Interpretation ID: 1982-2.3

DATE: 04/12/82

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Nebraska Department of Education

TITLE: FMVSS INTERPRETATION

TEXT:

APR 12 1982

NOA-30

Mr. Vernon J. Clark Transportation Supervisor Nebraska Department of Education 301 Centennial Mall South Box 94987 Lincoln, Nebraska 68509

Dear Mr. Clark:

This responds to your March 23, 1982, letter asking whether it is permissible to install side-facing seats in school buses designed to transport the handicapped. The answer to your question is yes.

Standard No. 222, School Bus Passenger Seating and Crash Protection, specifies the requirements for school bus passenger seats and, in general, requires those seats to be forward facing. However, the definition of "school bus passenger seat" in section S4 of the standard excludes seats installed to accommodate handicapped or convalescent passengers as evidenced by installing those seats longitudinally. Therefore, seats installed in the buses to which you refer in your letter need not comply with the school bus seat requirements if they are designed to accommodate the handicapped and are side facing.

We caution, however, that side-facing seats afford less protection than forward facing seats. Accordingly, only those seats necessary to accommodate the handicapped should be altered in this manner.

Sincerely,

Frank Berndt Chief Counsel

March 23, 1982

Mr. Roger Tilton Office of Chief Council National Highway Safety NTS 400 7th St. Washington, D. C. 20590

Dear Mr. Tilton:

We are interested in obtaining an opinion from your office regarding the placement of seats in a school bus used for transporting handicapped students. Is it legal or permissible to place a seat or seats in a longitudinal position to provide space for moving wheel chairs through the isles? We have several schools in our state that have a problem with this and are requesting permission to make these alterations.

I would appreciate any information you could give me on this matter as soon as possible.

Sincerely,

VERNON J. CLARK Transportation Supervisor

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