Interpretation ID: 1983-2.48

TYPE: INTERPRETATION-NHTSA

DATE: 08/18/83

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Champion Home Builders Co.

TITLE: FMVSS INTERPRETATION

TEXT:

July 12, 1983

Office of Chief Council National Highway Transportation and Safety Administration 400 7th Street, S.W. Washington, DC 20590

Attention: Mr. Kratzke

Reference: FMVSS 217

Dear Mr. Kratzke:

Champion Home Builders Co. is a manufacturer of medium duty buses. Our 22 passenger bus, including driver, with a GVWR in excess of 10,000 lbs. is equipped with a driver's door on the front road side, a passenger entrance door on the front off-road side, an emergency exit window on each side at the rear of the bus, and a roof exit in the rear half of the bus. Each of the emergency exit windows and the passenger door have more than 536 square inches of unobstructed opening available. The driver's door provides a sufficient unobstructed opening to pass a 13 by 20 inch ellipsoid through and has a sufficient area that, when added to the 536 square inches provided by the rear side window, provides for the 40% of the total unobstructed opening requirement on the road side. All exits including the roof exit meet all the requirements for exits as specified in FMVSS 217.

We have been advised of an opinion by a state regulatory agency that unobstructed openings provided by exit doors on buses over 10,000 lbs. GVWR may not be used in computing the total area requirements of S5.2 of the standard. More specifically, it is their opinion that the side exits required by S5.2.1 must be provided by windows. We are in disagreement with that opinion.

We are requesting an opinion from NHTSA concerning whether the exit facilities on our buses as outlined above meet the requirements of the standard. If more information is needed, please contact me.

Thank you in advance for your early consideration of this matter.

Sincerely,

John G. Sims Federal Compliance Engineer JGS/dko

cc: Mr. S. Messina, Supervisor Motor Carrier Inspection 1035 Parkway Avenue Trenton, NJ 08625

Mr. Jerry Loftus Mr. Wayne Williams

John G. Sims Federal Compliance Engineer Champion Home Builders Co. Dryden, MI 48428

Dear Mr. Sims:

This responds to your letter to Mr. Kratzke of my staff, concerning the emergency exit requirements of Safety Standard No. 217, Bus window retention and release, that apply to a 22 passenger bus with a gross vehicle weight rating in excess of 10,000 pounds. You indicated that your company counts the area provided by side doors in determining the total emergency exit openings for these buses. However, a state regulatory agency has advised you that side doors may not be used in computing the total emergency exit area required by S5.2 of Standard No. 217. Your letter stated that the state regulatory agency believes that the emergency exit opening for side exits must be provided by windows. The state regulatory agency is incorrectly interpreting the requirements of Standard No. 217 if they hold the position you have stated.

Section S5.2 of Standard No. 217 specifies requirements for the provision of emergency exits for buses, and S5.2.1 sets forth more specific requirements for buses with a gross vehicle weight rating of more than 10,000 pounds. As long as side doors meet all requirements applicable to emergency doors in Standard No. 217, they can be considered emergency exits for purposes of compliance with that standard. The agency has stated this position in several past interpretations, and has never indicated that only window emergency exits could be considered as side exits for purposes of compliance with section S5.2.1.

Should you have any further questions or need further information in this area, please contact Mr. Kratzke at this address, or by telephone at (202) 426-2992.

Sincerely,

Frank Berndt Chief Counsel