Interpretation ID: aiam2136
Staff Engineer
Blue Bird Body Company
P.O. Box 937
Fort Valley
GA 31030;
Dear Mr. Milby: This responds to Blue Bird Body Company's October 16, 1975, questio whether Standard No. 121, *Air Brake Systems*, preempts a State requirement that air-braked school buses be equipped with an audible and visual antilock failure warning signal and an air pressure gauge with a 3-inch display.; Standard No. 121 requires that trucks and buses be equipped with an ai pressure gauge, but it does not specify the size of the display (S5.1.4). Section S5.1.6 of the standard requires that trucks and buses be equipped with an antilock failure warning signal that is either visible within the driver's forward field of view, or both audible and continuously visible if it is not within the driver's forward field of view.; Section 103(d) of the National Traffic and Motor Vehicle Safety Act o 1966 (15 U.S.C. 1392(d)) provides that no State or political subdivision of a State may promulgate or continue in effect standards applicable to an aspect of motor vehicle or motor vehicle equipment performance which is covered by a Federal motor vehicle safety standard, unless the standards are identical.; The Federal requirements must be regarded as conclusive with regard t aspects of air brake performance covered by Standard No. 121 in order to maintain the uniformity necessary in a Federal regulatory scheme. This was affirmed in a recent decision rendered in a case brought by the Motorcycle Industry Council, Inc. against the State of California in the United States District Court for the Eastern District of California concerning the preemption of a California State requirement that motorcycle headlamps be wired to operate when the engine is running. The Court held that the California requirement is preempted by the Federal Motor Vehicle Safety Standard No. 108 since the NHTSA intended to cover all aspects of performance directly involving motorcycle headlamps.; The requirements described in your letter would be preempted b Standard 121 since the aspects of performance that would be affected are covered by the Federal standard.; You should note that this discussion of State 'requirements' onl refers to rules of general applicability within a State or municipality. It does not refer to purchase specifications that may be imposed by any person or organization, including a State or municipality, with respect to vehicles purchased for the person or organization's own use. Such specifications are not limited by Federal law, and in the case of governmental bodies are specifically allowed by S103(d), although of course they cannot alter a manufacturer's duty to conform to Federal standards.; Sincerely, Frank Berndt, Acting Chief Counsel