ID: nht91-3.19

DATE: April 12, 1991

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Howard "Mac" Dashney -- Pupil Transportation Consultant, Michigan Department of Education

TITLE: None

ATTACHMT: Attached to letter dated 2-19-91 from Howard "Mac" Dashney to Paul J. Rice (OCC 5739)

TEXT:

This responds to your letter of February 19, 1991. In your letter you asked several questions regarding the purchase, sale, and use of motor vehicles used to transport students to and from school and related events. Where two or more questions concern a common issue, they are addressed by a single response.

Question 1: Do Federal Motor Vehicle Safety Standards (FMVSS) apply to multi-purpose vehicles with seating positions for more than 10 passengers, passenger vans, used to transport students to and from school and related events?

Question 5: Are there FMVSS's in effect for occupants of sedans, station wagons, or mini-vans with seating positions for fewer than 10 passengers used to transport students to and from school and related events?

The answer to both questions is yes. NHTSA has issued FMVSS covering all of the types of motor vehicles mentioned in your questions. The application section of each FMVSS indicates which types of motor vehicles are required to comply with its provisions.

The motor vehicles you refer to in Question 1 are considered "schoolbuses" by this agency. A "school bus" is a motor vehicle designed to carry 11 or more persons, including a driver, and sold for transporting students to and from school and school-related events (49 CFR S571.3). New school buses must comply with the Federal Motor Vehicle Safety Standards (FMVSS) for "buses" and also those for "school buses." The following is a list of the FMVSS that include requirements for school buses:

Standards No. 101 through No. 104; Standard No. 105 (school buses with hydraulic service brake systems); Standards No. 106 through No. 108; Standards No. 111 through 113; Standard No. 115; Standard No. 116 (school buses with hydraulic service brake systems); Standard No. 119; Standard No. 120; Standard No. 121 (school buses with air brake systems); Standard No. 124; Standards No. 201 through No. 204 (school buses with a GVWR of 10,000 pounds or less); Standard No. 205; Standards No. 207 through No. 210;

Standard No. 212 (school buses with a GVWR of 10,000 pounds or less); Standard No. 217; Standard No. 219 (school buses with a GVWR of 10,000 pounds or less); Standard No. 220; Standard No. 221 (school buses with a GVWR greater than 10,000 pounds); and Standards No. 222, 301, and 302.

These standards are part of 49 CFR S571. I have enclosed information on how you can obtain copies of the FMVSS.

Regarding the motor vehicles mentioned in Question 5, definitions of other motor vehicle types are also found in 49 CFR S571.3. For instance, "multipurpose passenger vehicle" is defined as "a motor vehicle with motive power, except a trailer, designed to carry 10 persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation" (49 CFR S571.3(b)). "Passenger car" is defined as " a motor vehicle with motive power, except a multipurpose passenger vehicle, motorcycle, or trailer, designed for carrying 10 persons or less" (49 CFR S571.3(b)).

Question 2: Is it legal for automobile manufacturers or dealers to lease or sell passenger vans to school districts or private fleet operators when the purpose of those vehicles is to transport students to and from school and related events?

Question 6: Is it legal for automobile manufacturers or dealers to lease or sell sedans, station wagons, and mini-vans to school districts or private fleet operators for the purpose of transporting students to and from school and related events?

Assuming that the particular vehicle manufactured or sold complies with all FMVSS that apply to that type of vehicle, the answer to your question is yes. Note however, that unlike other motor vehicle types, a school bus is defined by both the vehicle's seating capacity and its intended use. If a manufacturer or dealer is aware that the intended use of a vehicle is to transport students to and from school and related events, it is a violation of Federal law to sell a vehicle with a capacity of 11 or more persons, including the driver, unless the vehicle complies with all FMVSS applicable to school buses.

Question 3: Does a school district or private fleet operator increase its liability risk if it PURCHASES passenger vans to transport students to and from school and related events?

Question 4: Does a school district or private fleet operator increase its liability risk if it USES passenger vans to transport students to and from school and related events?

Question 7: Does a school district or private fleet operator increase its liability risk if it PURCHASES sedans, station wagons, or mini-vans to transport students to and from school and related events?

Question 8: Does a school district or private fleet operator increase its liability risk if it USES sedans, station wagons, or mini-vans to transport students to and from school and related events?

Liability risk is a question of state, not Federal law. I am not qualified to offer an opinion on how these issues would be resolved under Michigan law. I suggest that you contact the Attorney General for the State of Michigan for an opinion on the application of Michigan law to these situations. You may also wish to consult your agency's attorney and insurance company for more information.

I must emphasize, however, NHTSA's position that a vehicle meeting Federal school bus regulations is the safest way to transport students. In addition, I encourage your school districts to give their most careful consideration to the possible consequences of transporting students in vehicles other than school buses.

I hope that you find this information helpful. If you have further questions, please contact Mary Versailles of my staff at this address or by telephone at (202) 366-2992.

ID: 6335

William R. Willen, Esq.
Managing Counsel
American Honda Motor Co., Inc.
1919 Torrance Boulevard
Torrance, CA 90501-2746

Dear Mr. Willen:

We have received your "Petition for Honda Electric Vehicles in accordance with FMVSS '555.6(c)" (correctly, 49 CFR '555.6(c)), dated June 28, 1994.

The petition is incomplete in certain respects. It fails to provide the public interest and traffic safety arguments required by '555.5(b)(7). Section 555.6(c)(2)(iii) requires the submission of "the results of any tests conducted on the vehicle that demonstrate its failure to meet the standard, expressed as comparative performance levels." You have provided this information with respect to your request for exemption from Standard No. 103 but not with respect to the eight interior components that accompany your request for exemption from Standard No. 302. If you have conducted tests on these components, yuou are required to submit them as part of your petition.

In addition, the petition does not state whether the period for which exemption is requested is for one or two years (you may need the latter if the manufacture of the 20 electric vehicles is not completed within a year from the date of grant of the petition).

If the vehicles are manufactured outside the United States, Honda may wish to avail itself of the provisions of 49 CFR 591.5(j) which allows a manufacturer to import noncomplying vehicles for purposes of research, investigation, and studies for a period of up to three years (when the temporary

importation bond must be paid). After payment of the bond, a manufacturer may request NHTSA for an extension if it requires further time to complete its tests and evaluations.

We shall hold your petition in abeyance until we hear further from you.

Sincerely,

John Womack Acting Chief Counsel ref:555#591 d:7/25/94

ID: nht94-3.80

TYPE: INTERPRETATION-NHTSA

DATE: July 25, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: William R. Willen, Esq. -- Managing Counsel, American Honda Motor Co., Inc.,

TITLE: None

ATTACHMT: Attachment dated 6/28/94 Letter from William R. Willen to administrator, NHTSA (6335)

TEXT:

We have received your "Petition for Honda Electric Vehicles in accordance with FMVSS @ 555.6(c)" (correctly, 49 CFR @ 555.6(c)), dated June 28, 1994.

The petition is incomplete in certain respects. It fails to provide the public interest and traffic safety arguments required by @ 555.5(b)(7). Section 555.6(c)(2)(iii) requires the submission of "the results of any tests conducted on the vehicle that demonstrate its failure to meet the standard, expressed as comparative performance levels." You have provided this information with respect to your request for exemption from Standard No. 103 but not with respect to the eight interior components that acc ompany your request for exemption from Standard No. 302. If you have conducted tests on these components, you are required to submit them as part of your petition.

In addition, the petition does not state whether the period for which exemption is requested is for one or two years (you may need the latter if the manufacture of the 20 electric vehicles is not completed within a year from the date of grant of the peti tion).

If the vehicles are manufactured outside the United States, Honda may wish to avail itself of the provisions of 49 CFR 591.5(j) which allows a manufacturer to import noncomplying vehicles for purposes of research, investigation, and studies for a period of up to three years (when the temporary

importation bond must be paid). After payment of the bond, a manufacturer may request NHTSA for an extension if it requires further time to complete its tests and evaluations.

We shall hold your petition in abeyance until we hear further from you.

ID: nht92-3.31

DATE: 10/02/92

FROM: MARK W. STEVENS -- CHAIRMAN, SEATMORE

TO: PAUL JACKSON RICE -- CHIEF COUNSEL, NHTSA

ATTACHMT: ATTACHED TO LETTER DATED 11-13-92 FROM PAUL J. RICE TO MARK W. STEVENS (A40; STD. 207; STD. 208; STD. 209; STD. 210; STD. 302; VSA 108

TEXT: We are in the process of designing and manufacturing a after market 3rd rear facing seat for the Ford Taurus and Mercury Sable station wagons 1986-1993.

The Product information contained in these document is proprietary and confidential trade secret information of Seatmore. We ask that this information be kept confidential.

We have asked Johnson Safety in California to manufacture the 3rd seat described in these documents, they have contacted James Gilkey in Code Enforcement Division. Mr. Gilkey suggested that we contact you with the following questions in order to know proper testing requirements.

1. Does the aftermarket 3rd rear facing station wagon system have to be tested in compliance with FMVSS 207, 209, & 210?

2. The seat belt anchorages are Ford factory anchorages built into the car at the factory and designed specifically for the Ford factory 3rd seat and seat belts. We will be using the same anchorages with aftermarket seat belts already in compliance. Is a test required for this system?

3. If testing is required, must they be specifically Static Tested or Dynamic Crash Tested?

I have enclosed pictures with descriptions of the seat and Ford factory mountings for your review.

Please feel free to call if you have questions or need further information. We are ready to take this product to the auto aftermarket and we would appreciate your review and response as soon as possible.

ID: 9544

Mr. Bob Carver
Product Engineering
Wayne Wheeled Vehicles
13311 Industrial Parkway
Marysville, OH 43040

Dear Mr. Carver:

This responds to your letter of January 8, 1994, asking two questions concerning a recent amendment to Standard No. 217, Bus Emergency Exits and Window Retention and Release (57 FR 49413; November 2, 1992). Your questions and the response to each follow.

1.There's some confusion here in our engineering department regarding the interpretation of the "Daylight Opening" and "Unobstructed Opening" as it applies to the new side emergency door specification in FMVSS 217. Page 2 shows the allowable obstruction and the context in which "Daylight Opening" and "Unobstructed Opening" are used. Page 3 shows some measurements of our seats placed according to the "30 cm minimum" shown on page 2. Page 4 shows four different interpretations of the "Unobstructed Opening" area. Depending on the interpretation, between 9 and 15 people may be accommodated by a side emergency door. My question is this: of the four possibilities shown, which definition of the "Unobstructed Opening" area is correct? Mr. Hott indicated definition 4.

The term "daylight opening" is defined in the Final Rule as "the maximum unobstructed opening of an emergency exit when viewed from a direction perpendicular to the plane of the opening." An obstruction in this context would include any obstacle or object that would block, obscure, or interfere with, in any way, access to that exit when opened. In determining the "maximum unobstructed opening of an emergency exit," we would subtract, from the total area of the opening, the area of any portions of the opening that cannot be used for exit purposes as a result of the obstruction. The area measurements would be taken when viewed from a direction perpendicular to the plane of the opening.

Your question specifically concerns how the "maximum unobstructed opening" of a side door is measured when the opening is partially obstructed by a seat. In the case of the illustrated door exit, occupants would use the exit by movement along the floor. This would be considered in determining the extent of an obstruction. None of the four examples you enclosed with your letter correctly illustrates the area that would be credited for the illustrated exit. The following regions would not be credited for this exit: (1) the area visually obstructed by the seat; (2) your region A2, an area bounded by a horizontal line tangent to the top of the seat back, a vertical line tangent to the rearmost portion of the top of the seat, the upper edge of the door opening, and the edge of the door forward of the seat; (3) your region A5, an area bounded by the seat back, a horizontal line tangent to the top of the seat back, and the edge of the door forward of the seat; and (4) your region A8, an area bounded by the seat leg, the floor, the lower edge of the seat bottom, and the edge of the door forward of the seat. Because the seat would make the last three regions unusable as exit space for a person traveling along the floor of the bus towards the exit, they would not be credited for that exit.

You should be aware that the agency published a notice of proposed rulemaking to amend Standard No. 217 on December 1, 1993 (58 FR 63321). The notice proposed two alternate means for determining the maximum amount of area that will be credited for all types of emergency exits on school buses. The agency is currently reviewing the comments received in response to this notice. I am enclosing a copy of this notice.

2.Here is an excerpt from FMVSS 217 S5.5.3(a):

"Each school bus ....shall have the designation "Emergency Door" or "Emergency Exit" as appropriate, .... For emergency exit doors, the designation shall be located at the top of, or directly above, the emergency exit door on both the inside and outside surfaces of the bus..... For emergency window exits, the designation shall be located at the top of, or directly above, or at the bottom of the emergency window exit on both the inside and outside surfaces of the bus."

I've seen a two-sided sticker used by other bus manufacturers. It is applied on the inside surface of a window and the same image "Emergency Door" or "Emergency Exit" can be read from both inside and outside the bus. Is it permissible for us to use this sort of decal, assuming it meets all other (i.e., FMVSS 302)?

The answer to your question is yes. The agency addressed this issue in an October 2, 1978, letter to Mr. E.M. Ryan of Ward Industries, Inc. I am enclosing a copy of this letter.

I hope you find this information helpful. If you have any other questions, please contact Walter Myers of my staff at this address or by phone at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

Enclosures

ref:217 d:3/24/94

ID: nht94-7.26

DATE: March 24, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Bob Carver -- Product Engineering, Wayne Wheeled Vehicles (Marysville, OH)

TITLE: None

ATTACHMT: Attached to letter dated 1/8/94 from Bob Carver to John Womack (OCC 9544)

TEXT:

This responds to your letter of January 8, 1994, asking two questions concerning a recent amendment to Standard No. 217, Bus Emergency Exits and Window Retention and Release (57 FR 49413; November 2, 1992). Your questions and the response to each follow.

1. There's some confusion here in our engineering department regarding the interpretation of the "Daylight Opening" and "Unobstructed Opening" as it applies to the new side emergency door specification in FMVSS 217. Page 2 shows the allowable obstruction and the context in which "Daylight Opening" and "Unobstructed Opening" are used. Page 3 shows some measurements of our seats placed according to the "30 cm minimum" shown on page 2. Page 4 shows four different interpretations of the "Unobstructed Opening" area. Depending on the interpretation, between 9 and 15 people may be accommodated by a side emergency door. My question is this: of the four possibilities shown, which definition of the "Unobstructed Opening" area is correct? Mr. Hott indicated definition 4.

The term "daylight opening" is defined in the Final Rule as "the maximum unobstructed opening of an emergency exit when viewed from a direction perpendicular to the plane of the opening." An obstruction in this context would include any obstacle or object that would block, obscure, or interfere with, in any way, access to that exit when opened. In determining the "maximum unobstructed opening of an emergency exit," we would subtract, from the total area of the opening, the area of any portions of the opening that cannot be used for exit purposes as a result of the obstruction. The area measurements would be taken when viewed from a direction perpendicular to the plane of the opening.

Your question specifically concerns how the "maximum unobstructed opening" of a side door is measured when the opening is partially obstructed by a seat. In the case of the illustrated door exit, occupants would use the exit by movement along the floor. This would be considered in determining the extent of an obstruction. None of the four examples you enclosed with your letter correctly illustrates the area that would be credited for the illustrated exit. The following regions would not be credited for this exit: (1) the area visually obstructed by the seat; (2) your region A 2, an area bounded by a horizontal line tangent to the top of the seat back, a vertical line tangent to the rearmost portion of the top of the seat, the upper edge of the door opening, and the edge of the door forward of the seat; (3) your region A 5, an area bounded by the seat back, a horizontal line tangent to the top of the seat back, and the edge of the door forward of the seat; and (4) your region A 8, an area bounded by the seat leg, the floor, the lower edge of the seat bottom, and the edge of the door forward of the seat. Because the seat would make the last three regions unusable as exit space for a person traveling along the floor of the bus towards the exit, they would not be credited for that exit.

You should be aware that the agency published a notice of proposed rulemaking to amend Standard No. 217 on December 1, 1993 (58 FR 63321). The notice proposed two alternate means for determining the maximum amount of area that will be credited for all types of emergency exits on school buses. The agency is currently reviewing the comments received in response to this notice. I am enclosing a copy of this notice.

2. Here is an excerpt from FMVSS 217 S5.5.3(a):

"Each school bus ....shall have the designation "Emergency Door" or "Emergency Exit" as appropriate, .... For emergency exit doors, the designation shall be located at the top of, or directly above, the emergency exit door on both the inside and outside surfaces of the bus.... For emergency window exits, the designation shall be located at the top of, or directly above, or at the bottom of the emergency window exit on both the inside and outside surfaces of the bus."

I've seen a two-sided sticker used by other bus manufacturers. It is applied on the inside surface of a window and the same image "Emergency Door" or "Emergency Exit" can be read from both inside and outside the bus. Is it permissible for us to use this sort of decal, assuming it meets all other (i.e., FMVSS 302)?

The answer to your question is yes. The agency addressed this issue in an October 2, 1978, letter to Mr. E.M. Ryan of Ward Industries, Inc. I am enclosing a copy of this letter.

I hope you find this information helpful. If you have any other questions, please contact Walter Myers of my staff at this address or by phone at (202) 366-2992.

ID: 1983-1.18

TYPE: INTERPRETATION-NHTSA

DATE: 02/15/83

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Mazda (North America) Inc. -- H. Nakaya

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. H. Nakaya Mazda (North America), Inc. 23777 Greenfield Road, Suite 462 Southfield, Michigan 48075

Dear Mr. Nakaya:

This responds to your letter asking about the definition of occupant compartment air spaces for purposes of determining the application of Standard No. 302, Flammability of Interior Materials. You asked whether the cargo areas of two cars must comply with the standard if these areas always or sometimes open into the occupant compartment.

The term "occupant compartment air space" is defined in the standard as "the space within the occupant compartment that normally contains refreshable air." In previous interpretations regarding the applicability of the standard to a particular area of a vehicle, the question has turned upon whether people can and do ride in the area in question. In letters regarding vans, the agency has taken the position that the area was not typically occupied by passengers. However, the agency came to a different conclusion regarding the space behind the rear seat in station wagons. Since passengers can and do ride in that area, the agency concluded that it was part of the occupant compartment. For this interpretation, see the last page of the enclosed letter.

The Case I car in your letter presents a situation seemingly similar to that of station wagons. The Case I appears to be a liftback cart with a cargo carrying area behind the rear seat. If passengers can ride in the area behind the rear seat, then that would be part of the occupant compartment and would be subject to the standard. As to the Case II car, which appears to be a sedan with internal access to the trunk by means of the folding backs of the rear seats, the agency does not regard the trunk area as part of the occupant compartment. It does not appear from your diagram that people would ride in that area.

Sincerely,

Frank Berndt Chief Counsel

Enclosure

ID: aiam4882

"Dear Mr. Harmon: This responds to your letter asking whether Standar No. 213, Child Restraint Systems, permits the installation of a built-in child restraint system (i.e., a child restraint system that is an integral part of the vehicle) in a multipurpose passenger vehicle (MPV), and if so, what requirements apply. As discussed below, a child restraint system built into an MPV would fall within the definition of 'child restraint system' in Standard No. 213 and would therefore have to comply with all the provisions of the standard that are generally applicable to child restraint systems. Since such a restraint would not be portable, it would not have to meet any requirement that is, by its own terms, or those of the compliance test procedure for that requirement, specifically applicable to 'add-on child restraint systems' only. Since it would be built into an MPV instead of a passenger car, it would not have to meet any requirement that is, for the same reasons, specifically applicable to 'built-in child restraint systems' only. The following sections of Standard No. 213 contain requirements that would apply to a child restraint built into an MPV: S5.2.1 (head support surface), S5.2.2 (torso impact protection), S5.2.4 (protrusion limitation), S5.4 (belts, buckles and webbing), and S5.7 (flammability). The principle requirements of the standard that would not apply are those in S5.l.l relating to dynamic performance. In view of the importance of the dynamic performance requirements for ensuring the safety of child restraint systems, we intend to begin rulemaking to apply those requirements to all built-in systems, not just to those installed in passenger cars. In the meantime, we suggest that manufacturers of such systems for MPVs carefully consider whether the systems provide protection comparable to that provided by built-in child restraint systems in passenger cars. You should also be aware that the National Traffic and Motor Vehicle Safety Act (l5 U.S.C. 1381-l431) imposes responsibilities on manufacturers of motor vehicles and motor vehicle equipment regarding safety-related defects. Manufacturers are responsible for ensuring that the vehicles and equipment they manufacture are free from safety-related defects and can perform their intended function safely. If the manufacturer or the agency determines that a safety-related defect (or noncompliance with an FMVSS) exists, the manufacturer is obligated under 151 et seq. of the Act to notify purchasers of its product and remedy the problem without charge. Manufacturers who fail to provide notification of or remedy for a defect or noncompliance may be subject to a civil penalty of up to $1,000 per violation. Legal Analysis Standard No. 2l3 applies to child restraint systems for use in motor vehicles and aircraft. See section S3. The term 'child restraint system' is defined as 'any device except Type I or Type II seat belts, designed for use in a motor vehicle or aircraft to restrain, seat, or position children who weigh 50 pounds or less.' See section S4. A child restraint system that is an integral part of an MPV would come within this definition. Some of Standard No. 2l3's requirements apply generally to 'child restraint systems,' i.e., without regard to whether a child restraint system is built-in or add-on or whether, if it is built-in, it is installed in a car or other type of vehicle. Since a child restraint system which is an integral part of an MPV comes within the definition of 'child restraint system,' it is required to meet all such requirements unless excepted. The following sections of Standard 213 contain requirements which apply generally to 'child restraint systems': S5.2.1 (head support surface), S5.2.2 (torso impact protection), S5.2.4 (protrusion limitation), S5.4 (belts, buckles and webbing), and S5.7 (flammability). In a number of instances, however, particularly with respect to dynamic performance, Standard No. 2l3 either specifies separate requirements for 'add-on child restraint systems' and 'built-in child restraint systems,' or provides a test procedure for these two types of child restraint systems only. The standard defines 'add-on child restraint system' without respect to the type of vehicle to which it might be added, i.e., as 'any portable child restraint system.' The term 'built-in child restraint system' is defined more restrictively, as 'any child restraint system which is an integral part of a passenger car.' (Emphasis added.) A child restraint system which is an integral part of an MPV does not come within either of these definitions, since such a restraint is neither portable nor a part of a passenger car. Therefore, Standard No. 2l3's requirements for 'add-on child restraint systems' and 'built-in child restraint systems,' do not apply to a child restraint system which is an integral part of an MPV. Similarly, those requirements for which the standard specifies a test procedure for 'add-on child restraint systems' and 'built-in child restraint systems' only do not apply to a child restraint system which is an integral part of an MPV. I hope this information is helpful. Please contact us if you have further questions. Sincerely, Paul Jackson Rice Chief Counsel";

ID: nht94-1.95

TYPE: Interpretation-NHTSA

DATE: March 24, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Bob Carver -- Product Engineering, Wayne Wheeled Vehicles (Marysville, OH)

TITLE: None

ATTACHMT: Attached to letter dated 1/8/94 from Bob Carver to John Womack (OCC 9544)

TEXT:

This responds to your letter of January 8, 1994, asking two questions concerning a recent amendment to Standard No. 217, Bus Emergency Exits and Window Retention and Release (57 FR 49413; November 2, 1992). Your questions and the response to each follow .

1. There's some confusion here in our engineering department regarding the interpretation of the "Daylight Opening" and "Unobstructed Opening" as it applies to the new side emergency door specification in FMVSS 217. Page 2 shows the allowable obstructi on and the context in which "Daylight Opening" and "Unobstructed Opening" are used. Page 3 shows some measurements of our seats placed according to the "30 cm minimum" shown on page 2. Page 4 shows four different interpretations of the "Unobstructed Op ening" area. Depending on the interpretation, between 9 and 15 people may be accommodated by a side emergency door. My question is this: of the four possibilities shown, which definition of the "Unobstructed Opening" area is correct? Mr. Hott indicat ed definition 4.

The term "daylight opening" is defined in the Final Rule as "the maximum unobstructed opening of an emergency exit when viewed from a direction perpendicular to the plane of the opening." An obstruction in this context would include any obstacle or obje ct that would block, obscure, or interfere with, in any way, access to that exit when opened. In determining the "maximum unobstructed opening of an emergency exit," we would subtract, from the total area of the opening, the area of any portions of the opening that cannot be used for exit purposes as a result of the obstruction. The area measurements would be taken when viewed from a direction perpendicular to the plane of the opening.

Your question specifically concerns how the "maximum unobstructed opening" of a side door is measured when the opening is partially obstructed by a seat. In the case of the illustrated door exit, occupants would use the exit by movement along the floor. This would be considered in determining the extent of an obstruction. None of the four examples you enclosed with your letter correctly illustrates the area that would be credited for the illustrated exit. The following regions would not be credited for this exit: (1) the area visually obstructed by the seat; (2) your region A 2, an area bounded by a horizontal line tangent to the top of the seat back, a vertical line tangent to the rearmost portion of the top of the seat, the upper edge of the doo r opening, and the edge of the door forward of the seat; (3) your region A 5, an area bounded by the seat back, a horizontal line tangent to the top of the seat back, and the edge of the door forward of the seat; and (4) your region A 8, an area bounded by the seat leg, the floor, the lower edge of the seat bottom, and the edge of the door forward of the seat. Because the seat would make the last three regions unusable as exit space for a person traveling along the floor of the bus towards the exit, th ey would not be credited for that exit.

You should be aware that the agency published a notice of proposed rulemaking to amend Standard No. 217 on December 1, 1993 (58 FR 63321). The notice proposed two alternate means for determining the maximum amount of area that will be credited for all t ypes of emergency exits on school buses. The agency is currently reviewing the comments received in response to this notice. I am enclosing a copy of this notice.

2. Here is an excerpt from FMVSS 217 S5.5.3(a):

"Each school bus ....shall have the designation "Emergency Door" or "Emergency Exit" as appropriate, .... For emergency exit doors, the designation shall be located at the top of, or directly above, the emergency exit door on both the inside and outside surfaces of the bus.... For emergency window exits, the designation shall be located at the top of, or directly above, or at the bottom of the emergency window exit on both the inside and outside surfaces of the bu s."

I've seen a two-sided sticker used by other bus manufacturers. It is applied on the inside surface of a window and the same image "Emergency Door" or "Emergency Exit" can be read from both inside and outside the bus. Is it permissible for us to use thi s sort of decal, assuming it meets all other (i.e., FMVSS 302)?

The answer to your question is yes. The agency addressed this issue in an October 2, 1978, letter to Mr. E.M. Ryan of Ward Industries, Inc. I am enclosing a copy of this letter.

I hope you find this information helpful. If you have any other questions, please contact Walter Myers of my staff at this address or by phone at (202) 366-2992.

ID: 05-009466drn