Interpretation ID: nht94-1.10

TYPE: INTERPRETATION-NHTSA

DATE: January 6, 1994

FROM: C. N. Littler -- Administrator Regulatory Affairs, MOTOR COACH INDUSTRIES (MANITOBA, CANADA)

TO: Mary Versailles -- Office of the Chief Counsel, NHTSA

TITLE: NHTSA Pre-emptive Authority With Respect to FMVSS P571 @ 121

ATTACHMT: Attached to Letter Dated 09/07/94 from John Womack to C. N. Littler (A42; STD. 121; VSA 103D)

TEXT: I am writing to request a NHTSA legal opinion regarding New York State enforcement of a brake stopping distance standard which is not identical in nature or substance to FMVSS 121.

In effect, NYSDOT is currently inspecting and placing out of service privately owned motor coaches which do not stop within 22.2 feet and 20 mph. FMVSS 121 requires a stopping distance of 35 feet at 20 mph on a road surface having a skid pad number of 81. Not only is the New York standard not identical to the Federal standard, (as required under the provisions of Sec. 103(d) of the Motor Vehicle Traffic Safety Act of 1966), it is also unduly restrictive.

Recently, the Bus Association of New York met with members of NYSDOT to attempt to resolve this problem. This meeting unfortunately only resulted in an impasse, whereby NYSDOT requested that the vehicle manufacturers write letters to the NYSDOT Compl iance and Enforcement Branch requesting exemptions to the New York standard.

We do not feel that this approach is appropriate. This issue is not one of a technical nature. It is, in fact, a legislative issue in that New York State is not in compliance with a Federally mandated standard.

Your assistance in providing a legal opinion with respect to this rather urgent matter would be greatly appreciated. I have attached for your reference copies of the standards and statute above named. Please do not hesitate to call me at 204-287-427 4 or FAX 204-453-7356 should you or counsel's office staff required further information. With kindest regards, I remain,

ATTACHMENTS: NEW YORK STATE TRANSPORTATION REGULATIONS (TEXT OMITTED)