Interpretation ID: nht94-8.16

DATE: February 14, 1994

FROM: Richard Kreutziger -- Executive Director, New York State Business Distributor Ass'n, Inc.

TO: Walter Myers -- Attorney Advisor, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 3/28/94 from John Womack to Richard Kreutziger (Std. 217; USA 103(d)); Also attached to letter dated 2/20/87 from Erika Z. Jones to Martin V. Chauvin

TEXT:

I am following up on the fax that I sent to you dated January 12, 1994.

As of this date - I have not received a response, to the question that was raised during our verbal conversation, and which I requested a formal written response in the aforementioned fax.

Will greatly appreciate your follow-up with the written formal response.

Another question has developed pertaining to the implementation of FMVSS 217 (amended). New York State school bus regulations - Chapter VI transportation regulations - article 3 safety part 721 requires two side emergency doors on vehicles of greater than 67 pupil capacity. New York State also - in the past has required the side emergency doors to be "to the rear of center of the passenger compartment?" - they have just recently amended their regulations to conform t the FMVSS as to location "as near center of passenger compartment" - and have also in my reading have required both the left and right side emergency doors in center - BUT not in the same body section. The question is raised by some of the manufacturers/distributors - can the right side emergency door be located to the rear of the passenger compartment?

TEXT OF RICHARD KREUTZIGER'S 1/12/94 FAX TO WALTER MYERS:

In a follow-up to our morning phone conversation of this date, I hereby formally request a written response (preferably by fax) to the point of discussion in reference to the ability of any individual state agency to require that an entity other than a political sub-division of the state (such as a school district) had only to meet the requirements/standards/regulations of NHTSA and not added individual state regulations, even if such regulations exceed the federal standards.

Example: "ABC" Central School - is required in their purchase of a school bus to transport students to and from home to school - and/or to transport students to school sponsored events - such vehicle must meet the prescribed FMVSS and to further meet the individual state regulations that exceed the FMVSS.

"XYZ" Bus Company - has a contract with "DEF" school district to transport the school pupils of the district to and from home to school, and/or school sponsored events. Because this entity is not a political sub-division the

state enforcement agency relating to school bus regulations can not mandate that this private enterprise meet the state regulations that exceed the FMVSS - the only requirements for this private entity and their school buses are those that are mandated by FMVSS.

I hope my interpretation of our phone conversation, reflects your