Interpretation ID: nht90-4.72

TYPE: Interpretation-NHTSA

DATE: December 3, 1990

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Malcolm B. Mathieson -- Vice President, Engineering, Thomas Built Buses, Inc.

TITLE: None

ATTACHMT: Attached to letter dated 3-26-90 from M.B. Mathieson to E.Z. Jones (OCC 4598); Also attached to letter dated 3-30-90 from M.B. Mathieson to M.F. Trentacoste; Also attached to letter dated 8-8-89 from M.F. Trentacoste to K. Finkel; Also attached to letter dated 9-29-77 from J.J. Levin, Jr. to M.B. Mathieson; Also attached to letter dated 7-5-84 from F. Berndt to R. Marion; Also attached to letter dated 3-23-90 from A.H. Brett to M.B. Mathieson

TEXT:

This responds to your letter to former Chief Counsel Erika Jones concerning the application of Federal Motor Vehicle Safety Standard (FMVSS) No. 217; Bus Window Retention and Release to school buses. I apologize for the delay in responding to your inqui ry.

Your letter expressed concern about a recent opinion from the Federal Highway Administration (FHWA) which states that school buses used in interstate commerce and thus subject to FHWA's Federal Motor Carrier Safety Regulations (FMCSR's) are required by t he FMCSR's to comply with the provisions in Standard No. 217 applicable to buses other than school buses. Your letter included copies of a recent letter from Thomas Buses to FHWA on this issue, as well past interpretations by FHWA and this agency.

As you are aware, Standard No. 217 contains specific emergency exit requirements for school buses, as well as requirements for other buses. As noted in your letter to FHWA, and in our past interpretations, including the July 5, 1984 letter to Ron Marion that you enclosed, it is NHTSA's position that all buses sold as school buses must comply with the school bus requirements in Standard No. 217. We recognize that this position may conflict with FHWA's interpretation of their regulations, and we are seek ing resolution of this issue with FHWA to resolve any inconsistencies between the FMVSS's and the FMCSR's.

I hope you have found this information helpful. Please do not hesitate to contact this office if you have further questions.