Interpretation ID: 1984-2.33

TYPE: INTERPRETATION-NHTSA

DATE: 07/20/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Blue Bird Body Company

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Thomas D. Turner Manager, Engineering Services Blue Bird Body Company P.O. Box 937 Fort Valley, Georgia 31030

Dear Mr. Turner:

This responds to your June 14, 1984, letter to the National Highway Traffic Safety Administration (NHTSA) concerning Federal Motor Vehicle Safety Standard (FMVSS) No. 217, Bus Window Retention and Release. Section 5.2.2 of FMVSS No. 217 provides manufacturers with three options with which they may meet the unobstructed openings requirements for buses other than school buses with GVWR of 10,000 pounds or less. You asked for our confirmation of your interpretation that windows and doors on these vehicles which meet the specifications of options (b) and (c) of section 5.2.2 have no requirements as to emergency exit release, extension, and identification. As discussed below, windows and doors installed in compliance with section 5.2.2 in a bus other than a school bus with a GVWR of 10,000 pounds or less must comply with the requirements of section 5.3 and 5.4 of the standard. They do not have to comply with the requirements of S5.5 unless specially-installed emergency exits, such as push-out windows, are used.

Section 5.3 specifies emergency exit release requirements for push-out windows or other emergency exits not required by S5.2.3. Similarly, section 5.4 specifies emergency exit extension requirements for push-out windows or other emergency exits not required by S5.2.3. Since section 5.2.3 only specifies emergency exit requirements for school buses, the windows and doors on buses other than school buses with GVWR of 10,000 or less must comply with Sections 5.3 through 5.5 of the Standard. The Standard permits the emergency exit requirements to be met with the vehicle's doors and with windows which are manually operable to an open position that provides a specified area for egress. Standard roll-down windows generally meet these requirements.

You are correct in your understanding that Standard No. 217 does not require standard roll-down windows and doors on these vehicles to be labeled as emergency exits. The purpose of the emergency exit marking requirements of Standard No. 217 is to identify for occupants the location and use of specially- installed emergency exits. In the case of buses having a GVWR of 10,000 pounds or less, the emergency exit requirements may be met with the vehicle's doors and with windows which meet the specifications of S5.2.2(b). Standard roll-down windows generally meet these specifications. The agency has determined that the operation of standard roll-down windows and doors are generally familiar to persons who are old enough to read instructions. Thus there would be little justification for providing emergency exit markings for these exits. However, section 5.5.1 provides that specially-installed emergency exits whose operation are not immediately obvious in such buses, such as push-out windows, are not exempted from the emergency exit identification requirement.

Sincerely,

Original Signed By Frank Berndt Chief Counsel

NHTSA NOA-30:D.Hom:p11:69511:7/6/84:PR: NOA-30:Subj/Chron Concurrence: NRM; NEF Interps: Redbook (3) Std. 217 NRM-01:Info NEF-01:Info OCC 765

June 14, 1984

Mr. Frank Berndt Chief Counsel National Highway Traffic Safety Administration 400 Seventh Street, S.W. Washington, D.C. 20590

Reference: 49 CFR Part 571.217 Bus Window Retention and Release Dear Mr. Berndt:

Section S5.2.2, "Buses with a GVWR of 10,000 pounds or less.", of the subject standard states the following:

Buses with a GVWR of 10,000 pounds or less may meet the unobstructed openings requirement by providing: (a) Devices that meet the requirements of S5.3 through S5.5 without using remote controls or central power systems; (b) Windows that can be opened manually to a position that provides an opening large enough to admit unobstructed passage, keeping a major axis horizontal at all times, of an ellipsoid generated by rotating about its minor axis an ellipse having a major axis of 20 inches and a minor axis of 13 inches; or (c) Doors

Option (a) specifies devices that meet the requirements of S5.3 through S5.5. Options (b) and (c) make no reference to the requirements of S5.3 through S5.5. Based on this it is our understanding that options (b) windows . . . and (c) doors, do not have to meet the requirements of Sections S5.3 through S5.4 dealing with emergency exit release, extension, and identification.

In other words, on a bus with a GVWR of 10,000 pounds or less built on a Commercial cutaway van chassis, large windows meeting S5.2.2 (b) and/or the driver's door provided with the chassis and the entrance door, can be used to meet the unobstructed opening requirements of S5.2 without regard to the requirements of S5.3, S5.4, or S5.5.

We request your confirmation that our understanding is correct and thank you for your early reply.

Very truly yours,

Thomas D. Turner Manager, Engineering Services

fvc c: FMVSS 217 File