Interpretation ID: aiam2204
State of Connecticut
Department of Motor Vehicles
State Street
Wethersfield
CT 06109;
Dear Mr. O'Connell: This is in response to your letters of June 24, 1975, and May 30, 1975 regarding Federal Motor Vehicle Safety Standards Nos. 217 and 205. Please excuse our delay in answering your questions.; In your letter of June 24, 1975, you asked whether Standard No. 21 applies to school buses, and if so, whether Connecticut's regulations concerning emergency exits for school buses are in conflict with the Federal standard. By notice published in the Federal Register on January 27, 1976 (41 FR 3871) Federal Motor Vehicle Safety Standard No. 217, *Bus Window Retention and Release*, 49 CFR 571.217, was amended to specify requirements for emergency doors for school buses, pursuant to the provisions of Section 202 of the Motor Vehicle and Safety Amendments of 1974 (Pub. L. 93-492, 88 Stat. 1484, 15 U.S.C. 1392).; Since Standard No. 217, as amended, applies to school buses, effectiv October 26, 1976, any State regulations which differ are voided by S103(d) of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1392(d)). The Connecticut regulations are, therefore, preempted by Standard No. 217, since S103(d) requires the State regulations to be identical' to the Federal standard.; It should be noted, however, that while the State of Connecticut ma not issue a regulation which differs from similarly applicable Federal Motor Vehicle Safety Standard requirements, Connecticut (or any of its political subdivisions) may in its own contracts for school bus purchases require more stringent specifications, as long as the Federal minimum requirements are met.; In your letter of May 30, 1975, you asked whether Lucite AR and othe similar rigid plastics are allowed for use as side windows of buses under Standard No. 205, even though S5.1.2.1 does not list the use for Item 12' rigid plastics.; Item 12' is a classification created by the NHTSA for rigid plastic which comply with all tests required of Item 5' rigid plastics as defined in ANS Z26, with the exception of the test for resistance to undiluted denatured alcohol. Paragraph S5.1.2.1, Item 12 - *Rigid plastics*, provides that Item 5' safety plastic materials may be used in motor vehicles *only* in the locations specified, at levels not requisite for driving visibility. These locations include Standee windows in buses' and readily removable windows'. However, there is no provision in S5.1.2.1 which allows the use of Item 12' plastic materials for fixed, side windows in buses.; Standard No. 205 defines readily removable windows in buses having GVWR of more that 10,000 pounds to include pushout windows and windows mounted in emergency exits that can be manually pushed out of their location in the vehicle without the use of tools, whether or not one side remains hinged to the vehicle. Rigid plastics can only be used for side windows in buses if the side window is a readily removable window as defined by S5.1.1.4 or a standee window.; I hope this letter clarifies your questions concerning Standard Nos 217 and 205. Please contact us if we can be of any further assistance.; Yours truly, Richard B. Dyson, Assistant Chief Counsel