Interpretation ID: 1984-1.27

TYPE: INTERPRETATION-NHTSA

DATE: 03/21/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Talbott Associates Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

Terry D. Day, P.E. Talbott Associates Inc. 7 S.E. 97th Avenue Portland, Oregon 97216-2498

Dear Mr. Day:

This responds to your letter to this office asking for an interpretation of Federal Motor Vehicle Safety Standard No. 208, Occupant Crash Protection (49 CFR S571-208). Specifically, you asked if Standard No. 208 requires that all bus passengers be restrained from ejection in the event of a rollover which is severe enough to destroy the integrity of the passenger compartment. Standard No. 208 specifies that the designated seating position for the driver must offer full automatic protection for the occupant in those circumstances or that the seating position must be equipped with a seat belt assembly that conforms to the requirements of Standard No. 209, Seat Belt Assemblies. No requirements are specified for the other designated seating position on the bus.

Section S4.4 of Standard No. 208 specifies the protection which buses must afford the occupants, and allows the bus to comply with one of two protection requirements. The first option, set forth in section S4.4.1, is for the vehicle to meet the crash protection requirements set forth in section S5 of the standard (which include restraining the occupant from ejection in the event of a rollover) by means that require no action by the vehicle occupant. This requirement, however, must be met only with respect to an anthropomorphic test device in the driver's designated seating position. The second option, as specified in section S4.4.2, is for the vehicle to be equipped with either a Type 1 or a Type 2 seat belt assembly that conforms to Standard No. 209. Again, this option applies only to the driver's designated seating position. Neither of these options sets forth any requirements applicable to any other designated seating position in the bus.

Please feel free to contact me should you have any further questions or need more information on this subject.

Sincerely,

Frank Berndt Chief Counsel

January 10, 1984 TAI File 830203

Legal Counsel, FMVSS 208 NHTSA U.S. Department of Transportation 400 Seventh St., S.W. Washington, D.C. 20590

Dear Sirs:

I would like the legal interpretation of FMVSS 208, S6.1 as required by S5.3, Rollover. Specifically, my question is,

"Does S6.1 require that all passengers of a chartertype bus, transit bus, or school bus (e.g., multipurpose passenger vehicle with GVWR of more than 10,000 lb.) be restrained from ejection in the event of a rollover which is severe enough to destroy the integrity of the passenger compartment."

I am working on behalf of a bus manufacturing client who is concerned the present "compartmentalization concept" of restraint is insufficient to meet S6.1 under the above conditions. Your response in this matter is appreciated.

Very truly yours,

TALBOTT ASSOCIATES INC.

Terry D. Day, P.E.

TDD/sv