Interpretation ID: 77-2.10

TYPE: INTERPRETATION-NHTSA

DATE: 04/15/77

FROM: AUTHOR UNAVAILABLE; R. L. Carter; NHTSA

TO: Wayne Corporation

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your December 10, 1976, petition to amend Standard No. 222, School Bus Passenger Seating and Crash Protection. In your petition you request that the NHTSA withdraw the requirements for seat belts in buses with gross vehicle weight ratings (GVWR) of 10,000 pounds or less. Secondly, you suggest that the NHTSA reconsider the validity of establishing 10,000 pounds GVWR as the dividing line between buses that must be equipped with seat belts and those which need not be so equipped. The NHTSA denies your requested rulemaking.

The NHTSA mandated the installation of seat belts in school buses with GVWR's of 10,000 pounds or less, because these vehicles are subject to different crash pulses than larger school buses under the same accident circumstances. To ensure adequate protection for children transported in these vehicles, the NHTSA applied to small school buses some of the seating requirements mandated for larger buses plus the installation of seat belts. Since we are aware of no data indicating that small buses do not need the additional protection provided by seat belts, the NHTSA considers the necessary safety requirement.

The second recommendation in your petition suggests that the NHTSA classification of vehicles into two groups, one with GVWR's of 10,000 pounds or less and another with GVWR's greater than 10,000 pounds, is arbitrary. You indicate that a vehicle weighing slightly more than 10,000 pounds will not react in a crash situation significantly different than a vehicle slightly under 10,000 pounds. Accordingly, you suggest that there is no valid reason to have different requirements for buses within a relatively narrow weight range.

The NHTSA has historically classified vehicles into the two weight groupings you mention. This has been done in part because there are significant differences between large and small vehicles with respect to their reactions in crashes. The agency realizes that any line differentiating the two classes may seem arbitrary to manufacturers of vehicles that fall barely on either side of the line. Arguably, these vehicles, similar in many respects, would exhibit only minor differences in crash pulse in any given accident situation. Nonetheless, the classification is valid for the majority of vehicles in each class. Since we are aware of no data that would indicate that a line could better be drawn elsewhere, the NHTSA has decided to retain the present classification.

SINCERELY,

Wayne Corporation

December 10, 1976

Administrator National Highway Traffic Safety Administration

Subject: FMVSS 222, School Bus Seating and Crash Protection

The Wayne Corporation petitions NHTSA to either: Delete from FMVSS 222, Section S5(b), the requirements for and reference to 571.208, 571.209, and 571.210; or delete from FMVSS 222, all of Section S5(b) and revise Section S5(a) to include school buses with gross vehicle weight ratings of 10,000 pounds or less.

The reason for this petition is based on Wayne's contention that FMVSS 222 unfairly discriminates against a particular class of school bus vehicles and that it is unreasonable as it applies to school bus vehicles with GVWR's of 10,000 pounds or less; and if allowed to stand, will force the manufacturers to cease production and withdraw this class of vehicle from the market.

This petition requests that the requirement that seat belts be installed and the requirement for seat belts and seat belt anchorages as applied to school bus vehicles with GVWR's of 10,000 pounds or less be eliminated from FMVSS 222.

The subject of seat belts in school buses has been and continues to be a controversial one. Seat belt proponents, who are safety advocates, promise a reduction in injury severity and reduced fatalities in school bus accidents if seat belts are used. Seat belt opponents, who are primarily school bus operators, predict dire consequences if seat belts are mandated for school buses. Wayne believes that NHTSA has been exposed to the pros and cons of this discussion, therefore, it is unnecessary for purposes of this petition to delineate in detail the positions of both points of view. To say that school bus operators object to seat belts in school buses is a gross understatement of their position in the matter. As discussed in the preamble of Docket No. 73-3, Notice 05, the school bus operators even objected to the proposal that seat belt anchorages be installed in school buses for fear that this would encourage the installation of seat belts. Wayne maintains that all other things being equal, the school bus operator, given the choice between the bus equipped with seat belts and a bus without seat belts, will always purchase the bus that does not have seat belts.

Currently school buses in the 16 to 24 passenger capacity range with gross vehicle weight ratings under 10,000 pounds and just over 10,000 pounds (10,500 to 11,000 pounds) are being marketed. Typical of this situation is the Wayne Busette and the Carpenter Cadet. The Wayne Busette is manufactured by the Wayne Division of Richmond, Indiana, has a GVWR of less than 10,000 pounds, and will accommodate up to 20 seated passengers (see the enclosed Busette specification sheet). The Carpenter Cadet CV is manufactured by the Carpenter Body Works, Inc. of Mitchell, Indiana, has a GVWR of 10,500 pounds, and will accommodate up to 23 seated passengers (see enclosed copy of Cadet literature).

Both of these buses currently list for approximately $ 9,500. FMVSS 222, when it becomes effective, will require that both buses have seats which meet the same performance requirements, however, in addition, the Busette must have seat belts which comply with FMVSS 208, 209, and 210, installed at each passenger seating position. Wayne estimates that the increase in cost due to the seat belts alone will be in the $ 200 to $ 500 range.

FMVSS 222 discriminates against the small school bus with a GVWR of less than 10,000 pounds because seat belts are unacceptable to bus operators and alternate types of buses having the same functional characteristics are available without seat belts and the accompanying increased cost.

Wayne considers FMVSS 222 as it applies to school buses with GVWR's of 10,000 pounds or less to be unreasonable because the increase in weight attributable to the standard's requirement for seat belts will result in a total vehicle weight in excess of the GVWR of chassis available to body manufacturers and, therefore, will necessitate the removal of this type of vehicle from the market. The excess weight is attributable to the standard's requirement for seat belts in the Busette class of school bus as is shown in the following. Chassis Manufacturer's GVWR for Busette chassis 8,900 lbs. Total Busette weight including passengers pre-FMVSS 222 8,728 lbs. Increased weight due to the FMVSS 222 seat performance requirements without seat belts 104 lbs.

8,832 lbs. Increased weight due to FMVSS 222 require- ments for seat belts and their supporting systems 256 lbs. Total Busette Weight Post-FMVSS 222 9,088 lbs. Chassis GVWR 8,900 lbs. Vehicle Gross Weight Excess 188 lbs.

Since the Busette's introduction in 1974, the Wayne Division has produced and sold approximately 2,500 Busette vehicles, 2,400 of which have been school buses. Wayne has every reason to believe that the Busette school bus is a viable product in the market place as each year since its introduction, unit sales have increased at the rate of 10% to 15%. With the installation of seat belts as mandated by FMVSS 222, the gross vehicle weight will exceed the available chassis manufacturer's GVWR, therefore, Wayne will be forced to withdrawn the Busette school bus from the market. By taking the Busette off the market, the bus operator's choice of vehicles will be reduced forcing him to purchase vehicles which are more costly to operate. In addition, such action will reduce employment opportunities in Richmond, Indiana, and result in a financial hardship to the Wayne Division.

NHTSA's reason for requiring seat belts for small school buses is based on their contention that a more severe crash pulse is experienced by the smaller vehicles as compared with the larger vehicles under similar accident conditions. This may be a reasonable position for vehicles with a difference in GVWR of the magnitude of 10,000 to 15,000 pounds, however, as pointed out above, school buses just over the standard's 10,000 pound classification demarcation are available and this position cannot be justified for buses with a difference of 1,000 to 2,000 pounds GVWR.

In addition, NHTSA's position on seat belts seems to be inconsistent as illustrated in their reply to the Physicians for Automotive Safety request for seat belts in school buses. In Docket 73-3, Notice 05, NHTSA reiterates their position on seat belts, namely, "that a requirement for seat belts without the assurance of proper supervision of their use would not be an effective means of providing occupant protection." If seat belts will not provide an effective means of occupant protection in the big buses because of the absence of proper supervision, it logically follows that seat belts will also not provide an effective means of occupant protection in the small bus for the same reasons. Therefore, the requirement for seat belts should be altogether eliminated from the standard.

Robert B. Kurre Director of Engineering

CARPENTER Cadet "CV" '76

(Enclosure Omitted)