Interpretation ID: nht73-5.6

DATE: 07/31/73

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Wayne Transportation Division

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of June 21, 1973, requesting clarification of provisions of Motor Vehicle Safety Standard No. 217 dealing with the identification of emergency exits (S5.1.1). You ask whether this paragraph requires in the case of a 66-passenger school bus having a rear emergency exit which is not located in an occupant space, 66 separate labels, assumedly one for each designated seating position. You ask clarification as well for the identification requirements for emergency exits in a 44-passenger bus with one emergency exit in the rear, three push-out windows on one side of the bus, and two on the other, and with each of the five windows contained wholly in one occupant space. You appear to construe S5.5.1 to require a label for the occupant space of each designated seating position in the bus where a release mechanism is not present.

Your interpretation of the standard is not correct, and the requirements do not call for the extensive labeling you suggest. Paragraph S5.5.1 (second sentence) calls only for the placement of a label in occupant space of an adjacent seat, when that occupant space does not contain a release mechanism. Adjacent seats are defined in paragraph S4. of the standard as only those designated seating positions within a specified distance from an emergency exit. Thus, a label is required only when the occupant space of a passenger seat does not contain an emergency exit release mechanism and that seat is an adjacent seat as defined in the standard.

In the case of the school bus you describe, there do not appear to be any adjacent seats, and accordingly no emergency exit identification labeling is required in any occupant space. The only labeling required by S5.5.1 would be that required to appear at the exit itself. The same result would appear to be

true with respect to the side push-out windows of the 44-passenger bus you describe if the release mechanism for each push-out window is within the occupant space of the adjacent seat. As you did not indicate the configuration of the seating positions at the rear of this bus we cannot provide you an opinion on the identification requirements at that location.

June 21, 1973

Office of the Chief Council NHTSA

Regarding MVSS 217, Bus Window Retention and Release, please provide clarification of certain aspects as described below:

Paragraph S5.2.3 states that if a school bus contains any push-out windows or other emergency exits, these exists shall conform to S5.3 through S5.5. Most school buses are provided with a rear door which would be classified as an emergency exit and, therefore, under the terms of the standard, must comply with S5.3 through S5.5. If this is the intent of the standard, please supply clarification of S5.5.1.

The second sentence of S5.5.1 deals specifically with the release mechanism and was possibly intended to apply to an emergency exit which encompasses several occupant spaces - a configuration common to many intercity buses. However, if this standard is literally followed, at least two requirements develop which we feel were probably not intended.

First, paragraph S5.5.1 states, 'when a release mechanism is not located within an occupant space of an adjacent seat, a label meeting the requirements of S5.5.2 that indicates the location of the nearest release mechanism shall be placed within the occupant space." On a school bus with 3-3 seating, the release mechanism for the rear emergency exit is not located in an occupant space, and as a result of this, on a 66 passenger bus, 66 individual labels or decals indicating that the release mechanism is located in the rear of the bus would be required. In view of the controlled conditions under which children are transported, plus the fact that they are drilled and instructed in the use of such emergency exits, we feel this requirement would be unnecessary.

Another situation would be a bus with a capacity of 44 adults. The required emergency escape openings could be provided by the use of one emergency exit in the rear of the bus plus three push-out windows on one side of the bus and two push-out windows on the other side. Each of the five windows can be contained in one occupant space and would require, if S5.5.1 is followed to the letter, a whole range of labels to indicate the nearest release mechanism, such as:

Emergency exit instructions located next to:

Next seat behind;

Next seat ahead;

Second seat behind;

Second seat ahead;

Third seat behind; or

Third seat ahead; etc.

If the intent of the standard is as described above, we must make arrangements to procure materials for compliance with these requirements and in view of the imminent effectivity date, any clarification you can give would be appreciated.

WAYNE TRANSPORTATION DIVISION WAYNE CORPORATION

Ken J. Brown Director of Engineering