Interpretation ID: 7405
Micho Industries
P.O. Box 1791
Goleta, CA 93116
Dear Mr. Hecker:
This responds to your letter of June 8, 1992 concerning how the "R-Bar" should be positioned during testing under Standard No. 222, School bus passenger seating and crash protection. The R-BAR is a padded restraining device, and the ends of the device attach to the rear of a school bus seatback. The device folds down for the purpose of restraining the passengers seated in the next rearward seat. Your letter states that, under the test condition set forth in S6.4 of the standard, you believe that the test should be performed with the R-Bar in its most upright position. As discussed below, your understanding is incorrect.
Section S6 of Standard No. 222 sets forth a number of test conditions which apply to the requirements specified in section S5 of the standard. One of these requirements, set forth in section S6.4, reads as follows: "If adjustable, a seat back is adjusted to its most upright position." This test condition addresses seat backs which may be adjusted to different angles for the comfort of the seat occupant. Your letter raises the issue of whether this condition also addresses the position of a restraining bar which is attached to the seat back.
It is our opinion that S6.4 only addresses the position (degree of uprightness) of a seat back as a whole, and not the position of individual components that can separately be placed in different positions without affecting the degree of uprightness of the seat back. In the case of the R-Bar, the position of the R-Bar (up or down) has no effect on the degree of uprightness of the seat back. Therefore, Standard No. 222 does not expressly address the position of a device such as the R-Bar.
As a general matter, when a standard does not specify a particular test condition, there is a presumption that the requirements of the standard must be met at all such test conditions. This presumption that the standard must be met at all positions of unspecified test conditions may be rebutted if the language of the standard as a whole or its purposes indicate an intention to limit unspecified test conditions to a particular condition or conditions.
In the case of Standard No. 222, nothing in the language of the standard suggests that the test procedures is only to be performed with a device such as the R-Bar in only one particular position. Indeed, the purpose of the standard is to reduce the possibility of death or injury to school bus occupants during crashes and sudden driving maneuvers. To serve this purpose, the vehicle must be capable of meeting the requirements of Standard No. 222 with the R-Bar in any position in which it may be placed, since the R-Bar could be at any such position when the seat is occupied.
I hope you find this information helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992.
Sincerely,
Paul Jackson Rice Chief Counsel
ref:222 d:7/14/92