Interpretation ID: nht89-2.63

TYPE: Interpretation-NHTSA

DATE: August 8, 1989

FROM: Michael F. Trentacoste -- Director, Office of Motor Carrier Standards, Federal Highway Administration

TO: Karen Finkel -- Executive Director, National School Transportation Association

TITLE: Re HCS-3

ATTACHMT: Attached to letter dated 9-29-77 from J.J. Levin, Jr. to M.B. Mathieson; Also attached to letter dated 7-5-84 from F. Berndt to R. Marion; Also attached to letter dated 3-23-90 from A.H. Brett to M.B. Mathieson; Also attached to letter dated 12 -3-90 from P.J. Rice to M.B. Mathieson (A36; Std. 217); Also attached to letter dated 3-26-90 from M.B. Mathieson to E.Z. Jones (OCC 4598); Also attached to letter dated 3-30-90 from M.B. Mathieson to M.F. Trentacoste

TEXT:

This is in response to your telephone conversation with Ms. Susan Patty of my office regarding the emergency exit requirements for buses subject to the Federal Motor Carrier Safety Regulations (FMCSRs). You asked if buses purchased as school buses, that meet National Highway Traffic Safety Administration (NHTSA) standards for school bus emergency exits, must have additional emergency exit space when used in interstate commerce and if push-out type windows are required to meet these exit requirements. W e note that NHTSA wrote to you on April 29, 1989, in response to your request for an interpretation regarding the requirements for push-out windows under Standard 217.

Title 49 C.F.R. S 393.61 establishes the window and emergency exit requirements for buses subject to the FMCSRs. Under this part, buses manufactured on or after September 1, 1973, must meet the minimum emergency requirements established under Federal Mo tor Vehicle Safety Standard 217. Buses that were manufactured before this date may either meet these requirements of Standard 217 or the requirements listed in the FMCSRs under S 393.61(b). As you know, Standard 217 establishes minimum emergency exit r equirements for school buses and different minimum emergency exit requirements for non-school buses over 10,000 Gross Vehicle Weight Rating.

Section 393.61(b)(2) says that "a bus, including a school bus, manufactured on and after September 1, 1973" (emphasis added) must conform with NHTSA's S 571.217. At the time this provision was adopted, Standard 217 applied only to other buses and it was optional for schoolbuses. The FHWA inserted the language, "including school buses," in S 393.61(b)(2) to make clear that school buses used in interstate commerce and, therefore, subject to the FMCSRs, were required to comply with the bus exit standard in Standard 217. Therefore, when a school bus is used in operations that are subject to the FMCSRs, that bus must meet the same minimum emergency exit requirements for non-school buses under S 571.217.

This interpretation is consistent with FHWA's previous interpretations on school bus operations and school bus windows. In 1975, the FHWA published its interpretations of the FMCSRs, which stated, in part, that "neither the general provisions of the Saf ety Regulations, nor the specific

provision of any part of the section of Subpart D, Part 393, contain any language which would exempt school buses from the window construction requirements" (40 Fed. Reg. 50,671, 50,689 (1975). This interpretation goes on to explain that school buses su bject to the FMCSRs, just like other buses which are subject to the FMCSRs, are given an option under S 393.61(c) to use laminated safety glass in lieu of push-out windows if the glass size is sufficient to meet the exit requirements of S 393.61 (b).

Regarding push-out windows, S 393.61(b)(3) provides that older buses must conform with the requirements of SS 393.61(b) or 571.217. Buses which are subject to S 571.217 would follow NHTSA'S interpretation on push-out windows provided to you in its April 29, 1989, letter. Buses which are subject to S 393.61(b)(1) of the FMCSRs are required to have emergency windows that are either push-out windows or that have laminated safety glass that can be pushed out in a manner similar to a push-out window. These requirements were also discussed in the 1977 FMCSRs Interpretations, under Number 4b(4) "Windshield Construction--Section 393.61." Enclosed is an excerpt from those interpretations.

I hope that this information is helpful.