Interpretation ID: aiam3700
Western Bus Sales
Inc.
311 N.E. 2nd
Gresham
OR 97030;
Dear Mr. Fialka: Ms. Lauretta Carlson of our Regional Office in Seattle has forwarded t us a copy of a letter to you dated April 21, 1983, from the Motor Vehicles Division, Department of Transportation, Oregon, with reference to the 'Conspicuity Package' on school buses. Oregon appears not to approve the white reflectors in this package. Ms. Carlson has asked us to respond directly to you.; The portions of the conspicuity package that trouble Oregon are th eight white reflex reflectors on the rear (installed on the extreme edge of the vehicle to define its height and width), and the seven white reflex reflectors on each side (defining the overall length and height of the bus). The Oregon letter says that the laws of that State allow only red and yellow reflectors to the rear and sides of the vehicle and it finds 'no indication that the white reflex reflectors are approved by the federal code.'; Paragraph S4.1.3 of Federal Motor Vehicle Safety Standard No. 10 permits the installation as original equipment of other lamps and reflectors not specified by the standard provided that the additional equipment does not 'impair the effectiveness' of lighting equipment required by Standard No. 108. The agency therefore has no present basis for concluding that white reflectors 'impair the effectiveness' of red and yellow reflectors and lamps required by Standard No. 108. Thus, under Federal law, a school bus may be manufactured and sold with the white reflectors.; Further, use of white reflectors may aid safety. Although the Nationa Highway Traffic Safety Administration has not conducted research on improving the conspicuity of school buses, it has contracted for a study of that issue with respect to large vehicles of similar sizes such as trucks and tractor-trailer combinations. The preliminary results indicate that outlining the sides and rear of large vehicles with red and white reflex striping is the best way to improve conspicuity, verification awaits field tests which have not been scheduled to date. Use of white reflectors, while not as effective as red and white striping, probably enhances conspicuity.; The use of a bus with these reflectors, however, is subject to Orego law. Although under Federal law a State may not have a vehicle safety standard covering the same aspect of performance as a Federal vehicle safety standard unless it is identical to it, the white reflectors are not required by a Federal standard and are thus subject to regulation by any State in which the school bus is registered.; I hope that this letter provides a satisfactory clarification. Sincerely, Frank Berndt, Chief Counsel