHTSA has had the final say -- shy of formal court action -- of all statutes involving school buses. The agency's reach has included school buses in Head Start, as well as daycare, church and other non-profit service. Q) Where can I find these Interpretation Letters?   A) NHTSA posts all it Interpretation Letters on its web site. If you wish to research additional letters, or keep up with new postings, visit NHTSA's Search Tips. Another source is this web site. More than 60 interpretation letters pertinent to non-conforming vans in non-profit, daycare and Head Start service, some dating as far back as 1984, have been loaded to the STN web site. Q) Can I send a request for an Interpretation Letter? You can send an interpretation request by E-Mail to: Office of the Chief Counsel. Or you can send written requests to the agency at: The Chief Counsel, National Highway Traffic Safety Administration, NCC-01, 400 7th Street, SW, Washington, D.C. 20590. Call the agency at (202) 366-3820.