Interpretation ID: nht76-2.14

DATE: 02/13/76

FROM: AUTHOR UNAVAILABLE; James B. Gregory; NHTSA

TO: Hon. J. E. Moss - H.O.R.

TITLE: FMVSS INTERPRETATION

TEXT: Thank you for your January 19, 1976, letter asking for further explanation of the National Highway Traffic Safety Administration's (NHTSA) position on a school bus seating standard that specifies both passive compartmentalization and the installation of seat belt anchorages.

The NHTSA has issued its school bus seating standard (Standard No. 222, School Bus Seating and Crash Protection) in a form that requires compartmentalization of vehicle occupants but does not require installation of seat belt anchorages. There is not sufficient information in the record on which to determine what percentage of school districts would utilize seat belts. The limited evidence available to the NHTSA indicates that only a small fraction of school buses would have belts installed and properly used, and that the decision to mandate seat belt anchorage installation should await further information as to the extent to which belts would be installed and properly used.

The issue of whether the NHTSA is on "safe legal ground in mandating a requirement that in itself does not contribute to motor vehicle safety but requires further action on the part of local officials" has become less urgent in view of the standard's promulgation without anchorage requirements. I would like to respond generally that the NHTSA has always held the opinion in construing the National Traffic and Motor Vehicle Safety Act (the Act) that safety performance requirements that require further action by vehicle users are entirely appropriate. While some safety devices (such as bumpers) are in place and operate passively, most devices, (such as lights and seat belts) require occupant action to gain protection. Seat belt anchorages require more action than simple use to gain their benefits, but this does not appear to be a logally significant distinction. In this case, I decided that substantial controversy over the appropriateness and legality of this protection should not continue to create uncertainty over the ultimate form of the standard, endangering the ability of manufacturers to comply with Congress' maximum 9-month leadtime for upgrading school bus seating systems. We have, of course, left the issue of restraints in school buses.

While the decision on passive restraints could negate the value of seat belt training during the adult years, it should be noted the NHTSA is not proposing passive protection for the rear seats of passenger cars where children are encouraged to ride. They would need to use the seat belts provided to increase their protection in a crash.

SINCERELY,

CONGRESS OF THE UNITED STATES

HOUSE OF REPRESENTATIVES January 19, 1976

Dr. James B. Gregory Administrator National Highway Traffic Safety Administration

Thank you for your letter of January 13, 1976, explaining your position on mandatory seat belt anchorages for school bus seats.

Protecting children who ride school buses from the risk of injury is a critical need, well established by the passage of the Motor Vehicle and Schoolbus Safety Amendments of 1974. I would agree that a zero fatalities/zero injuries record is a reasonable goal for school bus safety. Moreover, a properly conceived seat belt system for school bus seats could potentially offer a high level of protection to the young occupants using them. At the same time, I am compelled to address further questions to you regarding the proposal to require seat belt anchorages alone.

I understand clearly that the idea of requiring seat belt anchorages is to facilitate efforts on the part of local school districts deciding to install belt restraints in new school buses they buy. Moreover, it is clear that if a seat belt system ever becomes mandatory in new buses, the existence of anchorages in older buses will aid school districts deciding to bring buses they already own up to the standard by retrofitting belts into their existing fleet. Finally, I can see the wisdom of seat belts in school buses for training purposes, if we continue to mandate active restraint systems in passenger vehicles generally. Nonetheless, several questions concern me.

(1) Do you believe NHTSA to be on safe legal ground in mandating a requirement that in itself does not contribute to motor vehicle safety but requires further action on the part of local officials -- namely, having belts installed before the added safety feature becomes available for children to use?

(2) Is there evidence in the record of the rulemaking that school districts intend to exercise their option to have belt systems installed once the anchorages become available? If not, how is it possible to justify even the minor cost of this requirement given the absence of any projected benefits?

(3) Regarding the educational value of belt use in school buses, won't the need for this training decline over the next few years if passive restraints are mandatory for new passenger vehicles and gradually introduced into the vehicle population as new cars replace old ones?

I support entirely the "passive protection" approach reflected in the balance of the proposed standard as far as it goes and believe it will offer substantial additional protection to children riding buses. This approach makes particular sense if NHTSA decides to mandate passive restraints in all new passenger vehicles.

On the other hand, if active restraints -- in particular seat belt systems -- continue to be required for the general vehicle population, then it makes sense in school buses to mandate not just anchorages but appropriate and usable belt systems. An appropriate system is one that uses retractors so that belts are self-adjusting in use and stay clean when not in use; that has buckles located in or near the seat fold so that the heavy part of the buckle cannot be wielded in horseplay; and one that will target the child's head against a safe surface if the bus abruptly comes to a halt or crashes.

In short, if we are to protect the integrity of the NHTSA regulatory program, then we should be hesitant to introduce requirements such as this, which offer extremely marginal benefits at best, even by the most favorable analysis.

I have further questions relating to this rulemaking -- particularly whether it adequately meets the mandate established by the Congress in the 1974 Amendments. These questions are perhaps more substantial than the anchorage issue; however, the sufficiency of the balance of the standard is a question I will reserve for the Subcommittee's oversight hearing on NHTSA tentatively scheduled for February 6, 1976.

Thank you for your attention to the questions this letter raises.

JOHN E. MOSS Chairman Oversight and Investigations Subcommittee