[26 Pa.B. 4411]
[Continued from previous Web Page] Additional Modifications to the Proposed Rulemaking
The text of these final-form regulations contains modifications, deletions and additions, none of which enlarges the scope of these amendments as originally proposed, and thus, may be published as final rulemaking. The following represents a summary of the changes:
(1) Section 171.1(b) has been amended to make these amendments effective upon the date of publication. These amendments were originally proposed to become effective September 1, 1996. However, realizing that circumstances may arise that might delay the adoption of these amendments the Department has heeded the recommendation of IRRC and amended this section so that these amendments become effective upon the date of publication. This section has been further amended to clarify that §§ 171.55(b) and 171.124(b) (relating to identification) will not become effective until September 15, 1997. The Department believes the additional year will provide affected vehicle owners and operators with enough time to affix the necessary identification emblems to their vehicles.
(2) Section 171.2 has been further amended for clarification purposes by adding a definition for the term ''designated seating position.'' The definition for this term mirrors the definition in 49 CFR 571.3 and will help in determining the amount of seating available on vehicles other than school buses. This definition was added to address the concerns of IRRC, who requested clarification on how ''adequate'' seating is determined. Further, the definition of the term ''specially equipped school bus'' has been further amended by deleting the phrase ''special education.'' By deleting this phrase, the Department hopes to clarify that specially equipped school buses are used to transport students who require or utilize special equipment. This amendment is the result of comments received by IRRC, which suggested that this definition should focus on the needs of the student, and not on the type of student being transported. Moreover, the definition of the term ''special education (exceptional) children'' has been deleted since this term was only used in § 171.91 The Department has instead deleted the term ''special education (exceptional) children'' from § 171.91 and replaced it with the phrase ''students with disabilities'' to clarify that specially equipped school buses are used to transport students with any disability. Finally, the definitions of the terms ''bus,'' ''GVWR,'' ''school bus'' and ''school vehicle'' have been further amended by including the complete definition as set forth in the Vehicle Code. This amendment is the result of discussion with IRRC, which pointed out that the inclusion of the complete definitions will eliminate the need of affected persons to look to another reference source to find out the meaning of these key terms.
(3) Section 171.21(a) has been further amended for clarification purposes by adding the phrase ''with clamps and hangers of a type and installed as recommended by the chassis manufacturer.'' The Department believes this clarification will eliminate confusion of affected person, and promote the safety of school bus occupants and the motoring public. This clarification is the result of comments to the Department requesting explanation of the phrase ''securely attached.''
(4) Section 171.31(b)(4) has been further amended to correct a typographical error by deleting the word ''training'' and replacing it with the word ''rating.'' IRRC brought this inadvertent printing error to the Department's attention. Therefore, the Department has amended this section to avoid confusion.
(5) Section 171.36(8) (relating to tires and rims) has been further amended to correct an inadvertent typographical error that occurred at publication by deleting the word ''retreated '' and replacing it with the word ''retreaded.'' The Department believes that this amendment will alleviate any confusion that may have been caused by this oversight.
(6) Section 171.45 has been further amended by replacing the word ''alteration'' with the word ''manufacture.'' The word ''alteration'' was unintentionally included in the notice of proposed rulemaking, published at 25 Pa.B. 5589. This amendment will alleviate any confusion caused by this mistake as well as ensure the Department's compliance with section 4103(e) of the Vehicle Code (relating to promulgation of vehicle equipment standards). Section 4103(e) of the Vehicle Code prohibits the Department from extending vehicle equipment standards to vehicles which, because of their date of manufacture, are not required by Federal standards to have the equipment.
(7) Section 171.47(3) has been further amended to clarify that only school buses that are equipped with reflective material, other than that required under §§ 171.50 and 171.59, shall be equipped as specified under this paragraph. Commentators believed the proposed language for this paragraph would be in contradiction of the Department's intent that reflective material, other than that addressed in §§ 171.50 and 171.59, is optional equipment as expressed in the preamble of the notice of proposed rulemaking. The Department believes this amendment more clearly indicates the additional reflective materials are not required, but if used, the reflective material shall be applied consistent with this paragraph.
The Department has further amended this paragraph by reducing the allowable reflective material widths from 6 inches to 12 inches to 1 3/4 inches to 4 inches. A commentator recommended that the installation of thinner strips of reflective material provide excellent side visibility and yet are less prone to peel off or be damaged in collisions. The Department believes this amendment will reduce costs to school bus owners and operators wishing to affix the additional reflective material to their school buses, yet will not compromise safety by diminishing a school bus' visibility in fog or inclement weather. The Department further believes school bus owners and operators will be more willing to equip their school buses with the thinner, less expensive strips of reflective material, thereby enhancing school bus visibility and child safety. For consistency purposes, Figure 3 has also been amended to reflect this change.
(8) Sections 171.51 and 171.52 have been further amended to require fire extinguishers and first aid kits to be mounted as directed by the item's manufacturer. This amendment is the result of comments received from IRRC, the Elwyn Institute and HMS School, all of whom requested clarification as to how these items were to be mounted in school buses.
(9) Sections 171.56 and 171.58 have been further amended by adding language to address interior air-conditioning units. The PSBA and school bus owners and operators requested that the Department consider adding language to this chapter concerning the installation of air conditioners in school buses. There have been instances when school buses have failed a school bus safety inspection because an installed after-market air-conditioning unit interfered with Federal safety standards. After several meetings with the various interested parties, the Department has amended § 171.56 to allow the inside body height to be measured from the rear vertical bow or the rear interior ceiling mounted air-conditioning unit. Moreover, § 171.58 has been further amended by adding a new paragraph (6) and subparagraphs (i)--(iii) to address air-conditioning units. Subparagraph (i) requires after-market air-conditioning units to be labeled certifying that the vehicle, as altered, conforms to all Federal motor vehicle safety standards affected by the alteration and in effect at the time of manufacture. Subparagraph (ii) requires interior ceiling-mounted air-conditioning units mounted within the head protection zone or at the rear of the bus to be padded with materials meeting FMVSS. Finally, subparagraph (iii) clarifies that air-conditioning units may be installed in other locations. The Department believes these amendments will provide guidance for installing air-conditioning units and for inspectors when conducting school bus safety inspections.
(10) Section 171.68(b) has been further amended to correct a typographical error by deleting the word ''and'' and replacing it with the word ''or.'' The Elwyn Institute and HMS School requested clarification of ''all other designated seating positions shall have a Type 1 and Type 2 seat belt assembly,'' specifically how Type 2 seat belts would be mounted for mid row or aisle passenger seats. By replacing the word ''and'' with the more appropriate preposition ''or'' the Department believes this amendment will clarify that either a Type 1 or Type 2 seat belt assembly may be used. Since Type 2 seat belts cannot be used for mid-row or aisle seats because there exists no location on which to secure the upper torso restraint, Type 1 seat belts would be used at these seating positions.
(11) Section 171.69 has been further amended by amending paragraph (4) to clarify the types of seats to be used on school buses. Several commentators expressed concern about specific types of seats and child seats that may be used on school buses. The Department has amended this paragraph by clearly stating that seats that are not designed to meet FMVSS No. 222 are prohibited. Since FMVSS No. 222 sets forth manufacture standards for all school bus seats, including school bus seat and seat component size and performance requirements, the Department believes this clarification will alleviate the need to list the types of seats allowed on school buses. Further, language setting forth the types of seats exempt from this paragraph has been further amended by clarifying that integrated child restraint seats must comply with FMVSS No. 213 (relating to child restraint systems). Moreover, this paragraph has been amended to further clarify that, before they are exempted from this paragraph, child safety seats must comply with FMVSS No. 213 and must be used as designated by the manufacture. FMVSS No. 213 sets forth the manufacture requirements for restraint systems designed for use in aircraft and motor vehicles, and school buses fall into the latter category. The Department believes this amendment clarifies the types of seats and child seats that are permitted for use on school buses. Finally, paragraph (9) was further amended for clarification purposes by deleting the term ''securely mounted'' and replacing it with the word ''installed.'' Several commentators expressed concern as to what was meant by ''securely mounted.'' The Department has amended this paragraph to clarify that seats are to be installed so as to prevent seats from disengaging from the seat frame under extraordinary operating conditions. Since school bus manufacturers shall install school bus seats under FMVSS No. 222, and § 171.84 requires equipment added to a school bus after its manufacture to meet applicable Federal standards, the Department believes this amendment addresses the commentators concerns.
(12) Section 171.93(1) was further amended for clarification purposes by deleting the phrase ''of the type that require human intervention to unlatch or discharge'' and replacing it with the term ''the securement devices shall be installed and used as designated by the manufacturer.'' One commentator suggested that the term ''of the type that require human intervention to unlatch or discharge'' be changed to allow for emerging technology that produces the same outcome without human involvement. The Department believes the amended language ''the securement devices shall be installed and used as designated by the manufacturer'' will allow, as suggested, for any emerging securement device technology.
(13) Section 171.96(a) was further amended for clarification by deleting the phrase ''are confined to wheelchairs'' and replacing it with the word ''utilize.'' Elwyn Institute and HMS School requested that the Department revise this subsection in this manner so as to include students who are not confined to wheelchairs but use them periodically. The Department is in agreement with the commentators' reasoning and appreciates them bringing this to its attention.
(14) Section 171.99 (relating to restraining devices) was further amended to clarify the types of belt restraint systems to be used on seat frames and seats. The AAP and HMS School requested that the Department be more specific concerning the attachments or devices to which belts, restraining harnesses or other devices may be attached to school bus seats. The Department has amended this section by clearly stating that belt restraint systems must be designed and installed in accordance with FMVSS Nos. 209 and 213, and used as designated by the manufacturer. The Department has further amended this section to require that the attachment framework and anchorage devices are to conform to FMVSS No. 210 (relating to seat belt assembly anchorages). The Department believes this clarification will eliminate confusion as to what types of restraint systems may be used and how they are to be attached to the seat or seat frame.
(15) Section 171.105 (relating to identification) was further amended by replacing the word ''shall'' with the word ''may.'' This section was originally proposed to require specially equipped school buses to display the universal handicapped symbol on the rear of the vehicle below the window line. The purpose of the proposed requirement was twofold: to alert emergency personnel, in the event of an accident, that a special needs student is on the bus; and to advise motorists, when the loading or unloading of a student takes longer than usual. Although the Department did not receive formal comments on this proposed requirement, several persons have approached the Department requesting that display of the universal handicap symbol be an option instead of a requirement. School personnel were unclear as to when a school bus is considered a specially equipped school bus. Further, parents of students riding specially equipped school buses cited their children's embarrassment in riding a bus labeled in this manner, since the universal handicapped symbol draws unwanted attention to their children.
Specially equipped school buses, as defined in § 171.2, are school buses used to transport students, and are equipped with special equipment as set forth in Subchapter D. Therefore, any school bus equipped with any of the equipment listed in Subchapter D is considered a specially equipped school bus. After reviewing this section, however, the Department believes there may be instances where the display of the universal handicapped symbol would be unnecessary. One instance would be where the only special equipment on the school bus is a restraining device used for a student with behavioral problems. Another instance would be if, on a particular day, the school bus is not transporting children with special needs and the school bus is involved in an accident. Emergency personnel will mistakenly believe that someone on the school bus is in need of special medical attention when that is not the case. For these reasons, the Department has amended this section to allow specially equipped school bus owners and operators to decide whether a specially equipped school bus should display the universal handicapped symbol.
(16) Section 171.101 was further amended for clarification purposes by deleting the sentence, ''Flexibility in seat spacing to accommodate special devices shall be permitted.'' The Department believes the remaining sentence, ''Seats shall be forward-facing,'' makes it clear that seating in specially equipped school buses must be forward-facing, including other seating such as wheelchairs. This amendment is in response to commentator concerns about flexible seating possibly compromising Federal seating requirements. The deletion of the ambiguous language will not inhibit flexible seating; instead the Department believes the deletion will clarify that whatever type of seating is used in a specially equipped school bus, that seating shall be forward-facing. This was the original intent of the Department.
(17) Section 171.122 was further amended for accuracy by deleting the reference to § 171.21 and replacing it with § 171.121. The Department has amended this section to correct a typographical error which occurred at publication. The Department believes that this amendment will alleviate any confusion that may have been caused by this oversight.
(18) Sections 171.125(c) and 171.139 was further amended to clarify that a designated seating position must be available for each passenger. This amendment is in response to a comment from IRRC requesting the Department explain how ''adequate'' seating is determined. The Department believes that this amendment, and the inclusion of the definition of the term ''designated seating position'' at § 171.2, will allow affected persons to determine the amount of seating available on these vehicles and insure that a designated seating position is available for each passenger.
(19) Section 171.147 was further amended to clarify that the owners of vehicles subject to this chapter must have the fire extinguishers on their vehicles inspected at least once every year. This amendment is the result of discussion with IRRC, who requested the Department identify the approving agency and party. The Department believes this amendment will make it clear that it is the vehicle owner's responsibility to ensure that fire extinguishers are inspected and approved at least once a year. Requiring this inspection and approval will help ensure that fire extinguishers on vehicles transporting school children are functioning properly, and at their full effectiveness, in case of a fire.
(20) Section 171.150 (relating to use of portable emergency warning devices) was further amended to clarify which vehicles are required to have portable warning devices. At the request of IRRC, the Department has set forth the relevant requirements relating to portable emergency warning devices as prescribed in section 4530(b) of the Vehicle Code.
(21) Appendix A has been further amended by including additional references to the Code of Federal Regulations so that affected persons are aware of what the citation in the regulation refers to and where they may obtain a copy of the material. Specifically, references to 49 CFR 393, 396, 567.7 and 581 have been added since these sections are referred to in these amendments. Further, the reference to 49 CFR 579 has been deleted and replaced with 49 CFR 569 since the Department inadvertently assigned the information relating to regrooved tires to the incorrect section. Finally, a reference to SAE Standard J1100, Motor Vehicle Dimension, has been added since this standard is referred to in these amendments.
Purpose of this Chapter
The purpose of this chapter is to promulgate equipment, operation and safety standards for school buses and other vehicles used for transporting school children.
Purpose of these Amendments
The purpose of these amendments is to amend the existing provisions of Chapter 171 governing the manufacture, conversion, maintenance and operation of school buses, specially equipped school buses and other vehicles used for pupil transportation. With the enactment of the National Traffic and Motor Vehicle Safety Act of 1966 (49 U.S.C.A. §§ 30101--30169) (original version at 15 U.S.C.A. §§ 1381--1481), the Federal government was given responsibility for developing and promulgating motor vehicle safety standards applicable to school buses manufactured and sold in all the states. Section 4103(b) of the Vehicle Code provides that promulgated Federal standards have the same force and effect as if promulgated by the Department and supersede any Commonwealth standard applicable to the same aspect of performance for a vehicle or item of equipment. Adoption of these amendments, therefore, will bring Department regulations into conformance with Federal safety standards, thereby eliminating conflicting standards and alleviating potential confusion wherever possible.
Further, these amendments will incorporate recommendations of the Tenth, Eleventh and Twelfth National Conference on School Transportation, held in 1985, 1990 and 1995, respectively. The National Conference on School Transportation was established in 1939 to encourage states to meet and discuss safety features and guidelines for school buses. The conference committee submits recommendations to the National Highway Administration, some of which have had a vital role in the development of Federal school bus equipment standards. These conferences are held every 5 years and are attended by official representatives of states' Departments of Education, local school district personnel, contract operators, advisors from industry and other interested professional organizations and groups.
Moreover, on August 7, 1995, the Department met with the PSBA, the Department of Education and representatives from Pennsylvania school districts to give them the opportunity to express their interest, concerns and requests regarding the installation of interior mounted air- conditioning units in school buses and the use of child safety seats on school buses. The Department also received correspondence from Trans/Air Manufacturing, Inc., expressing its interest in air-conditioning units. The Department agreed to review the information provided and add in this chapter language addressing interior ceiling mounted air-conditioning units. The Department also agreed that, since child safety seats have not yet been manufactured specifically for school buses, it would amend § 171.69(4) to clarify that child safety seats may be used if they comply with FMVSS No. 213.
Moreover, the Department has spoken on several occasions with the HMS School and AAP concerning the transportation of school students with special needs. On February 29, 1996, the Department met with the Elwyn Institute, HMS School, AAP, PSBA, Department of Education and other interested persons and organizations to discuss their concerns regarding the transportation of school students with special needs. This meeting was the first meeting of the Transporting Students with Special Needs Task Force. During the course of the meeting, the task force agreed that, although the purpose of this chapter is not to establish the special care, special handling or special training required for the transportation of school students with special needs, the Department would continue working with the task force to provide information and direction when needed. The task force met again on May 7, 1996, when it was agreed that the Department would provide administrative support for future meetings, but facilitation of the meetings would be the responsibility of other task force members. This decision was made since many of the goals to be achieved by the task force are not within the Department's authority to implement.
Persons or Entities Affected
These amendments affect manufacturers of school bus chassis, bodies and other components, persons and entities who sell, own, operate or maintain school buses and school vehicles, and the children who are transported in these vehicles.
Fiscal Impact
These amendments may indirectly impose minimal costs on State and local governments and private entities. Additional costs that may be incurred would be for newly authorized equipment, the removal or replacement of nonconforming equipment and required lettering or other identification on vehicles subject to this chapter. These amendments will not require the completion of additional forms, reports or other paperwork.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the Department, on June 30, 1994, submitted a copy of the notice of proposed rulemaking published at 25 Pa. B. 5589 to IRRC and to the Chairpersons of the House Transportation Committee and the Senate Transportation Committee for review and comment. In compliance with section 5(b.1) of the Regulatory Review Act, the Department also provided IRRC and the Committees with copies of the comments received, as well as other documentation.
In preparing these final-form regulations, the Department has considered the comments received from IRRC, the Committees and the public.
These final-form regulations were deemed approved by the House Committee on August 19, 1996, and deemed approved by the Senate Committee on August 19, 1996. IRRC met on August 22, 1996, and approved these final-form regulations in accordance with section 5(c) of the Regulatory Review Act.
Sunset Provisions
The Department is not establishing a sunset date for these regulations, since these regulations are needed to administer provisions required under the Vehicle Code. The Department, however, will continue to monitor these regulations for their effectiveness.
Contact Person
Carol Freeland
Bureau of Motor Vehicles
Vehicle Control Division
P. O. Box 869
3rd floor, Riverfront Office Center
1101 S. Front St.
Harrisburg, PA 17104
(717) 783-5842Authority
The amendments are adopted under the authority contained in sections 4103, 4551--4553 and 6103 of the Vehicle Code as further amended by the act of July 10, 1984 (P. L. 679, No. 146), the act of December 19, 1988 (P. L. 1290, No. 163) and the act of March 13, 1990 (P. L. 69, No. 14). The statutory provisions, respectively, direct the Department to promulgate vehicle equipment standards for vehicles, equipment and devices required under Part IV of the Vehicle Code (relating to vehicle characteristics); promulgate regulations governing the safe design, construction, equipment and operation of vehicles engaged in the transportation of school children; set forth the general requirements for school buses; prescribe general requirements for other vehicles transporting school children; and authorize the Department to promulgate regulations to implement the Vehicle Code.
Findings
The Department finds that:
(1) Public notice of intention to amend the administrative regulations amended by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202), and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) The amendment of the regulations of the Department in the manner provided in this order is necessary and appropriate for the administration and enforcement of the authorizing statutes.
Order
The Department, acting under the authorizing statutes, orders that:
(a) The regulations of the Department, 67 Pa. Code Chapter 171, are amended by:
(1) Amending §§ 171.12, 171.14--171.16, 171.18--171.20, 171.22--171.24, 171.26--171.28, 171.34, 171.35, 171.37, 171.42, 171.44, 171.49, 171.50, 171.54, 171.55, 171.57, 171.59, 171.61, 171.70, 171.72, 171.73, 171.76, 171.77, 171.92, 171.97, 171.98, 171.104, 171.121, 171.124, 171.141, 171.143 and 171.144; by deleting § 171.74; and by adding §§ 171.82--171.84, 171.106, 171.137, 171.138, 171.146, 171.148 and 171.149 to read as set forth at 25 Pa.B. 5589 (December 9, 1995).
(2) Amending §§ 171.1, 171.2, 171.21, 171.31, 171.36, 171.45, 171.47, 171.51, 171.52, 171.56, 171.58, 171.68, 171.69, 171.91, 171.93, 171.96, 171.99, 171.101, 171.122, 171.123, 171.125, 171.132, 171.133 and Appendix A and adding §§ 171.105, 171.139, 171.147 and 171.150 to read as set forth in Annex A.
(b) The Secretary of the Department shall submit this order, Annex A and 25 Pa.B. 5589 to the Office of Attorney General and the Office of General Counsel for approval as to legality as required by law.
(c) The Secretary of the Department shall certify this order, Annex A and 25 Pa.B. 5589 and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect immediately upon publication in the Pennsylvania Bulletin, except that §§ 171.55(b) and 171.124(b) become effective September 15, 1997.
BRADLEY L. MALLORY,
Secretary(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 26 Pa.B. 4371 (September 7, 1996).)
Fiscal Note: Fiscal Note 18-324 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 67. TRANSPORTATION
PART I. DEPARTMENT OF TRANSPORTATION
Subpart A. VEHICLE CODE PROVISIONS
ARTICLE VII. VEHICLE CHARACTERISTICS
CHAPTER 171. SCHOOL BUSES AND SCHOOL VEHICLES
Subchapter A. GENERAL PROVISIONS § 171.1. Applicability.
(a) Scope. This chapter applies to equipment and safety requirements for school buses as provided for in 75 Pa.C.S. § 4552 (relating to general requirements for school buses) and for other vehicles transporting school children as provided for in 75 Pa.C.S. § 4553 (relating to general requirements for other vehicles transporting school children).
(b) Effective date. This chapter is effective September 14, 1996, except that §§ 171.55(b) and 171.124(b) (relating to identification are effective September 15, 1997. School buses manufactured or converted prior to September 14, 1996, shall comply with the regulations in effect at the time they were manufactured or converted, except that Subchapter G (relating to operation standards for vehicles subject to this chapter) applies to vehicles subject to this chapter regardless of the date of manufacture or conversion.
(c) FMVSS. Vehicles manufactured as school buses are required to comply with FMVSS as established by the National Highway Traffic Safety Administration (NHTSA) at 49 CFR 571 (relating to Federal Motor Vehicle Safety Standards).
(d) Federal Motor Carrier Safety Regulations. Vehicles manufactured as school buses and operating in interstate commerce are required to comply with Federal Motor Carrier Safety Regulations as established by the Federal Highway Administration (FHWA) at 49 CFR Parts 393 and 396 (relating to parts and accessories necessary for safe operation; and inspection, repair and maintenance). See Appendix A.
§ 171.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Bus--A motor vehicle designed to transport 16 or more passengers, including the driver; or a motor vehicle, other than a taxicab or limousine, designed to transport not more than 15 passengers, including the driver, and used for the transportation of persons for compensation. The term does not include a vehicle used in a ridesharing arrangement, as defined in the act of December 14, 1982 (P. L. 1211, No. 279) (55 P. S. §§ 695.1--695.9), which provides for ridesharing arrangements and provides that certain laws are inapplicable to ridesharing arrangements, or a school bus.
Converted school bus--A vehicle not originally manufactured to be a school bus.
Convex mirror--A mirror having a curved reflective surface whose shape is the same as that of the exterior surface of a section of a sphere.
Department--The Department of Transportation of the Commonwealth.
Designated seating position--Under 49 CFR 571.3 (relating to definitions), a plain view location capable of accommodating a person at least as large as a 5th percentile adult female, if the overall seat configuration and vehicle design is of a type that the position is likely to be used as a seating position while the vehicle is in motion, except for auxiliary seating accommodations such as tempoary or folding jump seats. A bench or split bench seat in a passenger car, truck or multipurpose passenger vehicle with a GVWR less than 10,000 pounds, having greater than 50 inches of hip room (measured in accordance with SAE Standard J1100(a)--See Appendix A) may not have less than three designated seating positions, unless the seat design or vehicle design is of a type that the center position cannot be used for seating.
FMVSS--Federal Motor Vehicle Safety Standards published in the Code of Federal Regulations.
Forward control--A configuration in which more than half of the engine length is rearward of the foremost point of the windshield base and the steering wheel hub is in the forward quarter of the vehicle length.
GVWR--Gross vehicle weight rating--The value specified on the Federal weight certification label by the manufacturer as the loaded weight of a single vehicle.
Mass transit pupil transportation bus--A bus, other than a school bus, that is operated by an urban mass transportation system and used exclusively for the transportation of children to and from school and school-related activities, even if used for other transportation purposes at other times.
Pupil Transportation Section--The Pupil Transportation Section of the Bureau of Driver Licensing of the Department.
SAE--The Society of Automotive Engineers.
School bus--A motor vehicle designed to carry 11 passengers or more, including the driver, and used for the transportation of preprimary, primary or secondary school students to or from public, private or parochial schools or events related to these schools or school-related activities. The term does not include a motor vehicle used to transport preprimary, primary or secondary school students to or from public, private or parochial schools or events related to these schools or school-related activities, designed to carry 11 to 15 passengers, including the driver, and registered in this Commonwealth as a bus prior to March 1, 1993; or a motor vehicle designed to carry 11 to 15 passengers, including the driver, and titled to a public, private or parochial school on or before March 1, 1993, and registered to that public, private or parochial school in this Commonwealth as a bus prior to September 15, 1993. The types of school buses are as follows:
(i) Type A school bus. A school bus converted from or having a body constructed upon a van-type truck or front-section vehicle chassis, with a gross vehicle weight rating of 10,000 pounds or less.
(ii) Type B school bus. A school bus converted from or having a body constructed and installed upon a van-type truck, front-section vehicle chassis or stripped chassis, with a gross vehicle weight rating of more than 10,000 pounds. In this type of school bus, part of the engine is beneath or behind the windshield and beside the driver's seat; and the entrance door is behind the front wheel.
(iii) Type C school bus. A school bus having a body installed upon a flat back cowl chassis with a gross vehicle weight rating of more than 10,000 pounds. In this type of school bus, the engine is in front of the windshield and the entrance door is behind the front wheels.
(iv) Type D school bus. A school bus having a body installed upon a chassis, with the engine mounted in the front, midship or rear, with a gross vehicle weight rating of more than 10,000 pounds. The engine may be behind the windshield and beside the driver's seat; it may be at the rear of the bus, behind the rear wheels or midship between the front and rear axles; and the entrance door is ahead of the front wheels.
School vehicle--A motor vehicle, except a motorcycle, designed for carrying no more than ten passengers, including the driver, and used for the transportation of preprimary, primary or secondary school students while registered by or under contract to a school district or private or parochial school. The term includes vehicles having chartered, group and party rights under the Pennsylvania Public Utility Commission and used for the transportation of school children.
Specially equipped school bus--A school bus used to transport children which, in addition to meeting the requirements for school buses as described in this chapter, contains special equipment as required in Subchapter D (relating to specially equipped school bus standards).
Stop signal arm--A device that can be extended outward from the side of the school bus to provide a signal to other motorists not to pass because the bus has stopped to load and discharge passengers.
Type 2 seat belt assembly--A combination of pelvic and upper torso restraints.
Unit magnification mirror--A plane or flat mirror with a reflective surface through which the angular height and width of the image of an object is equal to the angular height and width of the object when viewed directly at the same distance except for flaws that do not exceed normal manufacturing tolerances.
Upper torso restraint--A portion of a seatbelt assembly intended to restrain movement of the chest and shoulder regions.
Subchapter B. SCHOOL BUS CHASSIS STANDARDS § 171.21. Exhaust system.
(a) General rule. The exhaust pipe, muffler and tailpipe shall be outside the body compartment and securely attached to the chassis with clamps and hangers of a type and installed as recommended by the chassis manufacturer.
(b) Tailpipe. The tailpipe shall be constructed of a corrosion-resistant tubing material at least equal in strength and durability to 16 gauge steel tubing.
(c) Tailpipe extension. The exhaust system of a school bus powered by a gasoline engine shall discharge to the atmosphere at or within 6 inches forward of the rearmost part of the school bus; however, until June 15, 1998, the tailpipe may extend to, but not beyond the body limits on the left side of the school bus within 60 inches of the left rear wheel as measured from the center of the wheel axis.
(d) Tailpipe extension for school buses using fuels other than gasoline. The exhaust system of a school bus using fuels other than gasoline shall discharge to the atmosphere either at or within 15 inches forward of the rearmost part of the vehicle; or to the rear of all doors or windows designed to be opened, except windows designed to be opened solely as emergency exits. Until June 15, 1998, the tailpipe may extend to, but not beyond the body limits on the left side of the school bus within 60 inches of the left rear wheel as measured from the center of the wheel axis.
(e) Insulation. The exhaust system on a gasoline powered chassis shall be properly insulated from fuel tank connections by a securely attached metal shield at any point where it is 12 inches or less from the tank or tank connections.
(f) Muffler. The muffler shall be constructed of corrosion resistant material.
(g) Discharge lines and outlets. The discharge lines and outlets on school buses equipped with compressed or liquified gas fuel systems shall be installed in accordance with Chapter 175 (relating to vehicle equipment and inspection).
(h) Exhaust system hangers. Exhaust systems may be equipped with hangers that permit required movement due to expansion and contraction caused by heat of the exhaust and relative motion between the engine and chassis of a vehicle.
(i) Exhaust system discharge location. Exhaust systems are not permitted to discharge to the atmosphere at a location immediately below the fuel tank or the fuel tank filler pipe.
§ 171.31. Passenger's load.
(a) Gross vehicle weight. Actual gross vehicle weight is the vehicle weight, plus the driver's weight, plus the total seated pupil weight.
(1) For purposes of calculation, the driver's weight is 150 pounds.
(2) For purposes of calculation, the pupil weight is 120 pounds per pupil.
(b) Weight limitations. The following weight limitations apply:
(1) Gross weight. The actual gross weight of the vehicle may not exceed the manufacturer's GVWR for the chassis.
(2) Axle weights. A bus may not be operated upon a highway with a weight on an axle in excess of the lesser of the manufacturer's rated axle capacity or 22,400 pounds--20,000 pounds on interstate highways--on a single axle or 18,000 pounds on a dual axle.
(3) Wheel weights. A bus may not be operated upon a highway with a weight upon a wheel in excess of 800 pounds for each nominal inch of width of tire on the wheel.
(4) Gross vehicle weight rating. A bus may not be operated upon a highway with weight exceeding the value specified on the Federal weight certification label by the manufacturer as the loaded weight of a single vehicle.
§ 171.36. Tires and rims.
The requirements for the tires and rims of a school bus are as follows:
(1) School buses shall be equipped with tires and rims which conform to the vehicle chassis manufacturer's specifications as to tire size, in that the tires and rims are not smaller than those that have been recommended by the chassis manufacturer. Tires and rims shall meet the requirements of FMVSS Nos. 119 and 120. See Appendix A.
(2) Dual rear tires shall be provided on Type B, Type C and Type D school buses.
(3) Tires on the same axle shall be of the same size and type of construction--bias, belted or radial. Type A school bus tires shall be of same size and type of construction on all axles.
(4) If the vehicle is equipped with a spare tire and rim assembly for emergency use, it shall be of the same size as those mounted on the vehicle.
(5) Tube type tires and tubeless equivalent tires shall be provided on dual wheel vehicles.
(6) When tires are replaced, they shall be of a quality equivalent to the original equipment.
(7) Radial type tires at least equivalent in strength and size to the bias construction tire specified may be substituted; however, no mixing of radial type and bias construction type tires may be permitted on the same axle.
(8) Regrooved, recapped or retreaded tires shall comply with the following:
(i) Regrooved, recapped or retreaded tires may not be used on front wheels or on single rear wheels.
(ii) Regrooved tires shall comply with safety standards certified by the tire manufacturer as meeting 49 CFR 569 (relating to regrooved tires)--see Appendix A--and shall be stamped as ''Regroovable.''
(iii) Recapped or retreaded tires shall comply with FMVSS No. 117. See Appendix A.
(iv) Regroovable tires may be retreaded, recapped or regrooved.
(9) No tire may be used which is in an unsafe condition. Tread depth on tires may at no time be less than 4/32 of an inch on the front and 2/32 of an inch on the rear as measured on two adjacent treads by an acceptable gauge such as the Dill, or its equivalent.
(10) A spare tire, if used, shall be suitably mounted in an accessible location outside the passenger compartment. Types A and B school buses need not comply with this paragraph.
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