Interpretation ID: 7021
Chief, Pupil Transportation
Maryland State Department of Education
Office of Administration and Finance
200 West Baltimore Street
Baltimore, MD 21201
Dear Mr. Alexander:
This responds to your letter of February 18, 1992 requesting confirmation "that forward-facing wheelchairs on school buses do not need a crash barrier located forward of each wheelchair position." As explained below, your understanding is correct.
Section S5.2 of Standard No. 222, School bus passenger seating and crash protection, requires "a restraining barrier forward of any designated seating position that does not have the rear surface of another school bus passenger seat within 24 inches of its seating reference point." Under S5.2.1, the rear surface of the restraining barrier must be within a distance of 24 inches or less from the seating reference point.
Standard No. 222's requirement for a restraining barrier does not apply to wheelchair positions. First, a wheelchair position is not technically a "designated seating position," as that term is defined in 49 CFR 571.3. Second, Standard No. 222's seating requirements apply only to "school bus passenger seats." See S1 of Standard No. 222. The term "school bus passenger seat" is defined in S4 as "a seat in a school bus, other than the driver's seat or a seat installed to accommodate handicapped or convalescent passengers."
I would also note that installing a crash barrier forward of a wheelchair securement location in compliance with S5.2.1 would appear to be impractical. First, the seating reference point could move depending on the type of wheelchair secured at the location. Second, many wheelchairs would not fit behind a restraining barrier complying with S5.2.1 as some are longer than 24 inches forward of the seating reference point.
While the current requirements of Standard No. 222 do not have any requirements for wheelchair securement locations, NHTSA is concerned about providing crash protection for all students on school buses. NHTSA has recently published a notice of proposed rulemaking concerning requirements for wheelchair securement devices and occupant restraint systems on school buses. The notice proposed amending Standard No. 222 to include minimum strength and location requirements for the anchorages for securement and restraint devices and minimum strength requirements for the securement and restraint devices themselves. This notice did not, however, propose to require a restraining barrier forward of wheelchair securement locations. I am enclosing a copy of the notice for your information.
I hope you find this information helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992.
Sincerely,
Paul Jackson Rice Chief Counsel
Enclosure ref:222 d:3/19/92