Interpretation ID: aiam1481
Supt. of Maintenance
Triboro Coach Corporation
85-01 24th Avenue
Jackson Heights
NY 11369;
Dear Mr. Cicero: This is in reply to your letter of April 4, 1974, concerning you request for an exemption from the roof emergency exit requirements (S5.2.1) of Motor Vehicle Safety Standard No. 217 (49 CFR 571.217). We had denied an earlier request on March 27, 1974 following your letter to us of February 13, 1974.; We must again deny your request. The Federal motor vehicle safet standards which apply to motor vehicles (some apply to equipment only) specify safety requirements which apply to vehicle types generally (passenger cars, trucks, buses, etc.) and must of necessity be based on the use to which such vehicle types are generally put. The NHTSA has determined through the administrative rulemaking process that buses, including buses for use in urban environments, must have a roof emergency exit when a rear exit can not be installed due to the configuration of the bus. In most cases, including many urban situations, the roof exit can be an important safety feature, particularly when the bus is overturned on a side. While we do not dispute the facts you present, we view the situation as unusual, and not a suitable basis for modifying a requirement applicable to every urban bus. Our regulations do not permit exemptions from requirements for buses sold to one party.; However, under the National Traffic and Motor Vehicle Safety Act (1 U.S.C. SS1391 *et seq.*) under which Standard No. 217 is issued, a vehicle need not conform to a Federal motor vehicle safety standard after its sale to its ultimate user. Consequently there is no Federal prohibition to your modifying or eliminating the roof exits in these buses if you wish, after you receive them from the manufacturer.; Sincerely, Robert L. Carter, Associate Administrator, Motor Vehicl Programs;