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COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



Subchapter A. GENERAL PROVISIONS


Sec.


171.1.    Applicability.
171.2.    Definitions.
171.3.    Modification.

§ 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)  Exemptions. School buses manufactured or converted prior to September 14, 1996, must 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 be in compliance 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 be in compliance 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.

Authority

   The provisions of this §  171.1 amended under the Vehicle Code, 75 Pa.C.S. § §  4103, 4551—4553 and 6103.

Source

   The provisions of this §  171.1 adopted August 12, 1977, effective August 13, 1977, 7 Pa.B. 2255; amended August 4, 1978, effective July 1, 1979, 8 Pa.B. 2194; amended July 20, 1979, effective July 21, 1979, 9 Pa.B. 2401; amended March 27, 1981, effective March 28, 1981, 11 Pa.B. 1100; amended August 19, 1983, effective August 20, 1983, 13 Pa.B. 2561; readopted December 4, 1987, effective December 5, 1987, 17 Pa.B. 5052; amended September 13, 1996, effective September 14, 1996, 26 Pa.B. 4411; amended May 20, 2005, effective May 21, 2005, 35 Pa.B. 3039. Immediately preceding text appears at serial pages (291597) to (291598).

§ 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 temporary 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.

   Insignia—Any identification statement, symbol, figure, logo or distinguishing sign, name or mark.

   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.

   Multifunction school activity bus—A school bus used to transport students on field trips, athletic trips or other curricular or extracurricular activities, but not used for to-and-from school transportation.

   Pupil Transportation Section—The Pupil Transportation Section of the Bureau of Driver Licensing of the Department.

   SAE—The Society of Automotive Engineers.

   School—An institution for the education or training of children, including but not limited to kindergartens, rehabilitation centers, day care centers, Head Start centers, group day care homes, family day care homes and summer camps.

   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 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 left side driver’s door and the entrance doors behind the front wheels. This definition includes two classifications: Type A1, with a Gross Vehicle Weight Rating (GVWR) less than or equal to 10,000 pounds; and Type A2, with a GVWR greater than 10,000 pounds.

     (ii)   Type B school bus. A school bus constructed utilizing a stripped chassis, with the entrance door behind the front wheels. This definition includes two classifications: Type B1, with a GVWR less than or equal to 10,000 pounds; and Type B2, with a GVWR greater than 10,000 pounds.

     (iii)   Type C school bus. A school bus constructed utilizing a chassis with a hood and front fender assembly without a left side driver’s door and with the entrance door behind the front wheels.

     (iv)   Type D school bus. A school bus constructed utilizing a stripped chassis with the entrance door 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 additional standards for specially equipped school buses and school vehicles).

   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.

Authority

   The provisions of this §  171.2 amended under Vehicle Code,

Source

   The provisions of this §  171.2 adopted August 12, 1977, effective August 13, 1977, 7 Pa.B. 2255; amended August 4, 1978, effective July 1, 1979, 8 Pa.B. 2194; amended July 20, 1979, effective July 21, 1979, 9 Pa.B. 2401; amended August 19, 1983, effective August 20, 1983, 13 Pa.B. 2561; corrected September 3, 1983, effective August 20, 1983, 13 Pa.B. 2707; readopted December 4, 1987, effective December 5, 1987, 17 Pa.B. 5052; amended July 7, 1989, effective July 8, 1989, 19 Pa.B. 2957; amended September 13, 1996, effective September 14, 1996, 26 Pa.B. 4411; amended May 20, 2005, effective May 21, 2005, 35 Pa.B. 3039. Immediately preceding text appears at serial pages (219598) to (219601).

§ 171.3. Modification.

 A secondary manufacturer which modifies the original school bus shall guarantee the performance of workmanship and materials resulting from the modification.

Source

   The provisions of this §  171.3 adopted August 19, 1983, effective August 20, 1983, 13 Pa.B. 2561; readopted December 4, 1987, effective December 5, 1987, 17 Pa.B. 5052. Immediately preceding text appears at serial page (83731).

Cross References

   This section cited in 67 Pa. Code §  171.23 (relating to frame).



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