Interpretation ID: Ms Buley
Ms. Gloria M. Buley
President
Woodstock Safety Mirror Co., Inc.
253 Mountain Road
Shokan, NY 12481
Dear Ms. Buley:
This responds to your recent request for further clarification of our July 10, 2006, letter of interpretation regarding how applicable Federal regulations apply to your product, a school bus supplemental mirror system comprised of a forward-looking fold-out mirror with a stop signal device on the back that is intended to be mounted on the right side of the school bus. Specifically, pursuant to a March 8, 2007, teleconference and a subsequent March 10, 2007
e-mail, you sought clarification regarding the permissibility of installing a third school bus stop signal arm on the right side of a school bus, provided that two stop arms are already provided on the left side of the school bus. You also asked how one would test the vehicle in seeking to verify that this supplemental mirror/stop signal arm system does not take the vehicle out of compliance with applicable safety standards. As discussed in further detail below, a supplemental stop signal arm on the right side of a school bus is permissible under Federal law provided: (1) two compliant stop signal arms are already present on the left side of the bus; and (2) the additional, supplemental stop signal arm does not take the vehicle out of compliance with any applicable safety standards (e.g., Federal Motor Vehicle Safety Standard (FMVSS) No. 111, Rearview Mirrors). Assuming that your supplemental stop signal arm/mirror system retracts when the school bus door closes, a bus equipped with your device would be tested under paragraph S13, School Bus Mirror Test Procedures, of FMVSS No.111 with your supplemental stop signal arm in the retracted position.
The Authority of the National Highway Traffic Safety Administration
As we noted in our July 10, 2006, letter of interpretation, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue FMVSSs that set performance requirements for new motor vehicles and items of motor vehicle equipment. The agency does not provide approvals of motor vehicles or motor vehicle equipment. Instead, it is the responsibility of manufacturers to self-certify that their products comply with all applicable safety standards that are in effect on the date of manufacture, prior to their first sale to the public. NHTSA selects a sampling of new vehicles and equipment each year to determine their compliance with applicable FMVSSs. If our testing or examination reveals an apparent noncompliance, we may require the manufacturer to remedy the noncompliance, and may initiate an enforcement proceeding if necessary to ensure that the manufacturer takes appropriate action.
Compliance certification is a significant matter for affected manufacturers, because our statute (49 U.S.C. 30101 et seq.) prohibits any person from selling any new vehicle, including a school bus, that does not comply with all applicable Federal safety standards (see 49 U.S.C. 30112). Furthermore, after the first sale of the vehicle, manufacturers, distributors, dealers, and repair businesses are prohibited from knowingly making inoperative any device or element of design installed on or in a motor vehicle in compliance with an applicable FMVSS (see 49 U.S.C. 30122). In general, the make inoperative prohibition requires businesses that modify motor vehicles to ensure that they do not remove, disconnect, or degrade the performance of safety equipment installed in compliance with applicable standards. The make inoperative provision does not apply to owners modifying their own vehicles, but we urge owners not to degrade the safety of their vehicles.
Background
As we explained in our earlier letter, there are two primary Federal safety standards that have bearing on your product: (1) FMVSS No. 131, School Bus Pedestrian Safety Devices, and (2) FMVSS No. 111, Rearview Mirrors. Each will be discussed in turn below, followed by our response to your questions.
FMVSS No. 131
Each new school bus must be equipped with a stop signal arm meeting the requirements of FMVSS No. 131, School Bus Pedestrian Safety Devices. Stop signal arm is defined at S4 of FMVSS No. 131 as a device that can be extended outward from the side of a school bus to provide a signal to other motorists not to pass the bus because it has stopped to load or discharge passengers. Standard No. 131 requires the stop signal arm to be installed on the left side of the bus (S5.4). The standard also specifies that a second stop signal arm may be installed on a school bus. The second stop signal arm must be on the left side of the bus and must comply with certain requirements of the standard (S5.4.2).
We note that under paragraph S5.5, FMVSS No. 131 provides, The stop signal arm shall be automatically extended in such a manner that it complies with S5.4.1, at a minimum whenever the red signal lamps required by S5.1.4 of Standard No. 108 are activated; except that a device may be installed that prevents the automatic extension of a stop signal arm. However, FMVSS No. 131 does not specify a corresponding test procedure for operation (i.e., extension and retraction) of school bus stop signal arms.
FMVSS No. 111
The requirements for the performance and location of vehicle mirrors are contained in FMVSS No. 111, and provisions of particular relevance here include S9, Requirements for School Buses, and S13, School Bus Mirror Test Procedures. In short, each school bus is required to be equipped with two outside rearview mirror systems, System A and System B. System A requires at least one mirror of unit magnification of not less than 323 cm2 of reflective surface with stable supports on each side of the bus. These mirrors must provide, at the drivers eye location, a rearward view of specified test cylinders and that area of the ground at least 61 meters from the mirror surface.
System B mirrors are required to have no surface discontinuities, a projected area of at least 258 cm2, and to be affixed with stable supports. In addition, those mirrors must be located such that the distance from the center point of the eye location of a 25th percentile adult female seated in the drivers seat to the center of the mirror shall be at least 95 cm. System B mirrors must provide a view of the entire top surface of specified cylinders in the test procedures and also provide a view of the ground that overlaps with the view of the ground provided by the System A mirrors.
As shown in Figure 2 of the standard, the required mirror systems must provide a rearward view along the right side of the bus at least 3.6 m (12 ft.) perpendicular to the vehicle when measured from the centerline of the rear axle. The required mirror systems must also provide a rearward view along the left side of the bus at least 1.8 m (6 ft.) perpendicular to the vehicle when measured from the centerline of the rear axle. In summary, unless the cylinders can be viewed directly by the driver, the System A and System B mirrors must together provide a view of the entire top surface of all of the test cylinders depicted in Figure 2 of FMVSS No. 111.
When the agency conducts compliance testing under FMVSS No. 111, we follow paragraph S.13, School bus mirror test procedures. In relevant part here, subparagraph S13.8 provides, Make all observations and take all photographs with the service/entry door in the closed position and the stop signal arm(s) in the fully retracted position.
Your Specific Issues
Permissibility of a Third Stop Signal Arm
Taking the simpler issue first, we are first analyzing your product in light of FMVSS No. 131. Your device meets the definition of a stop signal arm, but it is designed to be installed on the right side of the bus. Because S5.4 and S5.4.2 specify only that the primary stop signal arm and any secondary stop signal arm must be on the left side, your device can be installed on the right side of the bus only if the device is a third stop signal arm. To further clarify, a supplemental stop signal arm on the right side of a school bus is permissible under Federal law provided: (1) two compliant stop signal arms are already present on the left side of the bus; and (2) the additional, supplemental stop signal arm does not take the vehicle out of compliance with any applicable safety standards (with FMVSS No. 111 being the most relevant).
In response to your other question, we are not aware of the details of any early State efforts related to stop signal arms testing. You may wish to contact State officials directly to seek further information.
Testing to Demonstrate that a Supplemental Stop Signal Arm Does Not Take the School Bus Out of Compliance with FMVSS No. 111
Based upon our analysis of the materials (including engineering diagrams) that you submitted previously, we believe that your system would provide supplemental mirrors, because it would not provide the requisite performance for required equipment. As noted above, your supplemental mirror system would be permissible, provided that it does not interfere with the performance of the mirrors required under FMVSS No. 111. In other words, your system may not be mounted in a way that would block the required System A or System B mirrors view, as this would prevent the driver from seeing all of the required test points under S13. It is with reference to the requirements specified above that your device is to be judged in terms of maintaining a school buss ongoing compliance with applicable safety standards.
As you point out, when conducting compliance testing, the agency would assess the school bus in a stationary position with its doors closed and stop signal arm(s) retracted. When students are being loaded onto the stopped bus, the doors will generally obstruct the field of view specified in Figure 2, during which time the stop arm will normally be extended. Once the doors are closed and the stop arm(s) is (are) retracted, school bus drivers are trained to look in their System A and System B mirrors to ensure that no children or vehicles are approaching the bus before it moves into traffic. So provided that your supplemental stop signal arm/mirror system retracts when the school bus door closes, a bus equipped with your device would be tested with your supplemental stop signal arm in the retracted position.
We understand from speaking with you that you have hired at least one testing corporation to conduct school bus testing with your product installed in order to demonstrate that your companys mirror system would neither make inoperative nor diminish the performance of any other mirrors or safety devices currently required on school buses. It would be appropriate to conduct such testing under the procedures specified in S13 of FMVSS No. 111, although the intent would be to demonstrate the vehicles ongoing compliance with supplemental equipment, rather than demonstrating the compliance of required equipment. One specific goal of such testing would be to provide confirmation that when installed and in the retracted position, your device does not obstruct the view of cylinder N, which is located only one foot from the right side of the bus.
In summary, assuming that it is possible to maintain compliance with the applicable requirements of FMVSS No. 111, we believe that your supplemental stop signal arm/mirror system would be permissible as a third stop signal arm. However, we cannot independently confirm that statement, because it is not possible for us to assess your device when mounted on the large variety of current school bus designs.
We would also point out that the Federal requirements are only the first step on the journey of bringing a piece of motor vehicle equipment to market. State governments also regulate school buses. Different States may have varying requirements (and prohibitions) regarding equipment on school buses operated in their jurisdictions. Such State requirements are generally permissible, so long as they do not conflict with relevant Federal standards (being thereby preempted). We cannot advise you as to State law. Accordingly, you may wish to consult with relevant State officials regarding applicable requirements prior to marketing your product in that State.
I hope this information is helpful. Congressman Maurice D. Hinchey has contacted us on your behalf, so we will be sending him a copy of this response. If you have any further questions, please feel free to contact Eric Stas or Dorothy Nakama of my staff at (202) 366-2992.
Sincerely yours,
Anthony M. Cooke
Chief Counsel
cc: The Honorable Maurice D. Hinchey
ref:111
d.3/26/07