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Interpretation ID: 1984-4.10

TYPE: INTERPRETATION-NHTSA

DATE: 12/20/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Illinois Department of Transportation

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your letters to the National Highway Traffic Safety Administration (NHTSA) concerning Federal Motor Vehicle Safety Standard (FMVSS) No. 222, School Bus Seating and Passenger Protection, and FMVSS No. 217, Bus Window Retention and Release. Please accept our apology for the delay in responding to your inquiry.

Your first question concerned your interpretation of FMVSS No. 222. You stated that Illinois has told school bus sellers and users that an aisle facing seat may not be installed in vehicles characterized by your state as Type I school buses (GVWR of 10,000 pounds or more), unless the seat is necessary in order to accommodate a handicapped or convalescent student passenger. Moreover, your state determined that aisle facing seats "installed to make room for passage or transport of wheelchairs" will not be allowed. You asked whether your state has correctly interpreted the requirements of Standard No. 222.

Standard No. 222 exempts from its requirements aisle facing seats which are installed to accommodate handicapped or convalescent passengers. The term "installed to accommodate handicapped or convalescent passengers" includes seats installed longitudinally to provide space for moving wheelchairs through the aisles. Thus, our interpretation of the word "accommodate" is broader than that of Illinois.

We would like to point out that a state requirement that regulates the same aspect of performance as a Federal safety standard is preempted under @ 103(d) of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C 1381 et seq.), unless the state standard is identical. A state standard which disallows aisle facing seats installed to accommodate the handicapped regulates the same aspect of performance, i.e., seat orientation, as FMVSS No. 222, and would be preempted under @ 103(d).

Your second question stated your understanding that the forward facing requirement in Section 5.1 of FMVSS No. 222 does not apply to aisle facing seats in school buses characterized by Illinois as "Type II" school buses (GVWR of 10,000 pounds or less). You have told school bus sellers and users that aisle facing seats may be installed in Type II school buses for use by any student passenger. You asked whether your interpretation of the standard is correct.

The answer to your question is that the language of Standard No. 222 does not require school bus passenger seats on a school bus with a GVWR less than 10,000 pounds to be forward facing. The requirement for forward facing seats found in S5.1 was not included in S5(b), the section that lists the requirements that smaller school buses must meet.

Your third question concerned the applicability of FMVSS No. 222 to aisle facing seats on school buses with a GVWR of 10,000 pounds or less (your "Type II" school bus). As discussed earlier, Standard No. 222 excludes aisle facing seats installed to accommodate handicapped or convalescent passengers from the definition of "school bus passenger seat." Since the performance requirements of the standard that are specified in S5.1.2, S5.1.3, S5.1.4, S5.1.5, and S5.3, are expressed in reference to the "school bus passenger seats," the requirements do not apply to aisle facing seats which are installed solely to accommodate handicapped passengers. However, Standard No. 222 does require that the applicable specifications of Standard Nos. 208, Occupant Crash Protection, 209, Seat Belt Assemblies, and 210, Seat Belt Assembly Anchorages, be met "at all seating positions other than the driver's seat." Therefore, the agency concludes that aisle facing seats must have seat belts and anchorages that comply with the applicable requirements of these standards.

Your fourth question concerned FMVSS No. 217, Bus Window Retention and Release, and the use of "theater" type seat cushions. You described that type of seat cushion as containing a hinge near the seat back which allows the cushion to swing up against the seat back. The first part of the question asked whether this type of seat cushion would be allowed by the Federal safety standards. The answer is that the safety standards would not prohibit the use of these folding seats if such seats meet all applicable performance requirements.

The second part of the question asked whether the use of "theater" type seat cushions eliminates the requirements of S5.4.2.1(b) that a vertical transverse plane tangent to the rearmost point of a seat back pass through the forward edge of a side emergency door. The answer is no. As indicated above, folding seats may be used only if they meet all of the standard's applicable requirements.

The third part of the question asked, "How much, if any, forward and/or rearward variation from perfect coincidence of the plane and the door edge does NHTSA deem to be reasonable?" The answer is that no variation from the requirements of the standard is permissible.

The fourth part of the question concerns S5.4.2.1(b) of Standard No. 217 as it applies to your "Type I" and "Type II" school buses. Paragraph S5.4.2.1(b) states that a vertical transverse plane tangent to the rearmost point of a seat back shall pass through the forward edge of a side emergency door. You asked whether the transverse plane may be positioned 4 to 12 inches forward of the forward edge of the emergency door. The standard specifies that the plane shall pass through the forward edge of the side emergency door and thus no variation is permissible.

You requested copies of previous interpretations made by the agency concerning school bus seating. These interpretations may be obtained from NHTSA's Docket Section, Room 5109, 400 Seventh Street, S.W., Washington, D.C. 20590. We will forward your request to them.

SINCERELY,

Illinois Department of Transportation

OCC-1254

September 24, 1984

Frank A. Berndt Chief Counsel National Highway Traffic Safety Administration

Dear Mr. Berndt:

Earlier this year during a telephone conversation our Standards Engineer (M. Post) asked Mr. Robert Williams, of your Crash - Worthiness Division, a few questions about requirements of Federal Motor Vehicle Safety Standards governing school bus seating. Mr. Williams said such questions should be submitted to the Chief Counsel's Office and suggested they be sent to your attention. Last May I addressed and sent the attached letter but have received no reply.

When should I expect a reply?

Melvin H. Smith Governor's Representative for Highway Safety

ATTACH.

REF. OCC-662

Illinois Department of Transportation

May 21, 1984

Chief Counsel National Highway Traffic Safety Administration

Attention Frank Berndt

Dear Mr. Berndt:

Except for certain transit, interurban, charter, and shuttle buses, Illinois standards for Type I school buses (GVWR more than 10,000 pounds) and Type II school buses (GVWR 10,000 pounds or less) apply to vehicles owned or operated by or for a school and designed to carry more than ten persons. These Illinois standards include, by reference, each federal motor vehicle safety standard (FMVSS -- 49 CFR 571) that applies to school bus. The State owns very few, if any, school buses, but each school bus registered in the State must conform to State school bus rules and standards. Under 15 USC 1392(d) our State requirements for school bus seats must be identical to federal requirements stated in applicable FMVSS.

1. Each Illinois school bus must have an aisle extending from front service entrance area to rear emergency exit. Because of the forward facing and limited spacing requirements in FMVSS 222, S5.1 and S5.2, we have told school bus sellers and users an aisle facing seat may NOT be installed in a Type I school bus unless the seat is required to accommodate a handicapped or convalescent student passenger who uses that aisle facing seat. (See definition of school bus passenger seat in FMVSS 222, S4.) For example, an aisle facing seat may be installed to accommodate a student with limited knee movement who cannot sit in forward facing seat close behind barrier or seat back. In Type I school buses we have disallowed aisle facing seat(s) installed to make room for passage or transport of wheelchairs because the aisle facing seat(s) would accommodate, or seat, either normal student passengers or student passengers not requiring the extra space because of limited knee movement or other handicap. The transportation of handicapped student(s) shall NOT be used to deny any other student in a Type I school bus the full protection of a forward facing seat conforming to FMVSS 222. Are these correct interpretations of FMVSS 222 requirements?

2. Because the forward facing requirement in S5.1 and the limited spacing requirement in S5.2 do not apply to Type II school buses we have told school bus sellers and users aisle facing seat(s) may be installed in Type II school buses for use by any student passenger. In some Type II school buses ALL seats face the aisle. Is "aisle facing seat for any student in Type II school bus" a correct interpretation of FMVSS 222?

3. Recently, additional questions have arisen. In a Type II school bus (GVWR 10,000 pounds or less) does FMVSS 222:

a. Require seat belts at each seating position, including seating positions on aisle facing seats?

b. Require seat belts and anchors meet requirements of FMVSS 209 and 210 at each seating position on aisle facing seat?

c. Require aisle facing seat meet requirements of S5.1.2. S5.1.3, S5.1.4 and/or S5.1.5?

d. Require an aisle facing seat be equipped with a seat back?

e. Require S5.3.1 and/or S5.3.2 be met in a zone between each seating reference point of aisle facing seat and the seat(s) or other object(s) across the aisle, or require S5.3.1 and/or S5.3.2 be met in a zone between the forwardmost seating reference point of an aisle facing seat and the seat or other object(s) forward of that seating reference point?

f. Require that S5.3.1 or S5.3.2, or both, or neither, be complied with in the case of an aisle facing seat?

4. Both Type I and Type II school buses in Illinois have been equipped with one or more "theater" type seat cushions. This type cushion is arranged with a hinge near the seatback allowing the seating surface of the cushion to swing up against the seatback. The cushion might swing up automatically, under action of spring(s), or might require manual raising and securing into the "up" position. The "theater" type cushion has been used on forward facing seat adjacent to side emergency door and also on forward facing or aisle facing seat(s) in other locations to provide optional use of space either for seating (cushion down) or for wheelchair (cushion up).

a. Do FMVSS either allow or disallow the "theater" type seat cushion?

b. Does the presence of "theater" type seat cushion eliminate the requirement in FMVSS 217, S5.4.2.1(b), for a vertical transverse plane tangent to the rearmost point of a seat back to pass through forward edge of side emergency door?

c. How much, if any, forward and/or rearward variation from perfect coincidence of the plane and the door edge does NHTSA deem to be reasonable?

d. Does FMVSS 217, S5.4.2.1(b), merely require the forward edge of door be located at or rearward of the plane; i.e., allow the plane to be 4 -- 12 inches forward of forward edge of door? (This condition has been observed on school bus certified under 49 CFR 567 without "theater" type seat cushion.)

Thank you very much for answering these questions. We would also appreciate your providing us with any available earlier interpretations of the FMVSS's governing school bus seating.

Melvin Smith, Governor's Representative for Highway Safety