You asked if there is a federal school bus safety code and if any other states have laws requiring all school buses to be equipped with two-way radios. You also wanted us to provide a copy of the Connecticut regulations governing school bus safety.

SUMMARY

While there is no federal school bus safety code, requirements applicable to manufacturers of school buses and school bus equipment are specified in federal law and regulation. A total of 37 of the 60 federal motor vehicle safety standards are applicable to school buses, with several written specifically for school buses.

Although we checked the laws of 15 states, we were unable to find any examples of state level requirements for two-way radios in all school buses. We found numerous examples of such requirements being imposed by local school districts either on their own school bus fleet or those of their contractors.

A copy of the school bus safety regulations of the Department of Motor Vehicles are enclosed as you requested. They include regulations governing all school buses (Conn. Agencies Reg. § 14-275-1 through 14-275-46); minimum requirements for Type II (small) school buses (Conn. Agencies Reg. § 14-275a-1 through 14-275a-20); minimum requirements for Type I (large) school buses (Conn. Agencies Reg. § 14-275b-1 through 14-275b-149); and operational requirements for all school buses, motor vehicles used to transport special education students, maintenance and inspection requirements for school buses, and responsibilities of school bus carriers (Conn. Agencies Reg. § 14-275c-1 through 14-275c-53). We are also enclosing copies of CGS § 14-275 through 14-282a which are the primary school bus laws.

FEDERAL LAW REGARDING SCHOOL BUSES

There is no specific federal school bus safety code. Except for school bus construction standards that apply to manufacturers, school bus safety is left largely to states and municipalities to regulate.

Federal law defines a school bus as a passenger motor vehicle designed to carry a driver and more than 10 passengers that the U. S. Secretary of Transportation decides is likely to be used significantly to transport preprimary, primary and secondary school students to and from school or an event related to school. The law further requires the transportation secretary to prescribe safety standards for school buses and school bus equipment manufactured in, or imported into, the United States (49 U. S. C. § 30125). The standards must include minimum performance requirements for:

Pursuant to these requirements, federal safety regulations applicable to bus manufacturers have been developed. There are a total of 37 federal motor vehicle safety standards that apply to school buses. Many of these also apply to other types of motor vehicles, but several (among them standards 131, 220, 221, and 222) are written specifically for school buses.

The following is a list of the subjects covered by federal standards that have specific application to school buses, although some apply to other types of vehicles as well.

Standard 111—Rearview Mirrors (cross view mirrors for school buses)

Standard 131—School Bus Pedestrian Safety Devices

Standard 208—Occupant Crash Protection

Standard 209—Seat Belt Assemblies

Standard 210—Seat Belt Assembly Anchorages

Standard 213—Child Restraint Systems

STATE STATUTORY REQUIREMENTS FOR TWO-WAY RADIOS IN SCHOOL BUSES

We examined the laws of 15 states, including Massachusetts, New York, New Jersey, Pennsylvania, and Rhode Island and found no examples of two-way radios being required on school buses as a matter of state law. However, two-way radios appear to be required by many individual school districts either on their own fleets or on buses operated by their contractors. Thus it appears that the issue of requiring two-way radios on buses is most frequently a matter of policies or requirements established by school districts rather than states.

In our research, we did find two examples of state level restrictions on the use of two-way radios by drivers while operating school buses. Colorado State Board of Education regulations require school districts and service providers to have procedures to govern the use of cell phones and two-way radios by school transportation vehicle drivers. The procedures must include limiting the use of cell phones and radios while the vehicle is moving and restricting the use of personal cell phones (4204-R-232). In Georgia, school bus drivers are prohibited from using cell phones or two-way radios while loading or unloading passengers. The law also prohibits the use of cell phones (but not two-way radios) while the bus is moving (§ 40-6-165(d)).

In addition, we found that the regulations of the Bloomington, Minnesota School District require the driver to follow certain reporting procedures using two-way radio under certain conditions. The district operating rules require in the case of an accident or bus breakdown that the driver contact the dispatcher by two-way radio and provide the

location and number of the bus, the nature of the problem, and the status of the passengers. If radio contact cannot be established, the driver may not leave the bus. The driver appears to have two options in this case—either to send two responsible students to the nearest house to summon help or to ask a passerby or other motorist to do so from the nearest telephone (Regulation 707. 4).

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