Interpretation ID: nht89-2.30

TYPE: INTERPRETATION-NHTSA

DATE: 07/10/89

FROM: FREDERICK H. DAMBACH -- EXECULINE

TO: NHTSA OFFICE OF CHIEF COUNSEL

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 07/26/89 FROM STEPHEN P. WOOD -- NHTSA TO FREDERICK H. DAMBACH; REDBOOK A33; STANDARD 217

TEXT: Dear Sirs:

Over a month ago, we purchased two 1985 Van Hool buses from an operating bus company in Florida. These vehicles have been operating for hire for the past three years.

When we brought the vehicles back to New Jersey, we were given a very difficult time by the N.J. Department of Transportation about the emergency exits on the bus.

N.J. DOT was incorrectly reading specification #571.217 and insisting that we needed push out windows to meet the emergency exit requirements. After speaking with Jeff Jiuseppe from the Office of Vehicle Safety Compliance, N.J. DOT finally agreed that w e did not need push out windows, and the existing emergency doors would meet the spec.

Now N.J. DOT is saying that although they will accept the doors to meet the requirements, they do not meet the total square inch requirement as outlined in 217.

It is my interpretation of 217 that we do meet the square inch requirements for emergency exits.

Paragraph S5.2, "Provision of emergency exits" (copy attached), explains the square inch requirements.

Our problem is when the spec. limits an opening to 536 sq. inches.

Our buses are 51 passenger capacity. We have over 9000 sq. inches between four exit doors. We have four roof hatches with over 960 sq. inches each. We have over 12,800 sq. inches of total exit space, only 3417 sq. inches are required by 217.

N.J. DOT will only credit us with 1064 sq. inches per side, saying we need a total of 1366.8 per side. They will only count the exit doors, giving no credit for the roof hatches, saying that they are not on the side. We need an interpretation of the de finition of "SIDE" as used in 217.

According to Websters New World Dictionary (page attached), side means "the right or left half, as of the body".

It is my contention, when 217 says 40% of the total required area of unobstructed openings shall be provided on each side of a bus, they are saying each half of a bus. In other words, if you split the bus body down the middle, 40% would have to be on ea ch side. You would then have to split the area for the roof hatches and credit half to each side.

Under this interpretation, we easily exceed the number of sq. inches required by 217.

We need a ruling on this interpretation immediately, in writing, and sent to Vincent Shultz, Supervisor, N.J. DOT, FAX #201-648-6912.

Please do not delay this request.

These two buses are half of my fleet. We have already been going around with N.J. DOT on this for over a month. As a result, we cannot operate the buses and it is costing me a fortune. I can not survive much longer without getting these buses on the r oad.

If you have any questions, please call me at the above number.

Thank you for your cooperation in this matter.

Sincerely,

S5.2 Provision of emergency exits. Buses other than schoolbuses shall provide unobstructed openings for emergency exit which collectively amount, in total square inches, to at least 67 times the number of designated seating positions on the bus. At least 40 percent of the total required area of unobstructed openings, computed in the above manner, shall be provided on each side of a bus. However, in determining the total unobstructed openings provided by a bus, no emergency exit, regardless of its area, shall be credited with more than 536 square inches of the total area requirement. School buses shall provide openings for emergency exits that conform to S5.2.3.