Interpretation ID: nht89-2.54

TYPE: INTERPRETATION-NHTSA

DATE: AUGUST 2, 1989

FROM: FREDERICK H. DAMBACH -- PRESIDENT, EXECULINE

TO: STEPHEN P. WOOD -- ACTING CHIEF COUNSEL, NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 4-9-90 TO FREDERICK H. DAMBACH FROM STEPHEN P. WOOD; (A35; STD. 217) TEXT:

I appreciate your response to my letter dated July 10, 1989.

I must, in all respect, disagree with your decision. I must also ask you to reconsider, based on the following;

Your reply stated that my letter "indicated that if the roof mounted exits were counted as side exits, your buses would be in compliance with Standard 217." You go on to explain, and I quote from your reference to Standard 217, "At least 40 percent of t he total area required must be on the left side of the bus, and at least another 40 percent must be on the right side."

You go on to explain that a roof exit may not be counted because such an exit is not located on the side. Then you give an explanation of the term "side" as being that part of the bus which is perpendicular to the floor.

Well, you totally missed the boat on this one. You are reading words into my letter and into Standard 217 which are not written and do not exist.

In my letter, I never asked that a roof exit be considered a side exit as you stated in your letter. Nor does 217 require a roof exit to be considered a side exit for our buses to meet this spec.

Standard 217 simply and clearly states: "At least 40 percent of the total required unobstructed openings, computed in the above manner, shall be provided on each side of a bus".

Nowhere in 217 does it say "left or right side" as you stated in your letter! Nowhere in 217, or in title 393, does it even hint that the term "side" would mean "that part of a bus which is perpendicular to the floor". That is the definition for a "sid e wall", not each side of a bus.

If 217 actually stated, "left or right side wall" or "the side wall", your definition could then be correct, but 217 does not say, "left or right side wall" or "the side wall," it specifically states each side of a bus!

Again, you have read things into this spec. which are not there. This is what N.J. DOT did in reference to the push out windows, insisting that 217 specifically required push out windows, which it does not. I went around with them for five weeks, finall y calling the Governors Office before they correctly read the spec.

It is because of them that I am writing you concerning this situation, and now you are doing the same thing they did!

When Standard 217 says: "at least 40 percent of the total area of unobstructed openings shall be provided on each side of a bus, it is saying on each side of the center line of a bus, not on a "side wall".

To support this, I refer you to other sections of Title 393, of which Standard 217 is a small part.

They read as follows:

393.12 Lamps and reflectors, large buses and trucks.

b." On the rear, two tail lamps, one at each side; two stop lamps, one at each side; two turn signals, one at each side; two clearance lamps, one at each side; two reflectors, one at each side; three identification lamps, mounted on the vertical center line of the vehicle".

This section then refers the reader to a diagram to illustrate 393.12.(enclosed). The diagram shows each item in the above paragraph to be located left or right of the center line of a bus when they make reference to each side, not on the left "side wal l" or the right "side wall" as would be needed to support your definition of the term "side".

393.70 Coupling devices and towing methods, except for driveaway-towaway operations, says:

a. Tracking. "the path of a towed vehicle will not deviate more than three inches to either side of the path of the vehicle that tows it".

Using your definition of "side", an 8 foot wide bus being towed could deviate over 8 foot into on coming traffic before it was three inches to either side of the path of the vehicle that tows it. Again, they are talking about either side of the center l ine of a vehicle, not "side" as you described.

Paragraph (8) under the same section says, "the points of attachment on the towing vehicle shall be located equally distant from, and on opposite sides of, the center line of the towing vehicle".

This again supports the fact that each side of a bus, is each side of the center line, not the "side wall" as you have indicated.

393.78 Windshield wipers. (a): says, "Every bus, truck, and truck tractor, having a windshield, shall be equipped with at least two automatically-operating windshield wiper blades, one on each side of the center-line of the windshield". Again, supportin g the definition of "each side of a bus" being each side of the center line of a bus!

I could go on making other references to Title 393, but that would be

redundant. I've given you sufficient examples to support our position.

Please read the specifications without inserting your own words. Please read my letter without inserting your own words. I am then confident that you will agree with me.

As I've stated before, this fiasco has cost me thousands of dollars. We are a small company. We will never be able to recuperate the revenue already lost due to this situation, nor can we afford to lose anymore! Please work on this problem today! I nee d immediate relief!

Thank you for your consideration in this matter.