Interpretation ID: 21124.drn

John A. Green, Supervisor
California Department of Education
Office of School Transportation
721 Capitol Mall
P. O. Box 944272
Sacramento, CA 94244-2720

Dear Mr. Green:

This responds to your letter asking about an Oceanside (California) Unified School District school bus modified with a product manufactured by Majestic Transportation Products, Ltd. , (Majestic) called the Safe-T-Bar passenger restraint system.

You explain that the Safe-T-Bar is a "heavily padded U-shaped bar similar to the type of restraint systems most commonly found on amusement park rides." Majestic asserts that "during a sudden stop, collision, or bus rollover - etc., a small weighted pendulum swings and engages a latch, locking the 'Safe-T-Bar' in the down position, thereby controlling and restraining the passenger within the padded seating area." You further inform us that Majestic and the Oceanside Unified School District are "cooperating" in testing the system on an Oceanside school bus. You do not describe how or what type of testing is being conducted, or whether school children are involved in the testing.

You asked that we respond to six questions. The questions address the safety of the Safe-T-Bar system and whether a school bus that has its passenger seats retrofitted with Safe-T-Bars would continue to meet Federal motor vehicle safety standards (FMVSS), including Standard No. 222, School Bus Passenger Seating and Crash Protection. Our answers are provided below. In addressing your questions, it might be helpful to have some background information on school bus crash protection.

In response to the Motor Vehicle and Schoolbus Safety Amendments of 1974, we issued a number of safety standards under the National Traffic and Motor Vehicle Safety Act (now codified at 49 U.S.C. 30101 et seq.) to improve protection of school bus passengers during crashes. One of these standards was Standard No. 222, which provides for passenger crash protection through a concept called "compartmentalization." Prior to issuance of Standard No. 222, we found that the school bus seat was a significant factor contributing to injury. We found that seats failed the passengers in three principal respects: by being too weak; too low; and too hostile. In response, we developed requirements to improve the performance of school bus seats and the overall crash protection of school buses. Those requirements comprise the "compartmentalization" approach we adopted for providing high levels of crash protection to school bus passengers.

Compartmentalization is directed toward ensuring that passengers are surrounded by high-backed, well-padded seats that both cushion and contain the children in a crash. If a seat is not compartmentalized by a seat back in front of it, compartmentalization must be provided by a restraining barrier. The seats and restraining barriers must be strong enough to maintain their integrity in a crash yet flexible enough to be capable of deflecting in a manner which absorbs the energy of the occupant.They must meet specified height requirements and be constructed, by use of substantial padding or other means, so that they provide protection when they are impacted by the head and legs of a passenger.

It is helpful to bear in mind the following highlights about compartmentalization:

With this background in mind, we now turn to your questions.

1.    Does testing of any product in an independent testing facility (other than [by] a manufacturer) certify that the product meets applicable FMVSS?

The answer is no. The manufacturer of a motor vehicle must certify that the vehicle meets applicable FMVSSs. Under 49 CFR Part 567, Certification, the motor vehicle manufacturer must "affix to each vehicle a label" that among other information, states: "This vehicle conforms to all applicable Federal motor vehicle safety standards in effect on the date of manufacture shown above." This statement is the certification.

Most items of the motor vehicle equipment that have applicable FMVSS are marked "DOT" to indicate that they meet the standards' requirements. Regarding certification to FMVSS requirements, independent testing laboratories sometimes provide services to vehicle and equipment manufacturers, including information and test data that support the manufacturers' certifications. However, testing by itself is neither a certification nor a substitute for certification.

2.    Does NHTSA certify independent testing facilities?

The answer is no. Any representation that NHTSA "certifies" or "approves" test laboratories or facilities to conduct compliance testing, or for any other purpose, would be misleading. I note that in its information to you, Majestic describes a testing facility that produced a "comprehensive seventy two page report" as a "federally approved collision testing facility." NHTSA has not approved the facility, or any other facility, to conduct compliance testing or for any other purpose.

3.    Does the Safe-T-Bar system conform to the Federal Motor Vehicle Safety Standards?

Because the Safe-T-Bar system is an item of equipment that is sold separately from a school bus, there are no safety standards that directly apply to it. Our safety standards for school buses apply to new, completed vehicles, not to separate components or systems. As such, Standard No. 222 does not apply to the Safe-T-Bar system, assuming the system is sold in the aftermarket and is not sold as part of a new school bus. A representation that a product meets crash protection standards that do not apply is misleading. ⁽¹⁾

If the Safe-T-Bar system were installed on new school buses, the vehicle would have to meet Standard No. 222 and the other school bus standards with the product installed. Without testing a vehicle, we cannot make a positive determination of whether the standard could be met with the product installed. However, as explained below, we believe that a new school bus may not be able to meet the standard with the Safe-T-Bar system. We have other safety concerns as well, apart from whether the requirements of Standard No. 222 could be met.

4.    Does the Safe-T-Bar system make inoperative the school bus's compliance with Standard No. 222?

Section 30122 of our statute prohibits a motor vehicle manufacturer, dealer, distributor, or repair business from installing any modification that "make[s] inoperative any part of a device or element of design installed on or in a motor vehicle in compliance with an applicable motor vehicle safety standard . . . ." Any person in the aforementioned categories that makes inoperative the compliance of a device or element of design on the vehicle would be subject to fines of up to $1,100 per violation and to injunctive relief.

The compartmentalization requirements of Standard No. 222 include requirements that a protective seat back must be provided to protect an unrestrained passenger. We are concerned about the continued compliance of a bus with a Safe-T-Bar installed with Standard No. 222's seat deflection and head and leg protection requirements.

5.    Does the Safe-T-Bar attachment to a school bus passenger seat back reduce or compromise the effectiveness of compartmentalization?

We believe it is possible that the incorporation of the Safe-T-Bar system into existing school bus seats would reduce the benefits of compartmentalization, and otherwise adversely affect safety. NHTSA has previously discussed compliance and other safety concerns applicable to similar devices, including the R-Bar, a padded restraining device designed to be mounted on the seat backs of school buses that folds down to restrain the passengers in the next rearward seat. In a letter of October 15, 1993 (copy enclosed), NHTSA summarized how it has addressed various compliance and safety issues applicable to devices similar to R-Bars and the Safe-T-Bar:

As we stated in a letter to Mr. Kenneth A. Gallo dated February 19, 1993, (copy enclosed) the agency believes that the concept of using "safety bars" as occupant retraining devices in school buses raises significant safety concerns, including whether the bar could result in excessive loads (e.g., abdominal, leg or chest) on occupants during a crash, as a result of contact between the bar and the occupants. We explained in a July 14, 1992, letter to you (copy enclosed) that the vehicle in which R-Bars are installed must meet the requirements of Standard No. 222 with the device in any position in which it may be placed. We have said that if a padded restraining device similar to the R-Bar is attached to the seat back, it becomes part of the seat and the device, as folded into its position, must not intrude into the leg protection zone described in S5.3.2 of Standard No. 222 (NHTSA letter of January 31, 1991, to Mr. Scott Hiler, enclosed). Also enclosed are NHTSA letters of March 10, 1989, and November 3, 1988, to Mr. Joseph Nikoll, which discuss issues concerning installation of "safety bars" in small school buses in addition to or in lieu of the seat belts required by Standard No. 208.

Standard No. 222 specifies a forward and a rearward push test on the seat back of a school bus seat. These tests are designed to require seat backs to deform in a controlled manner. For example, in a frontal crash, occupants will impact the seat back in front of their seating position. That seat back must deflect forward to absorb energy from the occupants, but not collapse so far as to cause injuries to passengers seated in front of it. Our crash statistics show that the compartmentalization concept supported by Standard No. 222 has been successful in protecting the students who ride on the nation's school buses.

The agency is concerned that the introduction of Safe-T-Bar type devices will adversely affect the protection provided by Standard No. 222. Using the same frontal crash example, these devices will likely place loads on the student's abdomen and force the upper torso to rotate around the bar, place strains on the student's spine, and allow the heads of larger students to strike the top of the seat back in front of them. In contrast, unrestrained passengers will translate forward into the seat back in front of them and distribute the load across their entire upper torso. Standard No. 222 requirements for head and leg protection, where compliance is demonstrated by impacting the seat back, result in seat designs that accommodate this type of loading.

In addition, Safe-T-Bar type devices can reduce and otherwise limit the living space between seats. In the event a seat back is loaded and deformed by the students in the rear seat, the students in the forward seat may be sandwiched between their seat back and the restraining device attached to the seat in front of them. Similar arguments may be made for rear end impacts.

6.    If a school bus were retrofitted with the Safe-T-Bar system, will the school bus continue to meet all applicable Federal motor vehicle safety standards?

Compartmentalization is intended to restrain passengers in a crash without seat belt assemblies or devices such as the Safe-T-Bar. As previously explained, we have concerns about a product that might interfere with the capability of a school bus to protect occupants.

For the above reasons, we believe that a school bus seating system with a bar system might reduce the crash protection provided in vehicles which meet the requirements of the Federal motor vehicle safety standards. There is limited information on how bar systems would perform in a crash or affect the current safety of school buses. We are undertaking a comprehensive school bus safety research program to evaluate better ways of retaining occupants in the seating compartment. As part of that program, we will be looking into possible ways of redesigning the school bus seat, as well as integrating a lap and shoulder belt into the seat that is compatible with compartmentalization. Also, we plan to conduct research on extra padding, not only for the seat itself but also for the bus side wall.

On a final note, we would like to point out that many of Oceanside's newer school buses may still be under the school bus manufacturer's warranty. Before Oceanside decides to retrofit any school bus with the Safe-T-Bar or a similar system, it may be prudent for the school district to share Majestic's information with the school bus manufacturer, and request a determination whether the school bus manufacturer will continue to honor applicable warranties if the Safe-T-Bar system were placed on school buses.

I hope this information is helpful. If you have any further questions, please feel free to contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Frank Seales, Jr.
Chief Counsel

Enclosures

ref:222
d.9/25/00

1. Regardless of whether a safety standard applies to the product, our statute at 49 U.S.C. 30120 requires manufacturers of motor vehicles and motor vehicle replacement equipment to notify owners and to provide remedies if it is determined their products have safety-related defects. If it were determined that the Safe-T-Bar systems had a safety-related defect, the manufacturer would have to notify all purchasers and repair or replace the defective item without charge.