Interpretation ID: aiam3377
Wisconsin State Patrol
District No. 1
Junction I-90 & Hwy. 151
4845 E. Washington Avenue
Madison
WI 53704;
Dear Mr. Wonders: This responds to your October 28, 1980, letter asking whether Standar No. 217, *Bus Window Retention and Release*, requires that there be an aisle to provide access to a side exit. The answer to your question is no.; Standard No. 217 states that side emergency exits on school buses mus have an opening of 45 by 24 inches. The standard further states that a vertical transverse plane tangent to the rear most point of a seat back shall pass through the forward edge of the emergency exit. These requirements mean only that the size of the opening must be 45 by 24 inches, and that the opening must be located in a specific place with reference to the seat back.; The Federal government does not require an aisle or other access to side emergency exit. Although some seats may partially block a side emergency exit, it can still be used for emergency exit purposes and is supplementary to a rear emergency exit. The agency adopted this approach to side emergency exits as a balance between the desire for additional exits in school buses and the need to maintain the fullest possible seating in school buses as well as the proper seat spacing.; A State is permitted to require an aisle leading to the side exit i the State determines that this is an area that it would like to regulate. Such a regulation would not be preempted, because the Federal government does not regulate the placement of aisles in buses. However, the required seat spacing would need to be retained. This means that the seat behind the aisle leading to a side emergency exit would need to have a restraining barrier placed in front of it. The net effect of the aisle and the restraining barrier could be a substantial loss of seating capacity.; Sincerely, Frank Berndt, Chief Counsel