Interpretation ID: 2893o
F.E. Reynolds Associates
P.O. Box 703
Marysville, OH 43040
Dear Mr. Reynolds:
This is in response to your telephone conversation with Marvin Shaw of my staff, seeking a clarification of my June 16, 1988 letter concerning school bus mirrors under Highway Safety Program Guideline No. 17. Specifically, you asked about the meaning of the phrase, "area in front of the bus," as used in section S9.2(b) of Standard No. 111, Rearview Mirrors (49 CFR 571.111). In your telephone conversation, you stated that a NHTSA staff person told you in a previous telephone conversation that NHTSA had defined this phrase to mean "the area three feet in front of the bus." NHTSA has never so interpreted this phrase in Standard No. 111.
For your information, I am enclosing a June 20, 1980 letter to James Tydings that sets forth the agency's interpretation of S9.2(b) of Standard No. 111. This letter notes that the area of concern in S9.2(b) is the region in front of the bus where a driver is not able to see directly a school age child. As explained in the letter and an earlier notice (40 FR 33829, August 12, 1975), the purpose of a crossview mirror is to "address special problems of driver visibility associated with pupil transportation," and this type of mirror "allows the bus driver to see the area immediately in front of a stopped bus to be sure there are no children there before moving the bus." This letter then explains: "The agency used the word 'view' in its ordinary, dictionary sense to mean within the range of sight. Thus, most, but not literally all, of the front bumper must be visible to the driver by use of the crossview mirror to ensure that he or she can see children standing in front of the bus." This is still an accurate expression of the agency's interpretation of the purpose of a crossview mirror and this phrase.
In your telephone conversation, you also expressed concern about the "legal effect" of Standard No. 111. You should be aware of 108 (a)(1)(A) of the Safety Act which states that No person shall manufacturer for sale, sell, offer for sale, or introduce or deliver for introduction in interstate commerce, or import into the United States, any motor vehicle or item of motor vehicle equipment manufactured on or after the date any applicable Federal motor vehicle safety standard takes effect under this title unless it is in conformity with such standard except as provided in subsection (b) of this section.
I hope this information is useful. If you have any additional questions, or need further information on this subject, please feel free to contact Mr. Shaw at this address or by telephone at (202) 366-2992.
Sincerely,
Erika Z. Jones Chief Counsel
Enclosure
ref:111 d:8/26/88