Interpretation ID: 86-5.24

TYPE: INTERPRETATION-NHTSA

DATE: 09/25/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Doug Bereuter

TITLE: FMVSS INTERPRETATION

TEXT:

The Honorable Doug Bereuter Member, U.S. House of Representatives P.O. Box 82887 Lincoln, NE 68501

Dear Mr Bereuter:

Thank you for your July 18, 1986, correspondence enclosing a letter from your constituent, Ms. Dianna L. Prosser of Beatrice, who asked about Federal regulations for safety belts on school buses. Your letter has been referred to my office for reply, since the National Highway Traffic Safety Administration (NHTSA) is responsible for administering Federal programs relating to school bus safety. I regret the delay in our response.

Ms. Prosser believes that the Federal government should encourage States to enact laws requiring passengers to use safety belts on school buses. She suggests that such a requirement would be consistent with State laws requiring the driver of a passenger car or school bus to use his or her safety belt. She asks also whether any states have enacted requirements for safety belt use in school buses.

I appreciate this opportunity to respond to your constituent's concerns. I would like to begin by clarifying that safety belts are not required by Federal law to be installed for passengers on large school buses. We have been carefully examining the issue of safety belts on large school buses. While NHTSA has often explained that States are free to order safety belts on their large school buses if they wish to do so, we believe that large school buses are very safe and that safety belts for passengers are not needed for safety.

Some background information on our school bus regulations might be helpful. NHTSA is responsible for developing safety standards applicable to all new motor vehicles, including school buses. In 1977, we issued a set of motor vehicle safety standards for various aspects of school bus safety. Included in that set is Federal Motor Vehicle Safety Standard No. 222, School Bus Passenger Seating and Crash Protection. Standard No. 222 requires large school buses--i.e., those with gross vehicle weight ratings over 10,000 pounds--to provide passenger crash protection through a concept called "compartmentalization." Compartmentalization requires that the interior of large buses be improved so that children are protected regardless of whether they have fastened a safety belt. The seating improvements include higher and stronger seat backs, additional seat padding, and better seat spacing and performance. Our safety standards require a safety belt for the school bus driver since the driver's position is not compartmentalized. We also require safety belts for passengers in smaller school buses because those buses experience greater crash forces than do larger buses and the additional restraint system is needed to provide adequate crash protection for passengers.

However, large school buses already offer substantial protection to passengers and a Federal endorsement for safety belts in those vehicles is unnecessary. In addition to meeting Federal school bus safety standards, large school buses are very safe vehicles because of their size and height, the training and experience of their drivers and the extra care that other road users employ in the vicinity of school buses. As stated earlier, NHTSA does not prevent States and local jurisdictions that wish to order safety belts on their own large school buses from doing so. Such a decision is a matter for the officials of the particular State or local jurisdiction, who are best able to assess their own pupil transportation needs.

Issues relating to safety belts in large school buses are discussed in a June, 1985 NHTSA publication entitled "Safety Belts in School Buses." I have enclosed a copy of the report for Ms. Prosser's information.

Ms. Prosser also asked whether any State mandates the installation and use of safety belts in buses. New York has recently required installation of safety belts for passengers in large school buses. Requirements for the use of the belts would be set by the local board of education or board of trustees.

I would like to reiterate that the agency does not endorse installation of safety belts for passengers on large school buses because we believe belts are not necessary to provide adequate crash protection. This contrasts with the data we have with regard to the use of safety belts by persons driving passenger cars. The Department's decision to promote effective State laws requiring the proper use of safety belts in passenger cars reflects our finding that safety belts substantially reduce deaths and serious injuries in a crash. If comparable data were available for school buses, our agency would not hesitate to take necessary and expeditious action.

I hope this information is helpful. Please contact my office if we can be of further assistance.

Sincerely, Erika Z. Jones Chief Counsel Enclosure

Congress of the United States House of Representatives Washington, D.C.

July 18, 1986

Sir:

The attached communication is sent for your consideration. Please investigate the statements contained therein and forward me the necessary information for reply, returning the enclosed correspondence with your answer.

Yours truly,

DOUG BEREUTER, M.C.

Please respond to: Pat Wergin District Staff P.O. Box 82887 Lincoln, NE 68501

June 27, 1986

Mr. Doug Bereuter Nebraska Representative U. S. House of Representatives Washington, D.C. 20515

Dear Mr. Bereuter:

After much consideration, I have decided this issue should be addressed at the national level and not the state level.

Many states now have lawamaking it mandatory to wear seat belts when riding in the front seats of cars. Do any states mandate the provision of and use of seat belts on school buses? I have riden school buses and know that children don't always remain seated as they should. This has to be a source of great distraction for the driver. It it my understanding that school bus drivers must wear seat belts, maybe the children should too.

There was a school bus accident involving one of our city school buses this spring. Several of the students were injured and treated at the hospital, some school days were missed. The bus overturned and students were thrown as it turned. Some of these injuries surely could have been prevented if seat belts had been in use. Constantly, during the school year, we hear of accidents involving school buses that turned out worse.

Your consideration of this matter would be appreciated.

Sincerely, Dianna L. Prosser 705 Elk St. Beatrice, NE 68310