Interpretation ID: nht89-2.44

TYPE: INTERPRETATION-NHTSA

DATE: 07/26/89

FROM: STEPHEN P. WOOD -- NHTSA

TO: FREDERICK H. DAMBACH -- EXECULINE

TITLE: NONE

ATTACHMT: LETTER DATED 07/10/89 FROM FREDERICK H. DAMBACH TO NHTSA

TEXT: Dear Mr. Dambach:

This is in response to your July 10, 1989 letter, and your July 12, 1989 telephone conversation with David Greenburg of my staff. Your letter requested an interpretation concerning transit bus (as distinguished from school bus) emergency exits. You ask ed whether emergency exits located on the roof of a transit bus could be considered side exits for purposes of complying with Federal Motor Vehicle Safety Standard (FMVSS) No. 217, Bus Window Retention and Release. As is explained below, the answer is " no".

Your concern has arisen because of difficulties you have encountered in obtaining approval from the New Jersey Department of Transportation to operate two used 1985 Van Hool buses. You indicated to Mr. Greenburg that the original importer had certified that the buses were in compliance with the applicable FMVSS. Nonetheless, NJDOT claims that the buses lack adequate side emergency exit space and are therefore not in compliance with Standard 217. Your letter indicated that if the roof mounted exists w ere counted as side exits, your buses would be in compliance with Standard 217.

Manufacturers (including importers) of motor vehicles sold in the U.S. are required to certify that those vehicles comply with the applicable FMVSS's. NHTSA does not require states to adopt or enforce the FMVSS's; states are, however, free to do so. You have indicated that New Jersey has incorporated FMVSS 217 by reference as a matter of State law. Of course NHTSA may not interpret state law; the agency may only interpret federal requirements. The following discussion therefore represents only an int erpretation of Federal law, and specifically FMVSS 217.

As is set out in S5.2 of Standard No. 217, transit buses must provide unobstructed emergency exit openings that total, in square inches, 67 times the number of seating positions on the bus. At least 40% of the total area required must be on the left sid e of the bus, and at least another 40% must be on the right side. To provide further assurance that there are multiple exits, no single exit may be credited with more than 336 square inches.

A roof exit may not be counted toward the amount of unobstructed opening required to be on a side of the bus since such an exit is not located on the side. The term "side," as used in Standard 217, refers to that part of the bus which is approximately p erpendicular to the floor and the front and rear ends of the bus. It does not include the ends or the roof of the bus. The standard follows that definition in clearly drawing distinctions between the sides, the rear and the roof of a bus. See S5.2.1 a nd S5.3.3(a). Further, if a rear or roof exit could be considered as a side exit for purposes of Standard 217, it would be unnecessary for the standard to provide detailed requirements relating to rear and roof exits.

I hope you have found this discussion informative. Please contact David Greenburg of this office at (202) 366-2992 if you have any further questions.

Sincerely,

3. IMPLICATIONS TO CANADIANS

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3.1 MANUFACTURERD

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3.2 EXPORTERS OF CANADIAN SPECIFICATION VEHICLES

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3.3 TOURISTS AND COMMERCIAL TRUCKING

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