[Webmaster's note: This 1977 exchange of correspondence between James Tydings, a specifications engineer for Thomas Built Buses and Joseph L. Levin, Jr., the Chief Counsel of NHTSA, explains NHTSA's view that Head Start facilities are considered preprimary schools for purposes of being subject to the Federal school bus safety standards (i.e., Motor Vehicle and School Bus Safety Ammendments of 1974.) The letters are presented in their entirety.]
November 11, 1977
Office of the Chief Counsel U.S. Department of Transportation 400 7th Street, S.W. Washington, D. C. 20590
Attn: Mr. Roger Tilton
Subject: "Head Start" Buses
It is our understanding that the latest definition of a school bus was issued on December 23, 1975, with an effective date of October 27, 1976. This definition was published in the Federal Register Vol. 40, No. 251, Wednesday, December 31, 1975.
In the preamble of this notice, the reference is made to the (The Act) - Motor Vehicle and Schoolbus Safety Amendments of 1974.
This Act included a definition of a "school bus" wherein this definition used the word "preprimary" as referring to students.
If this be true, are we correct that "Head Start" buses used to transport preprimary students to the Head Start Programs, funded by HEW, are school buses as defined in the above notice, and are subjected to all of the Federal Motor Vehicles Standards applicable to school buses?
Thanking you in advance, we remain
THOMAS BUILT BUSES, INC. /s/ James Tydings Specifications Engineer
Certified #107035 1408 Courtesy Road, P. 0. Box 2450 High Point, North Carolina 27261
U.S. Department of Transportation National Highway Traffic Safety Administration Washington, D.C. 20590
December 21, 1977
REPLY REFER TO: NOA-30
Mr. James Tydings Thomas Built Buses, Inc. 1408 Courtesy Road, P. 0. Box 2450 High Point, North Carolina 27261
Dear Mr. Tydings:
This responds to your November 11, 1977, letter asking whether Head Start facilities are considered preprimary schools for purposes of applying the Federal school bus safety standards.
The National Highway Traffic Safety Administration (NHTSA) has determined that these facilities are primarily involved with the education of preprimary school children. Thus, the buses used to transport children to and from the Head Start facilities are considered school buses under the National Traffic and Motor Vehicle Safety Act (as amended by the Motor Vehicle and School Bus Safety Amendments of 1974) and must meet all Federal school bus safety standards.
/s/ Joseph J. Levin, Jr. Chief Counsel
