Interpretation ID: 1985-02.11

TYPE: INTERPRETATION-NHTSA

DATE: 04/08/85

FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA

TO: Mr. Troy C. Martin

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Troy C. Martin Specifications Chief State Purchasing and General Services Commission P.0. Box 13047 Capitol Station Lyndon Baines Johnson State Office Building Austin, Texas 78711-3047

Dear Mr. Martin:

This responds to your January 24, 1985 letter to the National Highway Traffic Safety Administration (NHTSA) asking about our school bus-safety standards.

Your first question asked whether a bus manufactured to accommodate 7 passengers and 3 wheelchair positions and to be used for carrying students would be classified as a school bus. The answer to your question is yes. Whether a vehicle is a school bus depends on the seating capacity of the vehicle. NHTSA determines the seating capacity of a motor vehicle by identifying the number of designated seating positions, as defined in 49 CFR Part 571.3, in the vehicle. "Designated seating position" is defined as:

any plan view location capable of accommodating a person at least as large as a 5th percentile adult female, if the overall seat configuration and design and vehicle design is such that the position is likely to be used as a seating position while the vehicle is in motion, except for auxiliary seating accommodations such as temporary or folding jump seats....

Consistent with this definition, we have also counted positions designed to accommodate wheelchairs in determining vehicle seating capacity for the determination of vehicle classification. Since your vehicle carries 10 passengers plus a driver, for a total of 11 persons, it is a school bus under Part 571.3 of our regulations.

The second part of this question asked whether this vehicle would be required to comply with the seating requirements of FMVSS No. 222. The answer is yes. Each new school bus must comply with all applicable requirements of Standard No. 222. Some different requirements apply to school buses having gross vehicle weight ratings (GVWR) of 10,000 pounds or less, than to school buses with GVWR's greater than 10,000 pounds. For example, the seat spacing requirements of Standard No. 222 do not apply to the lighter school buses, since these vehicles are required to have safety belts.

Your second question asked whether a vehicle manufactured to carry 9 student passengers would be classified as a school bus. The answer is no. Such a vehicle does not have the passenger capacity of a bus, and is thus not a school bus. Although the school bus safety standards would not apply to this vehicle, it would have to meet the standards set for a multipurpose passenger vehicle.

Your third and fourth questions concerned side facing seats for handicapped passengers. You first asked whether seat barriers must be placed forward and rearward of a side facing seat, when the seat is positioned between rows of forward facing seats.

I assume that you are concerned with buses having GVWR's greater than 10,000 pounds, since the seat spacing requirements of S5.2 of Standard No. 222 apply only to these heavier school buses. In a preamble to a July 12, 1976, Federal Register notice (41 FR 28506), the agency determined that the seat spacing requirements of S5.2 are not appropriate for side facing seats designed to accommodate handicapped or convalescent passengers. Therefore, a restraining barrier is not required forward of a side facing seat. However, a restraining barrier must be provided rearward of any side facing seat that has a forward facing seat next to it, in order to compartmentalize the passengers in the forward facing seat.

Your fourth question assumed that S5.2 applied to side facing seats. You asked whether the back of a forward facing seat positioned in front of a side facing seat could be used to meet the barrier requirements of S5.2. As discussed above, S5.2 does not apply to side facing seats.

Your fifth question asked whether safety belts are required for side facing seats on school buses with GVWR's of 10,000 pounds or less, and on school buses with GVWR' s greater than 10,000 pounds. For school buses with GVWR's of 10,000 pounds or less, Standard No. 222 requires that the applicable specifications of Standard Nos. 208, 209, and 210, be met "at all seating positions other than the driver's seat." Thus each seating position in a small school bus must have a safety belt and anchorages that comply with the applicable requirements of those standards. Side facing seats on the heavier school buses are not required to have safety belts.

Your sixth question asked if we have information on the use of shoulder straps and harnesses with lap belts for passenger seats on school buses. NHTSA has not conducted any tests on the use of shoulder straps or harnesses with safety belts on school buses. You might want to contact school bus manufacturers to discuss how 3-point belt systems can be used in school buses.

Your last question asked whether NHTSA has any plans at the present to delete the safety belt requirements for school buses with GVWR's of 10,000 pounds or less. Although NHTSA has no present plans to delete the safety belt requirement for the lighter school buses, the agency is presently reviewing the Canadian test data to which you referred in your letter. If we believe there is a need to propose to amend Standard No. 222, the public will have an opportunity to submit comments.

Sincerely,

Jeffrey R. Miller Chief Counsel

Mr. Frank Berndt, Chief Counsel National Highway Traffic Safety Administration 400 7th Street SW Room 5219 Washington, DC 20590

Dear Mr. Berndt,

In a conversation on January 22, 1985 with Ms. Deirdre Hom of your staff, she suggested that I formally submit the following questions to you concerning Federal Motor Vehicle Safety Standards.

My questions are:

1. If a school bus manufacturer installs on a school bus normally designed or capable of holding 15 passengers, three wheel chair positions and sufficient school bus passenger seating for an additional seven passengers, will the resulting vehicle

a) be defined as a school bus (i.e. it can carry a total of 10 passengers, exclusive of the driver),

b) be required to comply with the seating requirements or FMVSS No. 222?

2. If the above bug had only space for six additional passengers (for a total of 9), would the resulting vehicle be classified as a school bus and be required to meet the requirements of FMVSS No. 222 for seating?

3. Must seat barriers be placed forward and rearward or a side facing seat on a school bus used to transport handicapped students if the side facing seat is positioned between rear of regular school bus passenger seats?

4. Would the back of a regular passenger seat, properly constructed and positioned ahead of the side facing seat, meet the requirement?

5. Would seat belts be required for occupants of the side facing seat if the gross vehicle weight rating (GVWR) or the vehicle were a) 10,000 pounds or less, or b) greater than 10,000 GVWR?

6. Do you know of any tests or do you have any information on the use of shoulder straps or harness used in conjunction with seat belts for regular passenger seating on either small (10,000 GVWR or less) or larger school buses?

7. Preliminary reports of recent Canadian tests indicate for small school buses, that "the heads of all restrained dummies experienced forces that were judged to be life threatening or fatal" in frontal crashes with belted dummies, while the heads of all unbelted dummies "experienced forces below the limit that is judged to cause serious injury or death". Since these preliminary results indicate that the use of seat belts in all school buses would possibly cause more injuries than the absence of belts, thereby verifying the "compartmental" concept that NHTSA has held, does NHTSA have any plans at present to delete the seat belt requirements on school buses with GVWR's of 10,000 pounds or less?

Thank you for your consideration of these questions.

Sincerely yours,

Troy C. Martin, Chief Specification Section 512 - 475-2232

TCM/tgf

cc: Herb Gersbach