ÿWPC, ûÿ2BÿÿVPÿÿZ¦ÿÿ#|x10cpiðÿÿ‰?xxx,Ûwôxþ6X@É“8Ç;X@þþþþþþþÿþÿÿÿþÿÿþÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿHP LaserJet IIIHPLASIII.PRSÛx Œ @ɇÏ,\,ðÛbˆX@#|xûÿ2ø:VH ZžÿÿJCourier 10cpiðÿÿ‰?xxx,Èôxþ6X@É“8Ç;X@þþþþþþþÿþÿÿÿþÿÿþÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿHP LaserJet IIIHPLASIII.PRSÛx Œ @ɇÏ,\,ðÛbˆX@ûÿ2*Áà4ìÁTITLE 49, CODE OF FEDERAL REGULATIONS, CHAPTER IIIƒ Áàxì!Á(Oct. 1993 edition)ƒ Appendix A to Subchapter B -- Interpretations Ch. III, Subch. B, App. A Standee Warning Signs [Interpretation No. 70 - 2] It has come to the attention of the Director of the Bureau of Motor Carrier Safety that common and contract carriers of passengers using equipment subject to ÀÀ 393.90 of the Federal Motor Carrier Safety Regulations may be inadvertently operating vehicles which do not comply with that section. Section 393.90 applies generally to buses, other than buses being transported in driveaway-towaway operations, in which it is possible for passengers to stand in proximity to the driver's seat and on the same level as the driver, thereby blocking his view and his ability to operate essential controls. The rule requires those buses to be marked with a line, marking the forwardmost point at which passengers may safely stand, and to have a sign warning passengers that the Federal Highway Administration's regulations prohibit them from standing in the area demarcated by the line. Investigation has disclosed that there are some buses now being operated that do not have a conforming sign (some have signs referring to regulations of the Interstate Commerce Commission) and that, in some cases, newly manufactured buses are being delivered to carriers without the sign specified in ÀÀ 393.90. It also appears that, in the vast majority of cases, the violation of the Federal Motor Carrier Safety Regulations was neither deliberate nor willful, but was the result of failure to keep apprised of changes in the language of the section that were made in December 1967 (32 FR 17968). Hence, the Director has determined that no immediate enforcement action should be taken against carriers merely because their buses have warning signs that do not conform to ÀÀ 393.90. After January 1, 1971, however, failure to conform to ÀÀ 393.90 in that respect will no longer be regarded as inadvertent or excusable. Violations of ÀÀ 393.90 discovered after that date will be the subject of appropriate enforcement action. For the guidance of carriers, the Director advises that the following language, while not mandatory, will be deemed to comply with ÀÀ 393.90's requirements insofar as they relate to the wording of the required sign: For Passenger Safety, Federal Law Prohibits Operation of This Bus While Anyone Is Standing Forward of the [line or other means of identifying the prohibited area]. (35 FR 14842, Sept. 24, 1970) Ôh)0*0*0*°°ÔŒ[Interpretation No. 70 - 3] Section 393.95(a) of the Federal Motor Carrier Safety Regulations requires certain commercial motor vehicles to be equipped with a fire extinguisher that is ``* * * designed, constructed, and maintained to permit visual determination of whether it is fully charged.'' The Bureau of Motor Carrier Safety has responded in the following manner to inquiries concerning the visual determination requirement in relation to three basic types of hand portable extinguishers commonly installed in commercial vehicles: stored pressure and cartridge types of dry chemical extinguishers and carbon dioxide extinguishers. 1. A stored pressure type dry chemical fire extinguisher complies with the visual determination requirement if the unit has (a) either a gauge or similar device indicating the pressure in the unit; or (b) a seal that is used to retain pressure in the unit, that is accessible without the use of tools, and that would be broken if the unit were discharged. 2. In the case of a fire extinguisher having a cartridge of compressed gas to expel its dry chemical extinguishing agent, a seal that would be broken if the cartridge is not fully charged would be a sufficient indicator of the condition of the cartridge. In that event, however, it must be possible to examine the seal or to remove the cartridge for examination of the seal without the use of tools. There must also be a means of determining whether the extinguisher is fully charged with extinguishing agent. A gauge or similar device may also be employed to comply with the visual determination requirement. 3. A carbon dioxide type of fire extinguisher would comply if it had either a gauge or similar device, indicating the interiorÔh)0*0*0*°°Ô pressure, or a visible seal which would be broken upon discharge of the unit's contents. A fire extinguisher does not comply with the visual determination requirement merely because its operating mechanism is sealed in some manner. A broken seal would indicate only that the mechanism had been manipulated, but it would not necessarily show whether the extinguisher is fully charged. Finally, an extinguisher which must be weighed to determine whether it is fully charged does not comply with the visual determination requirement. The foregoing rulings are intended merely to represent instances of specific application of the visual determination requirement. They do not purport to prohibit methods of compliance which are not specifically discussed herein. (35 FR 19183, Dec. 18, 1970) [Interpretation No. 5] A manufacturer of commercial motor vehicles has advised the Bureau that it is developing a digital instrument readout system. In the system, readouts of the gauges that monitor certain vehicle systems, specifically road speed and engine revolutions per minute, are displayed on the driver's instrument panel continuously. Other gauge readouts are displayed on a third, multi-use digital screen only when selected by the driver. Among the functions in the latter category are oil pressure and primary air pressure in the vehicle's brake system. If the service brake air pressure drops below 60 psi, however, certain warning systems (a red light and a buzzer) are automatically activated, and the primary air pressure level automatically registers on the display panel, overriding any other readouts the driver may have selected. The manufacturer has asked whether the system, as described, may lawfully be used in a vehicle operated by a commercial motor carrier operating in interstate or foreign commerce and subject to the Federal Motor Carrier Safety Regulations. Of specific concern are the provisions of ÀÀ 393.51(c)(2) of the Regulations which provide that a motor vehicle equipped with an air brake system must have ``a pressure gauge which indicates to the driver the pressure in pounds per square inch available for braking.'' It is the view of the Bureau of Motor Carrier Safety that the Federal Motor Carrier Safety Regulations permit the operation of a vehicle equipped with the described instrument readout system as long as two conditions are met: First, the driver must be able to monitor air pressure on the display panel whenever he elects to do so; Second, the system must automatically display to the driver the primary air pressure in pounds per square inch available for braking whenever that pressure drops below one-half of the compressor governor cutout pressure. In the case of such a pressureÔh)0*0*0*°°Ô drop, the display of air pressure must override any other display shown on the panel. The basic features of this interpretation hold good for motor vehicles equipped with vacuum brakes, except that the cutoff point below which the vacuum in the vehicle's supply reservoir must be automatically displayed is 8 inches of mercury. See ÀÀ 393.51(d) of the regulations (49 CFR 393.51(d)). The Bureau has also given consideration to the use of an instrument panel providing non-continuous display of vehicle speed. It is the Bureau's tentative view that ÀÀ 393.82 of the Federal Motor Carrier Safety regulations, 49 CFR 393.82, requires that the vehicle's speed in miles per hour must be continuously displayed to the driver while the vehicle is in operation. Hence, a system in which the speedometer readout would be available to the driver only upon exercise of his election (as by pressing a designated button) would not conform to the requirements of ÀÀ 393.82. (39 FR 804, Jan. 4, 1974) dimensional requirements for sleeper berth exits [Interpretation 75 - 6] Section 393.76 required an exit into the cab from all sleepers installed after December 31, 1952. Before the most recent amendment to ÀÀ 393.76, this requirement was found in paragraph (h)(1), the last sentence of which specified that the exit into the cab ``shall comply with the requirements of paragraph (a) of this section [ ÀÀ 393.76].'' The regulation required that sleeper berths installed between December 31, 1952, and January 1, 1963, have exits into the cab of sufficient size to contain an ellipse having a major axis of 24 inches and a minor axis of 16 inches. Sleeper berths installed after December 31, 1962, were required to have an exit at least 18 inches high and 36 inches wide between the berth and the driving seat. The amendment to ÀÀ 393.76 was issued on April 16, 1974, to increase the minimum interior height and width of sleeper berths installed in vehicles manufactured after September 31, 1975. While the amendment made no other changes to the requirements, the entire section was rewritten in an effort to make all of the requirements more easily understood. This amendment resulted in the discovery by several manufacturers that certain sleeper berths installed since December 31, 1962, are in violation of the regulation with regard to the size of the exit into the driver's compartment. Several thousand sleeper berths have been made and installed since January 1, 1963, in violation of the requirement.Ôh)0*0*0*°°Ô In many cases, compliance with the regulation would require cutting vertical structural members at the rear of the cab and constructing wider reinforcements. The cost of this modification, throughout the industry, would be considerable. In reviewing the situation, the Director has found no evidence that sleeper berths were manufactured, installed, and subsequently moved in interstate commerce in willful violation of the regulations. Several manufacturers have misinterpreted ÀÀ 393.76 and produced sleeper berths which were not in compliance with the regulation. The Director concludes that these berths do not pose a serious safety hazard on their occupants. The exit into the cab does meet the original dimensional requirements for an ellipse having a major axis of 24 inches and a minor axis of 16 inches. In addition, each berth has a ready exit at either end which is at least 18 inches high and 21 inches wide. Therefore, the Director finds that an exit into the cab from a sleeper berth installed between December 31, 1962, and April 1, 1976, is in compliance with ÀÀ 393.76, provided that the sleeper berth: (1) Has an exit into the driver's compartment of sufficient area to contain an ellipse having a major axis of 24 inches and a minor axis of 16 inches; and (2) Has at least 2 exits, each of which is at least 18 inches high and 21 inches wide, located at opposite ends of the berth and usable by the occupant without assistance by any other person. (40 FR 29723, July 15, 1975) definition of ``reasonable accuracy'' for speedometers [Interpretation No. 7] Section 393.82 requires a bus, truck or truck-tractor to be equipped with a speedometer which is operable with ``reasonable accuracy.'' The term ``reasonable accuracy'' is interpreted to mean accuracy to within plus or minus 5 m.p.h. at a speed of 50 m.p.h. It is felt that speedometer accuracy within these limits is sufficient for a professional driver to ascertain the true speed of the vehicle. This interpretation is based upon the following considerations: (1) The Society of Automotive Engineers' Recommended Practice J678d states that a new speedometer head under specified conditions shall read 8 to 12 m.p.h. at a true vehicle speed of 10 m.p.h., 30 to 33 m.p.h. at 30 m.p.h., and 60 to 63 m.p.h. at 60 m.p.h. Ôh) 0*0*0*°°ÔŒ (2) An alert driver should become aware of excessive speedometer variation on his vehicle a short time after beginning a trip. The best indication would be obtained by comparing the speed of the driver's own vehicle with that of the general traffic flow. Also, it is not unusual for a driver to estimate his speedometer accuracy on a long trip, by checking the elapsed time between the standard highway mileage markers. An elapsed time of one minute (60 seconds) or less, from one mile-post marker to the next would indicate a speed well above the legal 55 m.p.h. limit. For example, it should take a driver approximately 65 seconds to travel one mile at a speed of 55 m.p.h. (3) A variation greater than that recommended in paragraph (1) for establishing vehicle-in-use speedometer accuracy is needed because of the many factors which affect speedometer accuracy. These include ambient temperature, vibration and friction in the speedometer drive system, tire wear and load as they affect tire rolling radius, and age of and mileage on the vehicle. (4) As a general rule, speedometer inaccuracies tend to be on the ``high'' side rather than the ``low'' side. For example, if a speedometer is inaccurate, it usually indicates a speed which is greater than the speed at which the vehicle is actually traveling. In this situation, a driver is not likely to be unfairly ticketed for a speeding violation of abiding by the speed limit as indicated on the vehicle's speedometer. This rule-of-thumb speedometer accuracy interpretation shall not be construed to circumvent speed enforcement authority now vested in the several States, but it shall be a guide for concerned personnel in the field and on the highway in determining what they may expect from a speedometer. (41 FR 12228, Mar. 24, 1976) [35 FR 13517, Aug. 25, 1970 as amended at 35 FR 14842, Sept. 24, 1970; 35 FR 19183, Dec. 18, 1970; 36 FR 18401, Sept. 14, 1970; 39 FR 804, Jan. 4, 1974; 39 FR 32561, Sept. 9, 1974; 39 FR 35174, Sept. 30, 1974; 40 FR 29723, July 15, 1975; 41 FR 12228, Mar. 24, 1976; 42 FR 60078, Nov. 23, 1977]