Interpretation ID: 1810y
Executive Director
National School Transportation Association
P.O. Box 2639
Springfield, VA 22152
Dear Ms. Finkel:
This responds to your recent letter to my office asking whether school buses used by school bus contractors regulated by the Federal Highway Administration (FHWA) must have push-out windows, even when those buses are used for purposes other than school transportation.
The answer to your question depends on the effect of our and FWHA regulations on the vehicles in question. We will only address the effect of NHTSA's requirements in this letter, and will ask FHWA to reply to you directly on FHWA requirements for push-out windows.
Under NHTSA's requirements, the answer is no. As you know, the buses you describe would have to comply with our Federal motor vehicle safety standards (FMVSS's) for school buses if they are sold as "school buses," i.e., for purposes that include carrying students to and from school or related events. (49 CFR /571.3) The determination of the intended use of the vehicle would be made at the time the new vehicle is first sold to the "school bus contractors." Any person selling the new buses to the contractors who knows that the vehicles would be used as school buses would be required to sell complying school buses. Since vehicles need only meet the FMVSS's applicable to their vehicle type (e.g., "school buses"), the school buses need not meet FMVSS's for non-school buses, even though the school buses might also be used for purposes other than school transportation. Conversely, any person selling a bus to a contractor knowing that the bus would not be so used, would not be required to sell a complying school bus.
FMVSS No. 217, Bus Window Retention and Release, does not generally require push-out windows for school buses, except a push-out rear window is required if a manufacturer decides to satisfy FMVSS No. 217's school bus emergency exit requirements by selecting the option (S5.2.3.1(b)) that calls for such a window.
Further, FMVSS No. 217 does not require push-out windows for non-school buses. The agency proposed to require push-out windows for non-school buses early in the rulemaking history of Standard No. 217 (35 FR 13025; August 15, 1970), but decided against such a requirement because devices other than push-out windows appeared to be effective for emergency egress. 37 FR 9394; May 10, 1972. Thus, new buses sold to bus operators for non-school bus purposes need not have push-out windows under Standard No. 217.
For your information, NHTSA has issued an advance notice of proposed rulemaking (53 FR 44623; November 4, 1988) to review Standard No. 217's emergency exit requirements for school buses. Among the issues under consideration by the agency is the desirability of a requirement for push-out windows. NHTSA is presently reviewing the comments received on the notice. A copy of the notice is enclosed.
In summary, a new bus sold for purposes that include carrying school children must meet our FMVSS's for school buses. This is so even if the bus is also used for non-school purposes. Our FMVSS's for school and non-school buses do not now generally require push-out windows.
We expect the FHWA will provide you with an interpretation of their requirements for push-out windows shortly.
Sincerely,
Erika Z. Jones Chief Counsel
Enclosure
/ref:217 d:4/27/89