Interpretation ID: aiam2193
Chairman
Subcommittee on Oversight and Investigations
Committee on Interstate and Foreign Commerce
House of Representatives
Washington
DC 20515;
Dear Mr. Moss: Thank you for your January 19, 1976, letter asking for furthe 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 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 legally 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 sea 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, James B. Gregory, Administrator