Interpretation ID: aiam1251
Chief Engineer
Thomas Built Buses
Inc.
1408 Courtesy Road
P.O. 1849
High Point
NC 27261;
Dear Mr. Tydings: This is in reply to your letters of July 26 and August 7, 1973 requesting an opinion on the applicability of the emergency exit provisions (S5.3 to S5.5) of Motor Vehicle Safety Standard No.217, Bus Window Retention and Release (49 CFR 571.217), to buses that are of the same design as school buses, but which are not manufactuerd (sic) (they are not painted yellow, nor do they have warning devices) nor used as school buses. You ask further that the standard exempt prison buses.; We interpret the exemption for school buses to include buses similarl designed, without regard to their intended use. School bus is defined in 49 CFR 571.3 to mean,; a bus *designed* primarily to carry children to and from school....' We are of the opinion that buses which share the same design as buse that clearly fall within the definition of school bus' are school buses under Standard No. 217, and are therefore exempt from the emergency exit provisions of the standard. No modification of the standard is accordingly called for.; With respect to your request regarding prison buses, we are presentl considering similar requests previously received, and plan to respond by notice published in the *Federal Register* in the near future.; Yours truly, Richard B. Dyson, Assistant Chief Counsel