ID: nht93-2.4

DATE: 03/03/93

FROM: BARRY FRELRICE -- ASSOCIATE ADMINISTRATOR FOR RULEMAKING, NHTSA

TO: RON MARION -- SALES ENGINEER, THOMAS BUILT BUSES, INO.

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 12-4-92 FROM RON MARION TO BARRY FELRICE (OCC 8073)

TEXT: This responds to your letter asking whether there has been any consideration given to excluding "non-route-type" school buses from Standard No. 131's requirement that school buses be equipped with a stop signal arm. You stated that, as a manufacturer of school bus bodies, you are getting numerous questions regarding the installation of stop arms on school buses not used on route service. According to your letter, a number of schools across the U.S. purchase school buses, paint them a color other than yellow, and use them exclusively for athletic trips. You stated that these buses pick up at the school and travel to another school to unload, and do not make stops for loading or unloading along the way and in no way attempt to control traffic. You stated that the purchasers of these school buses are concerned about paying for stop arms which are never used.

As you know, Federal Motor Vehicle Safety Standard No. 131, School Bus Pedestrian Safety Devices, is a new Federal motor vehicle safety standard which requires all new school buses to be equipped with a stop signal arm. The purpose of the requirement is to reduce deaths and injuries by minimizing the likelihood of vehicles passing a stopped school bus and striking pedestrians in the vicinity of the bus.

To answer your specific question, this agency has not considered whether "non-route-type" school buses should be excluded from Standard No. 131's requirement for a stop signal arm. I note that this issue was not raised in the comments on our notice of proposed rulemaking.

We do appreciate the concern of a purchaser about paying for safety equipment that he or she believes will never be used. However, the limited information provided in your letter does not provide a basis for concluding that we should consider changing the standard.

We do not know how many school buses are used exclusively or primarily for "non-route-type" service, although we assume the number is small. Further, it would appear that there would be occasion to use signal arms for some school buses used for such service. For example, these safety devices might be used while loading and unloading students when the school bus is parked on a school driveway or a road near a school, if the school bus is used to transport students to activities at locations other than schools, or if the school bus is sometimes used as a replacement for out-of-service regular route school buses. T also note that, assuming that there is occasion to use stop signal arms or some school buses which are primarily used for non-route service, it is not clear how the agency would distinguish, for purposes of a regulation, which school buses should be excluded from the requirement for stop arms.

I hope this information is helpful.

ID: 7353

Mr. Steven Rovtar
General Manager
Blazer International Corp.
2960 Hart Drive
Franklin Park, IL 60131

Dear Mr. Rovtar:

This responds to your letter of May 28, 1992, asking for "a written ruling" that the product you described "meets current SAE/DOT guidelines."

The product is intended for the vehicle towing trailer market. Currently, lamps on towed vehicles are activated by splicing into the wiring harness of the towing vehicle. Your product eliminates the need for this type of hard wiring. This product "utilizes photodetectors to read the output of the towing vehicle's stop and turn signal lamps, and in turn activate the lamps of the towed vehicle." Photodetectors are embedded in suction cups which are attached to the towing vehicle's stop and turn signal lamps. The device is plugged into the cigarette lighter receptacle of the towing vehicle, and the harness of the towed vehicle is plugged into the device. When the stop lamp or turn signals of the towing vehicle are activated, the photodetectors read the light emitted, and the towed vehicle's lamps are activated via the completed circuit.

For purposes of this discussion we shall assume that the device is intended for aftermarket distribution. Further, from your description, it appears to be the type of device that is simple enough to be installed by the vehicle owner. The product itself is not directly regulated by Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices and Associated Equipment, because it is not replacement equipment intended to replace original equipment. Its installation on a vehicle in use by the vehicle's owner is outside the prohibition contained in the National Traffic and Motor Vehicle Safety Act. That prohibition forbids "manufacturers, distributors, dealers, and motor vehicle repair businesses" from "rendering inoperative, in whole or in part," mandated safety equipment such as stop lamps and turn signal lamps.

Were the device installed by a person in these categories we would be concerned that the addition of the suction cups would partially obscure the original equipment stop and turn signal lamps and, thus, render them "partially inoperative" within the meaning of the prohibition. That concern is not lessened by the fact that the device may be installed by a person not covered by the prohibition, such as the owner of the towing vehicle. However, as a practical matter, we realize that the safety impact may be minimal since the presence of the trailer will obscure the lamps on the towing vehicle to which the suction cups are applied.

We cannot advise you on whether the product meets SAE requirements. The legality of the use of equipment that is not regulated by NHTSA is determinable under the laws of States where the towing-towed vehicle combinations are operated. We are unable to advise you on these laws, and suggest that you write the American Association of Motor Vehicle Administrators, 4600 Washington Boulevard, Arlington, Va. 22203, for an opinion.

Sincerely,

Paul Jackson Rice Chief Counsel

ref:108 d:6/17/92

ID: 7434

Mr. Eugene Welker
774 Harbor Island
Clearwater, FL 34630

Dear Mr. Welker:

This responds to your letter about a mirror system designed to improve a driver's view of areas behind a motor vehicle. You explained that a 35" vertical post would be bolted near a vehicle's rear bumper. This would result in a mirror being located a few inches above the top rear window stop light and facing forward at a 45 angle. You asked whether such a device would be legal. The following discussion and the enclosed information sheet, "Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment," explain your responsibility under NHTSA's regulation.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) does not approve, endorse, or certify motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act ("Safety Act"), the manufacturer is responsible for certifying that its vehicles or equipment comply with applicable Federal motor vehicle safety standards. The Safety Act requires that these safety standards establish minimum levels of performance for vehicles or equipment. Once the performance level has been established, vehicle or equipment manufacturers are free to choose any means they wish to achieve the required level of performance.

NHTSA has exercised its authority to establish performance requirements for new vehicles in Standard No. 111, Rearview Mirrors (49 CFR 571.111, copy enclosed). Standard No. 111 establishes performance and location requirements for rearview mirrors installed in any new vehicle. This means that the vehicle manufacturer must certify that each vehicle it manufactures complies with the specified requirements. Standard No. 111 requires that passenger cars be equipped with an inside rearview mirror and a driver's side outside rearview mirror that provide the field-of-view specified in S5.1.1. A passenger's side outside rearview mirror is required in situations where the inside rearview mirror does not provide the specified field-of-view. Additional requirements for other vehicle types are set forth in S6, S7, and S8.

No provision in the Standard specifies requirements for a mirror that attaches to the vehicle's rear bumper. Accordingly, a mirror like yours would not be prohibited from being installed on any vehicle by the current requirements in Standard No. 111. Accordingly such a mirror would be permitted, but only as a supplement to the required mirrors.

In installing the mirror, one must take care to avoid obscuring the vehicle's lighting devices, including the center highmounted stop lamps (CHMSL).

Please be aware that NHTSA does not regulate vehicles while they are in use. The American Association of Motor Vehicle Administrators, 4600 Washington Blvd, Arlington, VA 22203 may be able to advise you about the laws of the individual States related to the use of equipment such as your own.

I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Paul Jackson Rice Chief Counsel ref:111 d:8/7/92

ID: 7439

Ms. Mary C. Andrews
2510 Glengyle Drive
Vienna, VA 22181

Dear Ms. Andrews:

This responds to your letter asking whether a plastic cone design you are developing would comply with the Department of Transportation's requirements applicable to warning devices. You explained that your device is a 24 inch high inflatable cone with reflector strips on the sides. The cone would be weighted down with sand in an enclosed bottom. Based on the information provided in your letter, it appears that your device would not comply with certain provisions of Federal Motor Vehicle Safety Standard No. 125, Warning Devices (49 CFR 571.125, copy enclosed).

By way of background information, the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., the "Safety Act") gives this agency the authority to issue safety standards applicable to new motor vehicles and new items of motor vehicle equipment. We have exercised this authority to establish Standard No. 125. The Safety Act provides that no person shall "manufacture for sale, sell, offer for sale, or introduce or deliver for introduction in interstate commerce, or import into the United States" any new motor vehicle or new item of motor vehicle equipment unless the vehicle or item of equipment complies with the applicable standard. (See 15 U.S.C 1397(a)(1)(A).) NHTSA has no authority under the Safety Act to approve, certify, or otherwise endorse any commercial product. Instead, the Safety Act establishes a self-certification process under which each manufacturer is required to certify that each of its products meets all applicable Federal Motor Vehicle Safety Standard. (See 15 U.S.C. 1403.) I am enclosing a general information sheet explaining NHTSA's regulations.

Standard No. 125 applies to devices, without self-contained energy sources, that are designed to be carried in motor vehicles and used to warn approaching traffic of the presence of a stopped vehicle, except for devices designed to be permanently affixed to the vehicle. See section S3. Your planned product appears to be such a device and would therefore need to comply with all of the requirements of Standard No. 125. As the enclosed copy of the standard indicates, your device would have to comply with specific requirements including those for minimum size, durability, material, container, labeling, configuration, color, reflectivity, luminance, and stability. From the information provided in your letter, it appears that your device would not comply with several of these requirements.

Please be aware that violations of Safety Act provisions are punishable by civil fines of up to $1,000 for each violation of a safety standard. In addition, the Act requires manufacturers to remedy their products if they fail to comply with any applicable safety standards.

I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Paul Jackson Rice Chief Counsel Enclosure

Ref: 125 U:\NCC20\INTERP\125\7439.mls cc: NCC-01 Subj/Chron, NCC-20 (MLS), NRM-01, NEF-01 Interp.: Std. 125, Redbook (2)

ID: nht88-1.81

TYPE: INTERPRETATION-NHTSA

DATE: 03/28/88

FROM: DON O. HORNING -- P. E. INDUSTRIAL TESTING LABORATORIES

TO: C-MORE-LITE, JERRY'S SERVICE

TITLE: TEST REPORT NO: 92606

ATTACHMT: ATTACHED TO LETTER DATED 08/19/88 TO DOUGLAS H BOSCO, FROM ERIKA Z JONES, REDBOOK A32 (2) STANDARD 108 LETTER DATED 06/16/88, TO ERIKA Z. JONES, FROM DOUGLAS H. BOSCO; LETTER DATED 08/03/87 TO DOUGLAS H. BOSCO FROM ERIKA Z JONES; LETTER DATED 0 6/09/88 TO JERRY K YOST FROM L. FROLLIN; 1988 LETTER TO ERIKA Z. JONES FROM JERRY SERVICE

TEXT: Enclosed is the photometric data taken on the Halogen H4651 Single Filament Sealed Beam Headlamp and the Halogen H4656 Dual Filament Headlamp.

The two headlamps were mounted on a standard text fixture placed on the goniometer and aimed per specification SAE J579, Dec 84. Candlepower readings were taken at the appropriate settings with both filaments energized on the H4656 headlamp and with the single filament energized on the H4651 headlamp.

These readings were combined to simulate the operation of the C-More-Lite Headlight relay which activates both filaments on the 2-filament headlamp as well as the single filament to effectively provide both low beam and high beam illumination when the hi gh beam is switched on.

The accompanying table of photometric results at 100 ft were made with the aim established per SAE J579, Dec 84, Section 3.4 and the voltage at 12.8 volts. As indicated at the bottom of the table, the maximums could not be combined, as they did not coin cide as to location. Adjusting either lamp to the location of the other maximum did not produce a combined maximum in excess of the permissible maximum of 75,000 cd.

No tests were run utilizing the C-More-Lite relay in the circuit. tests run only simulate the effect of its operation.

As a part of this report a copy of SAE J579, Dec 84, is included for substantiation of test points and maximum and minimum cd. There is also included a diagram of the measurement points combining both upper and lower beams.

It should be noted that this laboratory takes no position relative to the C-More Relay as regards its utilization.

Description of Headlamps used: ITL TEST NUMBER 92606

1. Lamp Halogen H4651 - 4x6 1/2 inch sealed beam headlamp Westinghouse Headlamps by Philips (Assembled in Mexico) High Beam for 4 head light system Replaces 4651, HP4651 2 lugs - 12 volts Marked - 1A1 Sealed Beam, Halogen, U.S.A. DOT.

2. Lamp Halogen H4656 - 4x6 1/2 inch sealed beam headlamp Westinghouse Headlamps by Philips (Assembled in Mexico) Low Beam for 4 headlamp system Replaces 4656, HP4656 3 lugs - 12 volts Marked - 2A1 Sealed Beam, Halogen, U.S.A. DOT.

[TABLE OF PHOTOMETRIC TESTS H4656 AND H4651 SEAL BEAM HEADLAMPS, ITL TEST NO 92606, OMITTED]

[SAE J579 STANDARD OMITTED]

LOWER BEAM & UPPER BEAM (CHART OMITTED)

ID: nht88-2.81

TYPE: INTERPRETATION-NHTSA

DATE: 08/01/88 EST

FROM: ERIKA Z. JONES -- CHIEF COUNSEL, NHTSA

TO: ROBERT G. YORKS -- VICE PRESIDENT AND GENERAL MANAGER, AUTOMOTIVE BUSINESS GROUP, TRUCK-LITTLE CO.

TITLE: NONE

ATTACHMT: MEMO DATED 5-24-88, TO KATHLEEN DEMETER, FROM ROBERT G. YORKS, 25220; MEMO UNDATED, TO ROBERT G. YORKS, FROM KATHLEEN DEMETER

TEXT: We have received your letter of May 24, 1988, withdrawing your request for confidential treatment of your letter of March 31 concerning the legality of a new safety lighting device. This letter also responds to your inquiry of July 14.

The device is described as a "combination center high-mounted stop lamp and cargo lamp". The functions are optically separate. The cargo lamp can illuminate the cargo box on pick-up trucks, while on vans and utility vehicles it serves as a "utility lig ht". The device is intended to be used as either original or aftermarket equipment.

The Federal motor vehicle safety standard on vehicle lighting is Standard No. 108. As you know, the center high-mounted stop lamp is required only for passenger cars. Further, there is no requirement that a center lamp intended for other types of motor vehicles meet the passenger car lamp requirements (for example, those requirements would prohibit combining the center lamp with the cargo lamp). As neither function of your device is required on lighting equipment for vehicles other than passenger car s, Standard No. 108 permits the installation of your device as original equipment provided that it does not impair the effectiveness of the lighting equipment that the standard does require. Whether impairment exists is initially a determination of the manufacturer of the vehicle who certifies compliance with Standard No. 108. However, the issue of impairment is ultimately subject to a determination by this agency. Types of impairment that can exist include functional interference with the wiring of o ther lamps, creation of ambiguous or confusing signals to such a degree that it may obscure the message of lamps and reflectors required by Standard No. 108, and reduction of photometrics below the minimum levels specified.

As an item of aftermarket lighting equipment, it is subject to a restriction of the National Traffic and Motor Vehicle Safety Act that its installation by a manufacturer, dealer, distributor, or motor vehicle repair business must not render inoperative i n whole or in part any device or element of design installed in accordance with a Federal motor

vehicle safety standard. We construe this prohibition strictly and equate it with impairment. If performance is "impaired," it can be viewed as "inoperative" with respect to achieving the purpose for which it has been installed.

Assuming that installation of an aftermarket device is not restricted by the Act, it nevertheless remains subject to the laws of a State in which the vehicle is registered and driven. We are not conversant with State laws on combination rear lamps, but you may wish to consult the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203, for an opinion.

I hope that this answers your questions.

ID: 01931.ztv

Mr. Jack W. DeYoung
Tumbleweed Trucks, Inc.
318 Kwanzan Drive
Lynden, WA 98264

Dear Mr. DeYoung:

This is in reply to your letter of October 18, 2002, with respect to the flash rate of hazard warning signal system flashers. You have invented a flasher "which is designed to produce a hazard signal consisting of repeating cycles of a number of short flashes followed by a longer pause." Your question, in essence, is whether Federal Motor Vehicle Safety Standard No. 108 requires "a uniform flash rate" for hazard warning signal system flashers or permits a varying one. It is your opinion that the standard does not require a "uniform flash rate."

Standard No. 108 requires that hazard warning signal flashers be designed to conform to SAE Recommended Practice J945, "Vehicular Hazard Warning Signal Flasher," February 1966. Paragraph 3 of J945 and its accompanying Figure 1 specify requirements for "Flash rate and percent Current On" Time" measurements." The flash rate must be 60 to 120 flashes per minute for "normally open" (i.e., variable load) flashers, and 90 to 120 flashes per minute for "normally closed" (i.e., fixed load) flashers. SAE J945 also requires that "flashing rate and percent current on time . . . be measured after the flashers have been operating for a minimum of five consecutive cycles and shall be an average of at least three consecutive cycles."

We have examined the diagram in your letter relating to your flasher invention.It shows that this design would not comply with Standard No. 108. We calculate that its flash rate would be 136.8 flashes per minute, exceeding the maximum permissible 120 flashes per minute. Specifically, the diagram shows two consecutive cycles of 160ms "on" followed by 200ms "off." These cycles are followed by a third cycle of 160ms "on followed by 620ms "off." The first two cycles equate to 166.7 flashes per minute, while the third cycle equates to 76.9 flashes per minute. The average of the three cycles is 136.8 flashes a minute.

While you might be able to modify your invention to reflect a complying flash rate for three specific cycles, we interpret the standard as requiring compliance over any three cycles chosen at random. The drastic change that would appear required for you to comply at three specific cycles would sharply reduce (and possibly eliminate entirely) the ability to comply at another three cycles chosen at random. Further such a change in your design would, we believe, affect the ability of the flasher to meet the percent on-time requirements. The need to fulfill both flash rate and percent on-time requirements may explain why industry has always chosen a uniform rate for flashers. Thus, while you are correct that SAE J945 does not specify that all cycles of flash be of the same duration, it is likely that the only way to meet the specification is to provide a "uniform flash rate."

I hope that this answers your questions.

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:108
d.11/14/02

ID: 10931

Mr. Jim Burgess
Engineering Manager
Independent Mobility Systems, Inc.
4100 West Piedras St.
Farmington, NM 87401

Dear Mr. Burgess:

This responds to your letter of May 18, 1995 to this office and your telephone conversations with Walter Myers of my staff on June 14 and 27, 1995, concerning an exclusion in Federal Motor Vehicle Safety Standard (FMVSS) No. 206, Door locks and door retention components. The standard excludes from its requirements doors equipped with wheelchair lifts and either a visual or audible alarm system.

You state that your company converts minivans into wheelchair accessible vehicles by lowering the floor and adding a wheelchair ramp to the right rear side sliding door area, with an audible and/or visual alarm. The issue you raise is whether FMVSS No. 206's exclusion of wheelchair-equipped doors also excludes a ramp-equipped door. The answer is no.

FMVSS No. 206 requires that side doors leading directly into a compartment containing one or more seating positions must conform to the standard. However, paragraph S4 of the standard states:

[S]ide doors equipped with wheelchair lifts and which are linked to an alarm system consisting of either a flashing visual signal located in the driver's compartment or an alarm audible to the driver which is activated when the door is open, need not conform to this standard.

FMVSS No. 206 was amended to add the wheelchair lift exception by final rule dated March 27, 1985 (50 FR 12029, copy enclosed). The agency's rationale was that when not in use, wheelchair lifts are stowed in a vertical position parallel to and in close proximity to the interior surface of the vehicle door, thus providing a barrier to occupant ejection if the door opened while the vehicle was in motion or in the event of a crash. The alarm requirement was intended to alert the driver to a door that was open on a vehicle that was in motion.

While the information you provided us showed that your wheelchair ramp is also stowed in a vertical position parallel to and in close proximity to the door and that you install audible and/or visual alarms for the driver, wheelchair lifts and wheelchair ramps are distinctly different components. Although they serve the same purpose and are similarly configured when in the stowed position, this agency cannot by interpretation say that "lift" includes "ramp." In order to amend the standard to exclude wheelchair ramps as well as lifts, rulemaking action would be required. You may petition this agency to do rulemaking, under 49 CFR Part 552 (copy enclosed). This agency will entertain your petition and decide whether a rulemaking proceeding is appropriate.

I hope this information is helpful to you. Should you have any further questions or need any additional information, please feel free to contact Mr. Myers at this address or at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

Enclosures (2) 1985 final rule Part 552

ref:206 d:8/4/95

ID: 11499ZTV

Mr. Bernard Caire
DBM Reflex Enterprises, Inc.
1620 boul. Dagenais ouest
Laval, Quebec H7L 5C7
Canada

Dear Mr. Caire:

This is in reply to your FAX of January 25, 1996, to Taylor Vinson of this Office, asking for two interpretations of paragraph S5.3.1.7 of Motor Vehicle Safety Standard No. 108 as they relate to your specific lighting array, for which you enclosed two drawings. These depict a housing containing a "turn signal" and a "daytime running light." You clarified your request in a telephone conversation with Rich VanIderstine of this agency on February 23, 1996.

Paragraph S5.3.1.7 modifies luminous intensity requirements for turn signal lamps "on a motor vehicle on which the front turn signal lamp is less than 100mm from the lighted edge of a lower beam headlamp, as measured from the optical center of the turn signal lamp." You ask, with respect to each of your drawings, whether the optical center of the turn signal is the same as the filament position. You note that there will be a higher light intensity in front of the bulb location.

Your first question appears to relate to turn signal/headlamp spacing, but we believe that your true concern is with the spacing relationship between a turn signal and a daytime running lamp (DRL). Because your DRL is a dedicated lamp serving only the DRL function, paragraph S5.3.1.7 does not apply.

The correct reference regarding the spacing between DRLs and turn signal lamps is paragraph S5.5.11(a)(4). This, in pertinent part, places the DRL "so that the distance from its lighted edge to the optical center of the nearest turn signal

lamp is not less than 100 mm . . . ." To determine the optical center of the turn signal lamp, we must refer for an answer to SAE J588 NOV84 Turn Signal Lamps For Use on Motor Vehicles Less Than 2032 MM in Overall Width. The answer depends on the design of the turn signal lamp. If the lamp primarily employs a reflector (for example, one of parabolic section) in conjunction with a lens, spacing is measured from the geometric centroid of the front turn signal functional lighted area to the lighted edge of the lower beam headlamp (paragraph 5.1.5.4.2, SAE J588 NOV84). The "geometric centroid" is the "optical center" for purposes of Standard No. 108. If the front turn signal is a direct light source type design, that is a lamp primarily employing a lens and not a reflector to meet photometric requirements, spacing is measured from the light source to the lighted edge of the DRL. The filament center of the light source is the "optical center" for purposes of Standard No. 108. If the distance is less than 100 mm, the requirements of S5.3.1.7 apply and the minimum intensity of the turn signal must be at least 2.5 times that normally required.

If you have any further questions, you may call Taylor Vinson of this office (202-366-5263).

Sincerely,

Samuel J. Dubbin Chief Counsel ref:108 d:3/14/96

ID: nht93-6.15

DATE: August 16, 1993

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Ron Marion -- Sales Engineer, Thomas Built Buses, Inc.

TITLE: None

ATTACHMT: Attached to letter dated 7/2/93 from Ron Marion to Marvin Shaw (OCC 8838)

TEXT:

This responds to your inquiry about the applicability of Standard No. 131, School Bus Pedestrian Safety Devices, to school buses you wish to sell to a customer in the United States Virgin Islands. You stated that these buses will be built as right hand drive vehicles with the entrance door located on the left side, since vehicles are driven on the left side of the road in this jurisdiction. You asked whether you can install, on the right side of the bus, the stop signal arm that is required by FMVSS 131. The answer is yes.

The National Traffic and Motor Vehicle Safety Act (15 U.S.C. S 1381, "Safety Act") requires new school buses sold in this country and in the U.S. Virgin Islands to comply with all applicable Federal school bus safety standards. (See, 15 U.S.C. S 1391(8) for reference to the Virgin Islands.) Standard No. 131 requires school buses to be equipped with a stop signal arm "on the left side of the bus." (S5.4) The purpose of this standard is "to reduce deaths and injuries by minimizing the likelihood of vehicles passing a stopped school bus and striking pedestrians in the vicinity of the school bus." (S2)

When NHTSA specified that the stop arm must be placed on "the left side of the bus," the agency meant the driver's side. Comments to the notice of proposed rulemaking (NPRM) and preamble of NHTSA's final rule all assumed that the left side of the bus meant the driver's side. (56 FR 20363, 20367). For example, while endorsing the proposed requirement for the stop arm, several commenters stated that an arm is needed near the driver's window. Moreover, S5.4.1(b) states that, for locating the arm, "the top edge of the stop signal arm is parallel to and not more than 6 inches from a horizontal plane tangent to the lower edge of the frame of the passenger window immediately behind the driver's window." (Emphasis added).

This provision indicates that the agency assumed that the "left" side is the driver's side. Further, a stop arm would not be needed on the non-traffic side of the vehicle.

Since the left side is not the driver's side for the school buses in question, the agency's general assumption was incorrect. In light of your letter, we will issue a technical amendment of Standard 131 so that S5.4 will require the stop signal arm on the DRIVER'S side of the bus. Until the amendment is issued, we will not take enforcement action regarding a manufacturer's locating a right hand drive school bus with a stop signal arm on the bus's driver's side.

I hope this information is helpful. If you have any questions about NHTSA's safety standards, please feel free to contact Marvin Shaw at this address or by telephone at (202) 366-2992.