Interpretation ID: 77-2.12

TYPE: INTERPRETATION-NHTSA

DATE: 04/18/77

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: General Motors Corporation

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your February 16, 1977, question whether Safety Standard No. 105-75, Hydraulic Brake Systems, preempts the parking brake requirements specified in New York's school bus brake system regulations.

Safety Standard No. 105-75 (49 CFR 571.105-75) becomes effective April 1, 1977, for school buses and establishes requirements for the service and parking brake systems on these vehicles. The standard includes a static test requirement for parking brake systems (grade-holding capability) and a dynamic test requirement for service brake systems (emergency stopping capability). The New York brake system regulations include a static test requirement and also a dynamic test requirement for parking brake systems. You ask whether Standard No. 105-75 is preemptive of New York's dynamic test requirement for parking brakes.

Section 103(d) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. @ 1392(d)) provides that no State or political subdivisions of a State may promulgate or continue in effect standards applicable to an aspect of motor vehicle or motor vehicle equipment performance which is covered by a Federal motor vehicle safety standard, unless the standards are identical.

As noted, Standard No. 105-75 includes requirements for the parking brake control aspect of braking performance. The Federal requirements must be regarded as conclusive with regard to this aspect of performance in order to maintain the uniformity necessary in a Federal regulatory scheme. It is the agency's opinion, therefore, that Standard No. 105-75 is preemptive of the nonidentical aspects of New York's school bus parking brake requirements.

However, the second sentence of @ 103(d) clarifies that the limitation on State safety regulations of general applicability does not preempt governmental entities from specifying additional safety features in vehicles purchased for their own use if such requirements impose a higher standard of performance. Thus, the State of New York may specify these additional parking brake requirements for public school buses. The second sentence of @ 103(d) does not permit governmental entities to specify safety features that prevent the vehicle or equipment from complying with applicable safety standards. A school bus manufacturer must continue to comply with all aspects of Standard No. 105-75. A school bus manufacturer, therefore, would have to meet the force requirements specified in Standard No. 105-75 for engagement of the parking brake, even for school buses intended for New York's own use.