Interpretation ID: 3134o
Vice President
Transportation Equipment Corp.
712 North Van Buren Way
Hopkins, MN 55343
Dear Mr. Mikoll:
This responds to your recent request for confirmation of your understanding that school buses with a gross vehicle weight rating (GVWR) of 10,000 pounds or less would comply with the existing requirements of the safety standards if those buses were equipped with a new occupant protection device your company is considering producing. As explained below, this device could not be installed in small school buses as a substitute for safety belts at those seating positions. Assuming those seating positions are equipped with safety belts, the seating positions could also be equipped with this device if the addition of the device does not prevent the safety belts from complying with the requirements of the safety standards.
The new device you are considering producing is a "safety bar." This bar consists, in part, of two curved metal poles in planes that are parallel to the longitudinal centerline of the bus. These curved poles are joined by three cross members that are parallel to the seat and are covered with padding. The padded surface is angled at the top slightly back from the vertical. The curved metal poles are attached to the outside of the seat in front of the seat whose occupants will be protected by the "safety bar," so that the padded surface extends over the entire width of the seat whose occupants it is designed to protect. When the seat whose occupants are to be protected by this "safety bar" is unoccupied, the padded surface rests approximately on the latitudinal centerline of the seat. When an occupant wishes to be seated, he or she must lift the "safety bar" and then sit down. The "safety bar" will then rest on the occupant's thighs. Additionally, a special strap that resembles a very long seat belt assembly must be fastened around the safety bar to hold it in position in the event of a crash.
The crash protection requirements for school buses with a GVWR of 10,000 pounds or less are set forth in S5(b) of Standard No. 222, School Bus Passenger Seating and Crash Protection (49 CFR /571.222). That section provides that these school buses must be capable of meeting the requirements of Standard No. 208, Occupant Crash Protection (49 CFR /571.208) as it applies to multipurpose passenger vehicles, at all seating positions other than the driver's seat.
The requirements of Standard No. 208 that apply to multipurpose passenger vehicles with a GVWR of 10,000 pounds or less are set forth in section S4.2 of Standard No. 208. That section specifies that multipurpose passenger vehicles with a GVWR of 10,000 pounds or less shall meet the requirements specified for passenger cars in either S4.1.2.1, S4.1.2.2, or S4.1.2.3 of Standard No. 208. Each of these three subsections of S4.1.2 requires each rear designated seating position to be equipped with a safety belt. S4.1.2 gives manufacturers the option of substituting a protection system "that requires no action by vehicle occupants" for a safety belt at any or all rear designated seating positions.
Your proposed "safety bar" requires two specific actions by vehicle occupants; i.e., lifting the bar so that the seat can be occupied and buckling the strap to hold the bar in place. Therefore, the "safety bar" could not be considered a protection system that "requires no action by vehicle occupants," for the purposes of S4.1.2 of Standard No. 208. Accordingly, each rear designated seating position in small school buses equipped with this "safety bar" must also be equipped with safety belts.
Assuming that these seating positions were equipped with safety belts, the installation of "safety bars" in small school buses would be a voluntary action on the part of the school bus manufacturer. NHTSA has said in several prior interpretation letters that the systems or components installed in addition to required safety systems are not required to meet Federal safety standards, provided that the additional components or systems do not destroy the ability of required systems (the safety belts in this case) to comply with the Federal safety standards. If this is the case, the "safety bars" could be provided as a supplement to safety belts on small school buses.
To install these "safety bars" in any new school bus, the manufacturer would have to certify that a bus with the "safety bars" installed complied with the impact zone requirements set forth in S5.3 of Standard No. 222. Thus, if any part of the "safety bar" was within the head protection zone or leg protection zone, the "safety bar" would have to be certified as complying with the applicable requirements of S5.3. Additionally, the manufacturer would have to certify that the school buses with these "safety bars" installed complied with Standard No. 217, Bus Window Retention and Release (49 CFR /571.217). Standard No. 217 requires school buses to be equipped with emergency exits of a minimum size. This means the "safety bars" could not obstruct emergency exits located adjacent to seats.
If you decide to manufacture these "safety bars," your company will be a manufacturer of motor vehicle equipment within the meaning of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.). As such, you will have several responsibilities, including the responsibility specified in sections 151-159 of the Safety Act (15 U.S.C. 1411-1419) to conduct a notification and remedy campaign if your company or the agency determines either that the safety bar contains a defect related to motor vehicle safety or that it does not comply with an applicable safety standard. A copy of an information sheet is enclosed, which describes briefly this and other statutory and regulatory responsibilities of manufacturers and explains how to obtain copies of our regulations.
Please let me know if you have any further questions or need additional information.
Sincerely,
Erika Z. Jones Chief Counsel
Enclosure
/ref:208#222 d:ll/3/88