Interpretation ID: 1983-2.14

TYPE: INTERPRETATION-NHTSA

DATE: 06/06/83

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Western Bus Sales, Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

June 6, 1980 NOA-30

Mr. Dean A. Fialka Western Bus Sales, Inc. 311 N.E. 2nd Gresham, Oregon 97030

Dear Mr. Fialka:

Ms. Lauretta Carlson of our Regional Office in Seattle has forwarded to us a copy of a letter to you dated April 21, 1983, from the Motor Vehicles Division, Department of Transportation, Oregon, with reference to the "Conspicuity Package" on school buses. Oregon appears not to approve the white reflectors in this package. Ms. Carlson has asked us to respond directly to you.

The portions of the conspicuity package that trouble Oregon are the eight white reflex reflectors on the rear (installed on the extreme edge of the vehicle to define its height and width), and the seven white reflex reflectors on each side (defining the overall length and height of the bus). The Oregon letter says that the laws of that State allow only red and yellow reflectors to the rear and sides of the vehicle and that it finds "no indication that the white reflex reflectors are approved by the federal code."

Paragraph S4.1.3 of Federal Motor Vehicle Safety Standard No. 108 permits the installation as original equipment of other lamps and reflectors not specified by the standard provided that the additional equipment does not "impair the effectiveness" of lighting equipment required by Standard No. 108. The agency therefore has no present basis for concluding that white reflectors "impair the effectiveness" of red and yellow reflectors and lamps required by Standard No. 108. Thus, under Federal law, a school bus may be manufactured and sold with the white reflectors.

Further, use of white reflectors may aid safety. Although the National Highway Traffic Safety Administration has not conducted research on improving the conspicuity of school buses, it has contracted for a study of that issue with respect to large vehicles of similar sizes such as trucks and tractor-trailer combinations. The preliminary results indicate that outlining the sides and rear of large vehicles with red and white reflex striping is the best way to improve conspicuity; verification awaits field tests which have not been scheduled to date. Use of white reflectors, while not as effective as red and white striping, probably enhances conspicuity.

The use of a bus with these reflectors, however, is subject to Oregon law. Although under Federal law a State may not have a vehicle safety standard covering the same aspect of performance as a Federal vehicle safety standard unless is identical to it, the white reflectors are not required by a Federal standard and are thus subject to regulation by any State in which the school bus is registered.

I hope that this letter provides a satisfactory clarification.

Sincerely,

Frank Berndt Chief Counsel

cc: Lauretta Carlson Region X

April 21, 1983

Western Bus Sales, Inc. 311 NE 2nd Gresham, Oregon 97030

Attn: Dean A. Fialka

Gentlemen:

Your inquiry regarding the use of a special "Conspicuity Bus" package on school buses has been carefully reviewed. You advise the package contains all lighting and reflex reflectors required by federal standards, and in addition, white reflectors designed to be placed to outline the height and width of the bus from the rear and sides.

Oregon laws only allow the red and yellow or amber reflectors and lights to the rear and sides of a vehicle. (The only exception would be the white license plate light.)

Also, we find no indication that the white reflex reflectors are approved by the federal code. We will forward a copy of your letter to Lauretta Carlson, who is the area director for the National Highway Traffic Safety Administration. Possibly she will be able to advise you further on the federal regulations. You may wish to call her at (206) 442-5935.

Photocopies of the Oregon laws pertaining to use of reflectors and the allowable colors are enclosed for your information.

If we can help further, please advise.

Very truly yours,

Wayne Ivie Manager, Support Units Telephone 378-2057

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cc: Lauretta M. Carlson, Highway Safety Program Area Director, N.H.T.S.A., 3140 Federal Bldg., Seattle, Washington, 98174

March 15, 1983

Mr. Wayne Ivie Motor Vehicle Division 1905 Lana Ave NE Salem, OR 97314

Dear Wayne,

Enclosed are copies of two magazine articles covering the "conspicuity package" I briefly described to you over the phone. We have approached some school districts about including this package on their new buses and everyone is concerned with the legality of the color of the reflectors. As the articles state these white reflectors are in addition to those required by FMVSS 108.

To properly market this reflector option we need a determination in writing from your Division stating whether this package would be permissible under Oregon law. This package is of particular interest because the increased visibility would be a tremendous positive safety factor after dark, especially on rainy nights when visibility is reduced. The longer of the articles demonstrates the effectiveness of this new reflector package.

We sincerely appreciate the time taken out of your busy schedule for our request.

Thank you for returning my phone call last Friday; if you have any questions please do not hesitate to call me.

Very truly yours,

WESTERN BUS SALES, INC.

Dean A. Fialka Sales Manager

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