Interpretation ID: nht90-1.94

TYPE: Interpretation-NHTSA

DATE: March 30, 1990

FROM: Malcolm B. Mathieson -- Vice President,Engineering, Thomas Built Buses, Inc.

TO: Michael F. Trentacoste -- Director, Office of Motor Carrier Standards, Federal Highway Administration

TITLE: None

ATTACHMT: Attached to letter dated 8-8-89 from M.F. Trentacoste to K. Finkel; Also attached to letter dated 9-29-77 from J.J. Levin, Jr. to M.B. Mathieson; Also attached to letter dated 7-5-84 from F. Berndt to R. Marion; Also attached to letter dated 3- 23-90 from A.H. Brett to M.B. Mathieson; Also attached to letter dated 12-3-90 from P.J. Rice to M.B. Mathieson (A36; Std. 217); Also attached to letter dated 3-26-90 from M.B. Mathieson to E.Z. Jones (OCC 4598)

TEXT:

Thomas Built Buses, Inc. has recently received a copy of your letter of August 8, 1989, to Ms. Karen Finkel, Executive Director of the National School Transportation Association, Springfield, Virginia. Thomas is vitally concerned with the opinion you ha ve expressed in your letter regarding the requirements for school buses that, by definition are engaged in "interstate commerce", to comply with the non-school bus requirements for emergency exits as specified in FMVSS No. 217, (571.217), as released on September 1, 1973.

Our concern is rooted in the fact that because of the special requirements of school bus seating, it is patently impossible, in many critical applications, to comply with these requirements.

As you are aware, the NHTSA has revised FMVSS 217 subsequent to the September 1973 issue date. We refer primarily to the revisions made effective October 26, 1976 and February 10, 1982. You are probably not aware of two letters of interpretation receiv ed by Thomas Built Buses, Inc. from the Office of Chief Counsel of NHTSA in 1977 and 1984, as well as recent interpretations received from the legal staff of Womble, Carlyle, Sandridge et.al., all of which Thomas believes are in disagreement with the opi nion expressed in your letter of August 8, 1989 to Ms. Finkel. We present for your consideration the following items:

1. Prior to the revisions to FMVSS 217 (571.217) by the NHTSA in 1976 and 1982, the language of FMCSR 393.61(b) (2) requiring that "a bus, including a school bus....must conform with NHTSA's 571.217"....left no alternative but that the schoo l bus "engaged in interstate commerce" would have to meet the non-school bus requirements since, because of the exclusion of school buses by NHTSA from these requirements, only non-school bus requirements were spelled out. The 1976 and 1982 Revisions to FMVSS 217 by NHTSA removed the exclusion for school buses spelled out in the September, 1973 version of FMVSS 217 and added specific emergency exit requirements for school buses of all classes.

Currently, with no revisions to the language of section 393.61(b) (2), the reference of 393.61(b) (2) to 571.217 now points the school bus user to the school bus requirements, and not to the non-school bus requirements.

2. In response to questions from Thomas Built Buses, Inc. to the NHTSA re application of FMVSS 217 to school buses, the NHTSA Chief Counsel (Mr. J. J. Levine, Jr., NOA-30, September 29, 1977) verified that paragraph S5.2 containing the requirements for buses other than school buses does indeed apply only to non-school buses. A copy of this letter is attached.

3. In response to questions from Thomas Built Buses, Inc. to the NHTSA, again re applications of FMVSS 217 to school buses, the NHTSA Chief Counsel (Mr. Frank Berndt, letter to Mr. Ron Marion dated July 5, 1984) verified that even in the cas e of school buses that are also used for "charter buses or general transit vehicles", these buses do not need to meet the requirements of FMVSS 217 for non-school buses. A copy of this letter is attached.

4. In a separate review of the facts of this matter by the legal firm of Womble, Carlyle, Sandridge & Rice, Winston-Salem, N.C., Thomas Built Buses, Inc. has been advised that in their opinion, school buses are not required, in any instance of usage or travel, to comply with the non-school bus requirements of FMVSS 217. A copy of this letter is attached.

Mr. Trentacoste, in light of the information submitted herein, Thomas Built Buses, Inc. respectfully requests that your office review and revise your letter of August 8, 1989 to Ms. Finkel to bring it into agreement with these interpretations.

We appreciate your taking the time to review this material, and look forward to hearing from your office on this matter.