Interpretation ID: nht73-5.35

DATE: 10/31/73

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Sheller-Globe Corporation

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of October 11, 1973, requesting that Motor Vehicle Safety Standard No. 217, "Bus Window Retention and Release," be amended to include buses of the same design as school buses within the exemption from the emergency exit requirements specified for "school buses" in S5.2.3 of the standard.

The NHTSA takes the position that buses of the same design as buses specifically designed as school buses, regardless of their intended use, are school buses for purposes of Standard No. 217. They are, therefore, exempt from the emergency exit requirements of the standard as specified in S5.2.3. No amendment of the standard is necessary.

SHELLER-GLOBE CORPORATION

October 11, 1973

Mr. Richard B. Dyson Assistant Chief Counsel U.S. Department of Transportation

Reference: Federal Motor Vehicle Safety Standard - 217 - Bus Window Retention & Release

Sheller-Globe Corporation Divisions in Lima, Ohio and Kosciusko, Mississippi, manufacturers of school bus bodies, respectfully petitions the Department of Transportation for a revision in the wording of reference standard, specifically Paragraph S5.2.3 - School Buses.

We petition that the wording in this paragraph be modified to read as follows:

"The emergency exit requirements do not apply to school buses or buses of like design, such as Activity Buses, adapted for use for other than transportation of children to and from school, but if such buses do contain any push-out windows or other emergency exits, these exits shall conform to Paragraphs S5.3 through S.5.5".

This petition is based on the fact that as body manufacturers do offer our base body design for other uses, i.e., Activity Buses for Church Organizations, YMCA Groups, Boy Scout Troops, Community Charity Organizations, etc. The Activity Buses as referred to are constructed of the same base design as what is termed a school bus. The Activity Buses may vary as to color and may be without specific school bus safety warning systems.

Presently the referenced standard, as worded, is a double standard in that it states the standard applies not to school buses but to those same buses if used for reasons other than the transportation of children to and from school. It is of our strong opinion that the standard should apply to neither school buses or buses of like design used by other organizations or that the standard should apply to all buses to include school buses.

We respectfully request your expeditious ruling on this petition. If additional information is required in support of this petition, please advise.

Respectfully,

George R. Semark Safety Engineer - Vehicles Planning & Development Center