Interpretation ID: 1983-3.33

TYPE: INTERPRETATION-NHTSA

DATE: 12/15/83

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: State of New Jersey Department of Transportation

TITLE: FMVSS INTERPRETATION

ATTACHMT: 8/18/83 letter from Frank Berndt to Champion Home Builders Co. (Std. 217)

TEXT:

Mr. Vincent L. Lobascio Senior Investigator, Motor Carriers State of New Jersey Department of Transportation Motor Carrier Inspection Box 10009 Newark, New Jersey 07101

Dear Mr. Lobascio:

This responds to your letter to Mr. Kratzke of my staff, in which you questioned a prior interpretation of Safety Standard No. 217, Bus Window Retention and Release (49 CFR S 571.217). You noted that you disagree with an August 18, 1983 interpretation addressed to Champion Home Builders, which stated that doors may be considered as emergency exits for the purposes of section S5.2.1, provided that those doors meet the requirements applicable to emergency exits. I have enclosed a copy of this interpretation for your information.

You stated in your letter that you agree that doors may be counted as emergency exits, but only if the requirements of S5.2.1.1 are met. In other words, the only time doors can be counted as emergency exits in your opinion is when a bus has at least one side door for every three designated seating positions. That statement reflects an incorrect interpretation of the requirements of section S5.2.

Section S5.2 of Standard No. 217 sets forth requirements for the provision of emergency exits in buses. Section S5.2.1 contains the requirements applicable to buses with a gross vehicle weight rating in excess of 10,000 pounds. This is the group of vehicles your letter addresses. Section S5.2.1 requires that all buses provide side exits and at least one rear exit (a roof exit may be substituted for the rear exit). S5.2.1 places no limit on the types of openings that may be used as exits. As noted in my August 18 interpretation, the agency has never stated that doors could not be counted as side exits, provided that they met all other requirements applicable to emergency exits. Section S5.2.1.1 allows, as an alternative to complying with the requirements for side exits and a rear exit, the exclusive use of side doors as emergency exits. Under section S5.2.1.1, buses may be equipped with one side door for every three designated seating positions. This section in no way limits the availability of side doors as side exits under section S5.2.1; it merely adds a special case for buses not equipped with a rear exit or roof exit.

You went on to state your opinion that a particular manufacturer's bus does not comply with the requirements of section S5.2, because the door designated as an emergency exit does not satisfy the requirements applicable to emergency exits. I am sure that you understand it is impossible for this agency to determine, based on photographs and a description of the bus, whether a bus certified as complying with those requirements in fact does not comply. Our enforcement personnel will specifically check one of these buses to ensure that they do comply with Standard No. 217.

I thank you for your efforts to ensure the safety of bus passengers, and hope that you will contact us again if you believe that some model of bus fails to comply with the requirements of a Federal standard. The cooperation of State officials is essential to this agency's efforts to improve safety on the public roads.

Sincerely,

Frank Berndt Chief Counsel Enc. 8/18/83 letter from Frank Berndt to John G. Sims (omitted here).

September 28, 1983

Mr. Stephen Kratzke Office of Chief Room 5219 400 7th Street S.W. Washington, D. C. 20590

Dear Mr. Kratzke:

This letter follows recent conversation with you and relates to the application and intent of Federal Motor Vehicle Safety Standard No. 217 regarding bus window retention and release. The objective of this correspondence is to bring about a clear interpretation of the subject standard which my agency, Motor Carrier Inspection of the New Jersey Department of Transportation, is committed to enforce.

It is understood that Arcola Bus Sales of East 15 Pleasant Avenue, Paramus, New Jersey 07652 has received an opinion from you which states that the front entrance door (s) can be included in meeting the requirements of S5.2. Please be reminded that the subject vehicles are all over 10,000 lbs. GVWR and accordingly all FMVSS-217 requirements apply except for S5.2.2, the latter section applicable to buses with a GVWR of 10,000 lbs. or less.

In my conversation with you on September 22, 1983, you stated that FMVSS-217 does not exclude doors with respect to meeting the emergency exit requirements of S5.2 and you further stated that no area of the requirements excludes doors on vehicles over 10,000 lbs. GVWR. I pointed out that I agreed with you that doors could be included, but that the requirements of S5.2.1.1 must be met, said requirement very clearly stating that a bus having a GVWR of more than 10,000 lbs. may satisfy the unobstructed opening requirements by providing at least one side door for each three passenger seating positions in the vehicle. The vehicles in question do not provide such an arrangement, but merely have one push-out window on each side, plus a right front entrance door of the "scissor type" having a lever assembly actuated by the driver and a "sedan type" door on the driver's side. The vehicles all have a GVWR of 11,000 lbs. or over. (Please refer to enclosed photographs showing the type vehicle and doors, etc.).

The two push-out windows on the subject vehicles (one on each side) measure 28 1/4" x 22 1/2", giving a total opening of 635.6 sq. in. Accountable area cannot exceed 536 sq. in. Seating ranges from 19 to 21 (or over), not including driver. S5.2 states designated seating positions". It does not state that the driver's seat is not a designated seating position). Computations with respect to 19 ro 20 seats indicate a 40% requirement for each side as being 509.20 sq. in. and 536 sq. in. respectively. Since no emergency exit can be credited for more than 536 sq. in. the subject vehicle requires more than the one emergency exit on each side, if seating is over 20.

The following sections of FMVSS-217 are respectfully brought to your attention along with the matters in dispute:

S5.2.1.1 as per Federal Register, Vol. 37, No. 173-Wed., Sept. 6, 1972 this section allows for doors to satisfy the requirements if at least one side door for each three passenger seating position is provided. This section does not state that a front entrance door, not adjacent to any seat will meet the requirements, this includes the driver's sedan type door. The section is explicit in it's intent and wording and is not meant for a bus of the subject type.

S5.2.2 applies to buses with a GVWR of 10,000 lbs. or less and allows doors (c) which may meet the unobstructed opening requirements of S5.2. The subject vehicles are all over 10,000 lbs. GVWR.

S5.3.1 relates to release mechanisms and areas of their locations. The front entrance door on subject vehicles have a lever actuated (by driver) mechanism and it is felt that FMVSS-217 is not intended to include such a mechanism as a release mechanism especially since any damage to same could render such mechanism inoperable and thus not allow the door to be readily opened for use as an emergency exit.

S5.3.2 relates to the window retention test and force applications (low and high force applications) allowing for the manual release of the exit by a single occupant and states the "push-out motion" of an emergency exit as being outward and perpendicular to the exit surface. The doors on the subject vehicle do not meet this requirement.

S5.4 states very explicitly the requirement regarding the emergency exit extension. This section clearly states that after the actuation of a release mechanism (S6) and before and after the retention test required (S5.1) and using the reach distances and force level factors stated (S5.3.2), the push-out window, or other emergency exit shall be manually extendable by a single occupant. The front entrance door, it is felt, does not meet this requirement. Further the requirements of S5.5.2 are not met by the front entrance door (s) in that markings are required (legible from stipulated areas). The aisle leading to the door is not occupied by passengers.

In summation, the following is presented for your review:

In the Federal Register, Vol. 37, No. 173, Wednesday, Sept. 6, 1972, International Harvester requested and was granted an exemption from requirements of S5.2.1 for its Stageway Coach Conversion because that vehicle provided at least one door for each three passenger spaces in the vehicle. Section S5.2.1 was amended to provide that buses having a GVWR of more than 10,000 lbs. may alternatively meet the unobstructed openings requirement by providing at least one door for each three passenger spaces provided. This was done because the vehicles in question are equipped with transverse seats having a door at each seat location. This is not the case in a bus. Nothing in the Federal Register refers to buses, unless the same requirement is not applicable to doors.

Furthermore, it is questionable whether a front entrance door can be readily opened in an emergency since there are other mechanisms involved which may prevent a passenger from doing so, thus defeating the intent of S5.3.1 and S5.3.2. In addition the front entrance door in the case in question, has not been proven to meet the requirements of S5.4 and S5.1, relative to emergency exit extension and retention test. S5.3.2 clearly explains the manual release of an emergency exit by a single occupant and that the emergency exit shall open outward and perpendicular to the exit surface and states the force applications. The front entrance door of the Vehicle in question has not been proven to meet this requirement.

The exemption given to International Harvester was explicit. The Vehicle in question does not fall into that category. I feel if NHTSA wishes to allow this it should first test the vehicle under the provisions of FMVSS-217 and ascertain that all sections therein are strictly adhered to. I do not feel that the vehicle (front entrance door) will meet the requirements. The exemption was not meant for buses, in the normal sense of the word, unless a door is provided for each three passenger seat spaces. The front entrance door of a bus is located forward of the passenger compartment, in most cases.

Inasmuch as the Motor Carrier Inspection Section of the New Jersey Department of Transportation is a regulatory body enforcing the safety regulations adopted, it is imperative that a complete clarification based on the "intent" of requirements be made. The safety of passengers with respect to emergency egress is a prime concern of our agency. It is respectfully requested that a thorough evaluation of FMVSS-217 be made as it pertains to the matter at hand and that we will receive an expeditious answer to this correspondence because of it's importance.

Thank you kindly for your cooperation in this matter.

Yours truly,

Vincent L. Labascio, Senior Investigator, Motor Carriers

cc: S. T. Messina, Supervisor, Motor Carriers

NOTE:

Please direct all correspondence to the below named office.

State of New Jersey Department of Transportation Motor Carrier Inspection Box 10009 Newark, New Jersey 07101