Interpretation ID: nht74-4.31

DATE: 03/15/74

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: New York State Department of Transportation

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of January 7, 1974, inquiring whether the words "emergency door" may be used in lieu of "emergency exit" under S5.5 of Motor Vehicle Safety Standard No. 217. You indicate that New York's regulations manual specifies the use of the words, "emergency door," and that a revised printing of the manual presently under way still contains this requirement.

While the NHTSA does not consider the phrase "emergency door" to be synonymous with emergency exit (we do not believe pushout windows or other non-door emergency exits are appropriately marked "emergency door"), we would not consider a bus to fail to conform to Standard No. 217 if its emergency doors were marked "emergency door." Emergency exists other than doors, however, must be marked emergency exit.

NHTSA standards apply only to vehicles manufactured after a standard's effective date. Standard No. 217 does not apply to buses in use that were manufactured before its effective date of September 1, 1973.

I point out that the provisions of the National Traffic and Motor Vehicle Safety Act dealing with preemption of State requirements (15 U.S.C. 1392(d)) prohibit New York from enforcing its requirement that emergency exits be marked "emergency door."

NEW YORK STATE DEPARTMENT OF TRANSPORTATION

January 7, 1974

Jerry Palisi Highway Traffic Safety Administration

Mr. John Murphy of this office informed me that he discussed with you our question concerning the use of the words "Emergency Door" in lieu of "Emergency Exit" as is apparently required by federal standards or regulations.

New York State has been requiring the use of words "Emergency Door" for many years now and it appears to us that it would be unreasonable to request a change in this regulation when considering the difference is only a matter of semantics. We feel quite certain that the use of the words "Emergency Door" will achieve the same result as the use of the words "Emergency Exit", and it is our suggestion that both expressions be permitted, if not on a permanent basis at least on a temporary basis until our rules are next amended.

We would appreciate whatever consideration you and your office can give to this request, as compliance at this particular time would create a considerable hardship. To illustrate, we have in circulation now between 4 and 5,000 copies of our current regulations and have already started the process of printing new regulations which will contain the words "Emergency Door". If the difference were significant, we would certainly consider changing our wording, but this is not the case and we would hope for some relief. Thanks for your help.

WILLIAM G. GALLOWAY, Director Traffic and Safety Division

By

MARTIN V. CHAUVIN, Chief Carrier Inspection Section

U.S. DEPARTMENT OF TRANSPORTATION

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

TO: Lawrence Schneider

Office of the Chief Counsel (N40-30)

FROM: Regional Administrator

Region II

DATE: January 11, 1974

In reply refer to:

0II-00.NHTSA

SUBJECT: Request for Exemption from or Modification to FMVSS

No. 217, "Bus Window Retention and Release"

The enclosed letter dated January 7, 1974, from Mr. Martin V. Chauvin, Chief, Carrier Inspection Section, New York State Department of Transportation, is a follow-up to a discussion with Mr. Guy Hunter, Office of Crashworthiness, M.V.P.

New York is questioning the requirements of Section S5.5 of the above Standard, specifically the designation, "Emergency Exit".

We would appreciate a direct response to New York and an informational copy to our office.

Jerome A. Palisi

Highway Safety Management Specialist

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