Interpretation ID: nht76-4.38

DATE: 02/25/76

FROM: AUTHOR UNAVAILABLE; R. B. Dyson; NHTSA

TO: State of Connecticut

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letters of June 24, 1975, and May 30, 1975, regarding Federal Motor Vehicle Safety Standards Nos. 217 and 205. Please excuse our delay in answering your questions.

In your letter of June 24, 1975, you asked whether Standard No. 217 applies to school buses, and if so, whether Connecticut's regulations concerning emergency exits for school buses are in conflict with the Federal standard. By notice published in the Federal Register on January 27, 1976 (41 FR 3871) Federal Motor Vehicle Safety Standard No. 217, Bus Window Retention and Release, 49 CFR 571.217, was amended to specify requirements for emergency doors for school buses, pursuant to the provisions of Section 202 of the Motor Vehicle and Safety Amendments of 1974 (Pub. L. 93-492, 88 Stat. 1484, 15 U.S.C. 1392).

Since Standard No. 217, as amended, applies to school buses, effective October 26, 1976, any State regulations which differ are voided by @ 103(d) of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1392(d)). The Connecticut regulations are, therefore, preempted by Standard No. 217, since @ 103(d) requires the State regulations to be "identical" to the Federal standard.

It should be noted, however, that while the State of Connecticut may not issue a regulation which differs from similarly applicable Federal Motor Vehicle Safety Standard requirements, Connecticut (or any of its political subdivisions) may in its own contracts for school bus purchases require more stringent specifications, as long as the Federal minimum requirements are met.

In your letter of May 30, 1975, you asked whether Lucite AR and other similar rigid plastics are allowed for use as side windows of buses under Standard No. 205, even though S5.1.2.1 does not list the use for "Item 12" rigid plastics.

"Item 12" is a classification created by the NHTSA for rigid plastics which comply with all the tests required of "Item 5" rigid plastics as defined in ANS Z26, with the exception of the test for resistance to undiluted denatured alcohol. Paragraph S5.1.2.1, Item 12 - Rigid plastics, provides that "Item 5" safety plastic materials may be used in motor vehicles only in the locations specified, at levels not requisite for driving visibility. These locations include "Standee windows in buses" and "readily removable windows". However, there is no provision in S5.1.2.1 which allows the use of "Item 12" plastic materials for fixed, side windows in buses.

Standard No. 205 defines readily removable windows in buses having a GVWR of more than 10,000 pounds to include pushout windows and windows mounted in emergency exits that can be manually pushed out of their location in the vehicle without the use of tools, whether or not one side remains hinged to the vehicle. Rigid plastics can only be used for side windows in buses if the side window is a readily removable window as defined by S5.1.1.4 or a standee window.

I hope this letter clarifies your questions concerning Standard Nos. 217 and 205. Please contact us if we can be of any further assistance.

YOURS TRULY,

STATE OF CONNECTICUT DEPARTMENT OF MOTOR VEHICLES

June 24, 1975

Richard Dyson Assistant Chief Counsel U.S. Department of Transportation National Highway Traffic Safety Administration

This is in regard to your recent reply to Mr. W. G. Milby, Staff Engineer from the Blue Bird Body Company in Fort Valley, Georgia concerning Connecticut regulations for emergency exits on school buses.

I have no question with the response that State regulations must be identical to Federal standard or are considered void. I can understand the reasoning behind this decision and agree with it completely. The interpretation I would have is; Does Motor Vehicle Safety Standard #217 apply to school buses, and if it does; are Connecticut regulations concerning emergency doors and emergency windows in conflict with Motor Vehicle Safety Standard #217?

I am attaching for your information copies of those sections of Connecticut regulations concerning emergency exits from the "MINIMUM REQUIREMENTS FOR TYPE I SCHOOL BUS CONSTRUCTION AND EQUIPMENT and all correspondence pertaining to this subject.

Thank you for your cooperation and assistance in this regard.

John L. O'Connell Pupil Transportation Administrator

ATTACHMENTS

BLUE BIRD BODY COMPANY

May 19, 1975

Richard Dyson Assistant Chief Counsel U.S. Department of Transportation NHTSA

The State of Connecticut recently adopted new school bus specifications which will become effective on school buses manufactured after January 1, 1976. In two areas these specifications are more restrictive than FMVSS 217 Bus Window Retention and Release.

In section 14-275B-16 (d) and 14-275B-17 (a), (see attached copies), the Connecticut specifications call for emergency exit release forces of between 5 and 15 pounds and 5 and 20 pounds respectively. Since these forces are different than those required by FMVSS 217, this imposes an additional constraint on school bus manufacturers for that state. Also, we are concerned that latch forces as low as 5 pounds could result in inadvertent opening of emergency exits.

We are in receipt of a copy of a letter which you sent to Mr. Donald L. Gibson, dated November 29, 1974, with file reference N40-30 (KK). In that letter you state:

"The federal requirements must be regarded as conclusive with regard to parking brake performance and emergency braking capability in order to maintain the uniformity necessary in a federal regulatory scheme. If states were permitted to impose additional requirements in an area regulated by a federal safety standard, manufacturers would be confronted with an impossible task of compliance. This reasoning formed the basis of the recent decision rendered in a case brought by the Motorcycle Industry Council, Inc., against the State of California in the United States District Court for the Eastern District of California concerning the preemption of a California State requirement that motorcycle lamps be wired to operate when the engine is running. The court held that the California requirement is preempted by the Federal Motor Vehicle Standard 108 since the NHTSA intended to cover all aspects of performance directly involving motorcycle headlamps."

It appears to us that this current conflict between the new Connecticut regulations and FMVSS 217 is similar to the matter which you addressed in your letter quoted above.

In the light of such conflicting specifications, what is our responsibility as a school bus manufacturer.

W. G. Milby Staff Manager

cc: JOHN O'CONNELL; DAVE PHELPS

MINIMUM REQUIREMENTS FOR TYPE I SCHOOL BUS CONSTRUCTION AND EQUIPMENT PAGES 9 AND 10 the release mechanism should be turned to open the emergency door shall be painted on the outside of the emergency door in black on the national school bus yellow background. The emergency door shall have a horizontal opening of at least 30 inches and a vertical opening of at least 48 inches measured from the floor level. No steps shall lead to the emergency door. The emergency door or exit shall be devised so as to be opened from the inside and the outside.

(b) The passage to the emergency door shall be kept clear of obstructions. For rear doors the horizontal clearance of 30 inches shall be maintained for a distance of at least twelve inches inside the bus. When the emergency door is in the left side, a minimum horizontal clearance of 30 inches and a vertical clearance of 48 inches shall be maintained between it and the center aisle.

(c) The upper and lower portion of the central rear emergency door shall be equipped with approved safety glass, the exposed area of which shall be not less than four hundred (400) square inches in the upper portion and not less than three hundred (300) square inches in the lower portion. The left side emergency door shall be equipped with safety glass in the upper portion and the lower portion shall be of at least the same gauge metal as the body outer panels. The emergency door shall be hinged on the right side if it is in the rear end of the bus and on the front side if it is in the left side and shall open only outward. Control from the driver's seat shall not be permitted.

(d) The emergency door shall be equipped with a slide-bar, cam-operated latch which shall be a minimum stroke of one inch. The latch shall be equipped with a suitable electric plunger-type switch connected with a distinctive audible signal automatically operated and located in the driver's compartment which shall clearly indicate the unlatching of this door and no cutoff switch shall be installed in the circuit. The switch shall be enclosed in a metal case, and wires leading from the switch shall be concealed in the body. The switch shall be so installed that the plunger contacts the farthest edge of the slide bar in such a manner that any movement of the slide bar will immediately close the circuit and activate the signal. The door latch shall be equipped with an interial handle which shall be capable of quick release upon application of a force between 5 and 15 pounds but shall be protected against accidental release. It shall lift up to release the latch. The outside handle shall be installed in a vertical position when latched so as to minimize hitching and shall be a non-detachable device.

(e) An audio alarm shall indicate to the driver when any door is in the locked position while the ignition switch is in the "on" position.

Sec. 14-275b-17. Emergency Windows. (a) A rear emergency window at least 16 inches height and as wide as practicable shall be provided in any where the emergency door is not in the rear. The rear window shall be designed so as to be opened from either the inside the outside. It shall be hinged at the top and be equipped a linkage or mechanism that will automatically hold the (Illegible Word) window against the force of gravity at a hinge opening angle 60 + 5 degrees measured from the closed window position. Such linkage or mechanism shall not prevent the window from (Illegible Word) a full 90 degrees due to gravitational forces should the bus be inverted. A positive latch on the inside shall provide (Illegible Word) quick release upon application of a force between 5 and 20 pounds but offer protection against accidental release. The outside handle shall be non-detachable and designed to minimize hitching.

(b) Labeling shall indicate in 1/2 inch letters on the inside the window operates and in letters at least two inches in height the words "Emergency Exit" above on the inside and directly below on the outside. clearly indicate to the driver the unlatching of the rear emergency window or the opening of any push-out emergency windows and no cutoff switch shall be installed in the (Illegible Word)

(d) If there is a space between the top of the rear divan seat the inside lower edge of the rear emergency window, such space shall be covered by a material of sufficient strength to sustain 600 pounds weight.

Sec. 14-275b-18. Exhaust System and Muffler. The exhaust system shall include the exhaust manifold and gaskets, piping leading from the flange of the exhaust manifold to and including the muffler(s). The system shall not extend into the body and shall be attached to the chassis. The tail pipe(s) shall be non-flexible sixteen gauge steel or equivalent and shall extend beyond the rear end of the chassis frame but not beyond the rear limit of the bumper. The complete exhaust system shall be tight and free from leaks and shall be properly insulated from the electrical wiring or any combustible part of the bus. It shall not pass within twelve inches of the fuel tank or its connections except that the exhaust system may come within four inches of the tank or its connections if a suitable heat baffle is installed between the exhaust system and such tank or connections. The size of the in the exhaust system shall not be reduced below that at the engine manifold.

BLUE BIRD BODY COMPANY

June 10, 1975

John O'Connell Pupil Transportation Adm. Department of Motor Vehicles

On May 19, 1975, I wrote Mr. Richard Dyson, Assistant Chief Counsel for NHTSA with regard to the emergency exit requirements in the new Connecticut School Bus Specifications VS Federal Standard 217, Bus Window Retention and Release per our earlier telephone conversation.

Attached please find a copy of the reply to that letter from Mr. James C. Schultz, Chief Counsel for NHTSA. I think it would be good for us to discuss this reply and so after you have had a few days to review this letter I will plan to call you.

Look forward to talking to you shortly.

W. G. Milby Staff Engineer

c: DAVE PHELPS