Interpretation ID: 3240yy
Vice President Sales & Marketing
Collins Bus Corporation
P.O. Box 2946
Hutchinson, KS 67504-2946
Dear Mr. Barkman:
This responds to your letter of October 16, 1991, to Ms. Susan Schruth of the Urban Mass Transportation Administration. Because your questions concern a final rule issued by the National Highway Traffic Safety Administration (NHTSA), Ms. Schruth has referred your letter to our office for response. Your questions are as follows.
1. Based on a final ruling that went into effect September 1, 1991, all MPV and/or buses with a gross vehicle weight less than 10,000 pounds are required to have Type 1 or Type 2 occupant restraints at all seated positions. Also, all outboard occupants or passengers are required to have three point shoulder harness. We also understand school buses are exempt from the outboard shoulder harness. Are these statements correct and are there any exceptions to these rulings?
Your understanding of the September 1, 1991, final rule is correct. The only exception to these requirements is that the rear-seat lap/shoulder belt requirement does not apply to rear outboard seating positions located adjacent to a walkway located between the seat and the side of the vehicle to allow access to more rearward seating positions. I am enclosing a copy of the Federal Register notice for this final rule. A discussion of this exception is found on page 46258. A discussion of the agency's rationale for excluding small school buses from the rear-seat lap/shoulder belt requirement is found on page 46260 of the same notice.
2. We build under 10,000 GVW buses for the day care industry that use school bus interiors with school bus safety seats and lap belts at all locations. The exterior of the bus is commercial. Would these buses require the outboard shoulder harness?
The answer to this question depends on whether these vehicles are classified as school buses. Under NHTSA's certification requirements (49 CFR Part 567), a vehicle's type is determined using the definitions set out in 49 CFR 571.3. A school bus is defined as a motor vehicle designed for carrying 11 or more persons, including a driver, to and from school or school-related events. A program for pre-primary age children is considered a school if the program is primarily educational rather than custodial in nature. If your vehicle is a not a school bus, it must comply with the rear-seat lap/shoulder belt requirement. If the vehicle is a school bus, it does not have to comply with this requirement.
I hope this information is helpful. If you have further questions, please contact Mary Versailles of my staff at this address or by telephone at (202) 366-2992.
Sincerely,
Paul Jackson Rice Chief Counsel
Enclosure /ref:208 d:12/6/9l