Interpretation ID: 1984-2.20
TYPE: INTERPRETATION-NHTSA
DATE: 07/05/84
FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA
TO: Thomas Built Buses Inc.
TITLE: FMVSS INTERPRETATION
TEXT:
Mr. Ron Marion Thomas Built Buses, Inc. P.O. Box 2450 1408 Courtesy Road
High Point, North Carolina 27261
Dear Mr. Marion:
This responds to your recent correspondence concerning Federal Motor Vehicle Safety Standard (FMVSS) No. 217, Bus Window Retention and Release. Your correspondence comprised two letters to this office. In your first letter, you asked two questions regarding the labeling requirements for emergency exits. Your second letter inquired into the provision of push-out windows in buses other than school buses.
Your first question concerns the labeling of emergency exits in non-school buses with GVWR of 10,000 pounds or less. Section 5.5.1 of the Standard requires labels for all emergency exits except for doors and roll-down windows.
The purpose of the emergency exit marking requirements of Standard No. 217 is to identify for occupants the location and use of specially-installed emergency exits. In the case of buses having a GVWR of 10,000 pounds or less, FMVSS No. 217 permits the emergency exit requirements to be met with the vehicle's doors and with windows which are manually operable to an open position that provides a specified area for egress. Standard roll-down windows generally meet these requirements. The agency has determined that the operation of standard roll-down windows and doors are generally familiar to persons who are old enough to read instructions. Thus there would be little justification for providing emergency exit markings for these exits. On the other hand, Section 5.5.1 provides that specially-installed emergency exits whose operation are not immediately obvious in such buses, such as push-out windows, are not exempted from the emergency exit identification requirement.
Your second question asked:
Would there be any labeling requirements for push-out windows, on a school bus with a GVWR of 10,000 pounds or less, if installed in addition to the requirements of S5.2.3.1 since these push-out windows are not required by this section?
The answer to your question depends on whether the additional windows are designed or constructed as emergency exits. Standard No. 217 does not require that every exit installed in a school bus beyond those required by S5.2.3.1 must comply with the requirements applicable to school bus exits. On the other hand, additional emergency exits in school buses, beyond those required by Standard No. 217, must comply with the emergency exit requirements applicable to exits in buses other than school buses if the exit is intended as an emergency exit. These additional exits would be required to be labeled in accordance with Sections 5.5.1 and 5.5.2 of the standard.
In your second letter to this agency you described a situation where school bus contractors utilize school buses as general transit vehicles on charter trips when the buses are not in use for school purposes. You asked, "Are these buses required to have push-out windows as mandated for non-school buses since they are manufactured and sold primarily as school buses?"
The answer to your question is no. The vehicles you described would have to comply with the Federal school bus safety standards if they are sold as school buses. Thus, these vehicles would only be subject to the standards applicable to school buses. Further, even though these vehicles are not subject to the safety standards applicable to vehicles other than school buses, I would note that Standard No. 217 does not mandate push-out windows to be used for emergency exits in non-school buses. The agency determined that devices such as panels and doors which meet the emergency exit requirements would be as effective as push-out windows for emergency egress. Sliding emergency exits must, of course, comply with all of the requirements of Standard No. 217. They must be capable of complying with the standard when the non-exit half of the window is either open or closed. Also, while the standard permits devices other than push-out windows to be used for emergency exits, the agency prefers the use of push-out emergency exits because they are less likely to "bind up" during a side impact than sliding emergency exits.
Sincerely,
Frank Berndt Chief Counsel
March 21, 1984
Mr. Frank Berndt, Chief Counsel National Highway Traffic Safety Administration 400 Seventh St., S.W. Washington, D.C. 20590
Dear Mr. Berndt,
I would like to request an interpretation of a particular situation which appears to be common among school bus contractors in various states.
Many contractors will purchase school buses to be used to transport students to and from school and school related events, during normal school hours. In the evenings and during the summer the contractors will cover the school bus signs and use these buses for charter trips for various groups.
My question is, are these buses required to have push-out windows as mandated for non-school buses since they are manufactured and sold primarily as school buses?
Thank you in advance for your assistance in clearing up this matter.
Sincerely,
THOMAS BUILT BUSES, INC.
RON MARION, Specification Engineer
RM/jm
Enclosure
cc: Ed Swain Bob Nelson - Wisconsin Dist.
March 19, 1984
Mr. Frank Berndt, Chief Counsel National Highway Traffic Safety Administration 400 Seventh Street, S.W. Washington, D.C. 20590
Dear Sir,
I would like to request interpretations of two areas of Federal Motor Vehicle Safety Standard 217.76, with regards to the labeling of Emergency exits.
1. FMVSS 217.76, part S5.5.1 appears to require the labeling of all emergency exits in non-school buses with the following exceptions:
A. Windows serving as emergency exits in accordance with S5.5.2.(b) (Push-out windows in buses with a GVWR of 10,000 lbs. or less.)
B. Doors in buses with a GVWR of 10,000 lbs. or less.
Would it, therefore, be correct to assume that a non-school bus 2 with a GVWR of 10,000 lbs. or less has no requirements as to the labeling of emergency exits?
2. Section 5.5.3 of FMVSS 217.76 requires that each school bus emergency exit provided in accordance with S5.2.3.1 be labeled in a specified manner.
A. Would there be any labeling requirements for pushout windows, on a school bus with a GVWR of 10,000 lbs. or less, if installed in addition to the requirements of S5.2.3.1 since these push-out windows are not required by this section?
Thank you for your assistance with these matters. Sincerely,
RON MARION, Specification Engineer
RM/jm