Interpretation ID: aiam4053
Sales Engineer
Van Hool N.V.
Bernard Van Hoolstraat 58
B-2578 Lier
Koningshooikt
Belgium;
Dear Mr. Moens: This responds to your October 10, 1985 letter to this agency requestin an interpretation of Federal Motor Vehicle Safety Standard (FMVSS) No. 217, *Bus Window Retention and Release*. You asked whether FMVSS No. 217 allows the use of sliding roof emergency exits. The answer to your question depends on the location of the release mechanism and the direction in which the mechanism operates relative to the surface of the closed exit. As explained below, if the release mechanism falls in the area of high force application, i.e., the area of the bus in which high operating forces may be used, then the answer to your question is no.; According to your letter, you provide two roof hatches on your buses in the front and rear of the vehicles, although the front roof hatch is not needed to meet the unobstructed openings requirement of Standard No. 217. The roof hatches would slide open rather than push out, and would be opened by a handle which is located in the region of high force application as shown in Figure 3B of the standard.; Standard No. 217 requires buses to be equipped with emergency exits an specifies requirements that all emergency exits must meet. Paragraph S5.2.1 of Standard No. 217 provides that a roof exit may be installed on buses with gross vehicle weight ratings of more than 10,000 pounds when the bus configuration precludes installation of an accessible rear exit. The roof exit must meet the requirements of paragraphs S5.3 through S5.5. Under S5.3.2, the direction of required force application in the high force access region is straight and perpendicular to the exit surface. Since your exit is designed so that the force is applied parallel to the exit surface, it does not comply with S5.3.2.; Of course, your roof emergency exit must meet all applicabl requirements in FMVSS No. 217. You should note that under S5.3.1, a roof exit must provide for a release mechanism, located within the regions depicted in Figure 3B of the standard. The release mechanism must be operated by one or two force applications which comply with S5.3.2. Further S5.5 sets certain identification requirements for roof emergency exits.; You stated that the roof exit installed in the forward half of the bu does not need to be counted to satisfy the unobstructed openings requirement of Standard No. 217. Exits that are not labeled or intended as emergency exits need not meet the emergency exit requirements of FMVSS No. 217.; You asked what consequences would follow if we determine that you sliding roof exit does not comply with FMVSS No. 217. That standard was issued under the National Traffic and Motor Vehicle Safety Act. The Act requires manufacturers to comply with all applicable safety standards. It also requires them to notify purchasers of their motor vehicles of safety- related defects and failures to comply with the safety standards, and to remedy such defects and noncompliances without charge. Violations of the Act's requirements are punishable by civil fines of up to $1,000 per violation, with a maximum $800,000 for a related series of violations. Under the regulations set forth in Part 556 of Title 49 of the Code of Federal Regulations (copy enclosed), manufacturers may petition NHTSA for an exemption from the Act's notice and remedy requirements if they believe that the defect or noncompliance is inconsequential as it relates to motor vehicle safety. However, if the agency denies such a petition, *all* duties relating to notice and remedy of the defect or noncompliance contained in the Vehicle Safety Act are continued in force against the manufacturer.; Mr. Sebastian Messina of the New Jersey Department of Transportatio has contacted us concerning the sliding emergency exits on your buses. We are sending him a copy of this letter for his information.; Sincerely, Erika Z. Jones, Chief Counsel