Interpretation ID: aiam3779
Senior Investigator
Motor Carriers
State of New Jersey
Department of Transportation
Motor Carrier Inspection
Box 10009
Newark
NJ 07101;
Dear Mr. Lobascio: This responds to your letter to Mr. Kratzke of my staff, in which yo questioned a prior interpretation of Safety Standard No. 217, *Bus Window Retention and Release* (49 CFR S 571.217). You noted that you disagree with an August 18, 1983 interpretation addressed to Champion Home Builders, which stated that doors may be considered as emergency exits for the purposes of section S5.2.1, provided that those doors meet the requirements applicable to emergency exits. I have enclosed a copy of this interpretation for your information.; You stated in your letter that you agree that doors may be counted a emergency exits, but only if the requirements of S5.2.1.1 are met. In other words, the only time doors can be counted as emergency exits in your opinion is when a bus has at least one side door for every three designated seating positions. That statement reflects an incorrect interpretation of the requirements of section S5.2.; Section S5.2 of Standard No. 217 sets forth requirements for th provision of emergency exits in buses. Section S5.2.1 contains the requirements applicable to buses with a gross vehicle weight rating in excess of 10,000 pounds. This is the group of vehicles your letter addresses. Section S5.2.1 requires that all buses provide side exits *and* at least one rear exit (a roof exit may be substituted for the rear exit). S5.2.1 places no limit on the types of openings that may be used as exits. As noted in my August 18 interpretation, the agency has never stated that doors could not be counted as side exits, provided that they met all other requirements applicable to emergency exits. Section S5.2.1.1 allows, as an alternative to complying with the requirements for side exits and a rear exit, the exclusive use of side doors as emergency exits. Under section S5.2.1.1, buses may be equipped with one side door for every three designated seating positions. This section in no way limits the availability of side doors as side exits under section S5.2.1, it merely adds a special case for buses not equipped with a rear exit or roof exit.; You went on to state your opinion that a particular manufacturer's bu does not comply with the requirements of section S5.2, because the door designated as an emergency exit does not satisfy the requirements applicable to emergency exits. I am sure that you understand it is impossible for this agency to determine, based on photographs and a description of the bus, whether a bus certified as complying with those requirements in fact does not comply. Our enforcement personnel will specifically check one of these buses to ensure that they do comply with Standard No. 217.; I thank you for your efforts to ensure the safety of bus passengers and hope that you will contact us again if you believe that some model of bus fails to comply with the requirements of a Federal standard. The cooperation of State officials is essential to this agency's efforts to improve safety on the public roads.; Sincerely, Frank Berndt, Chief Counsel