Interpretation ID: 77-2.14

TYPE: INTERPRETATION-NHTSA

DATE: 04/18/77

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Blue Bird Body Company

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of March 29, 1977, asking two questions about the use of strobe lamps on school buses.

Your first question is whether it is "legal to install strobe type warning lamps on school buses?" The answer is yes provided such lamps meet the specific performance requirements in S4.1.4 which incorporates SAE Standard J887 "School Bus Red Signal Lamps."

You also reference "certification from our vendor . . . that his system meets FMVSS if installed according to his instructions." You have asked if this letter from your vendor is "adequate documentation upon which we could certify that a bus with such a system meets FMVSS 108?" In an earlier opinion letter on this subject (to Yankee Metal Products Corporation of April 12, 1976) we opined that an ETL test report submitted by the company plus an opinion by a professional engineer indicating compliance of a strobe lamp design with SAE J887 provided a basis upon which Yankee could certify that its system meets Standard No. 108. Since you did not enclose the letter from your vendor we cannot comment upon it. However the National Traffic and Motor Vehicle Safety Act requires that a manufacturer exercise due care in insuring that its certification is not false and misleading in a material respect, and you should exercise the same care in this instance that you do with respect to insuring compliance of other items of lighting devices with which your buses are equipped.

YOURS TRULY,

BLUE BIRD BODY COMPANY

March 29, 1977

Frank Berndt Chief Counsel National Highway Traffic Safety Administration

SUBJECT: FMVSS 108

REFERENCE: 1. New Jersey Register, January 6, 1977

2. Letter, Donald J. Sumple to Mr. Donald Peck dated 3-25-77

"On December 1, 1976, Fred G. Burke, Commissioner of Education and Secretary to the Board of Education, pursuant to authority of N.J.S.A. 18A:39-21 and in accordance with applicable provisions of the Administrative Procedure Act, adopted a new rule, to be cited as N.J.A.C. 6:21-19.1, concerning school bus warning lamps (strobe), substantially as proposed in the Notice published October 7, 1976, at 8 N.J.R. 454(a), but with subsequent, substantive changes not detrimental to the public, in the opinion of the Department of Education.

This rule is mandated for school buses manufactured May 1, 1977, and thereafter. This rule is permissive for school buses manufactured prior to May 1, 1977."

The above quote from reference 1 indicates that strobe type warning lamps are required on New Jersey school buses manufactured after May 1, 1977.

We have worked with several vendors to get a system to meet both the New Jersey requirements and FMVSS 108. We have no test facility of our own to determine compliance of such a system with FMVSS 108 and, furthermore, understand that there is some ambiguity of FMVSS 108 with regard to strobe lamps.

We have received certification from our vendor, reference 2, that his system meets FMVSS 108 if installed according to his instructions.

We have these questions:

1. Is it legal to install strobe type warning lamps on school buses?

2. If so, is reference 2 adequate documentation upon which we could certify that a bus with such a system meets FMVSS 108?

Your early response is needed so that we can adequately meet May 1 production requirements for New Jersey.

Thank you.

W. G. Milby Manager, Engineering Services

C: DON PECK; JIM MOORMAN; JIM SWIFT