Interpretation ID: nht92-8.7

DATE: April 2, 1992

FROM: Michael F. Hecker -- Micho Industries

TO: Paul Jackson Rice -- Chief Counsel, NHTSA

COPYEE: M. Dunn; R. Rogers

TITLE: Re: R-BAR Passenger Restraint System

ATTACHMT: Attached to letter dated 5/14/92 from Paul J. Rice to Michael F. Hecker (A39; Std. 222); Also attached to letter dated 3/10/89 from Erika Z. Jones to Joseph Mikoll (Std. 222); Also attached to letter dated 1/8/90 from Jerry Ralph Curry (signed by Jeffrey R. Miller) to Robert J. Lagomarsino (Std. 222); Also attached to letter dated 1/31/91 from Paul J. Rice to Scott K. Hiler (Std. 222); Also attached to letter dated 11/3/88 from Erika Z. Jones (signed by Stephen P. Wood) to Joseph Mikoll (Std. 222)

TEXT:

As you are aware Micho Industries is the licensed manufacturer of the R-BAR passenger restraint which was developed to further the safety of children who ride in school buses. This system was designed by Safety Research and Manufacturing (SRM) of Jessup, PA.. For the last three years we have worked with SRM in the continuing development of the product in order to assure that it does not violate any applicable federal and state motor vehicle safety requirements. In addition it is our joint goal that the R-BAR establish a new standard for passenger protection in school bus transportation.

I am writing you in regards to a particular specification in 49 CFR, 571.222. As stated, the "purpose" of the standard is to reduce the number of deaths and the severity of injuries that result from the impact of school bus occupants against structures within the vehicle. We are, however, concerned with possible interpretations of the 4" seat performance rule as stated in 49 CFR, 571.222, section S5.1.2(c). With this in mind, we feel that:

A. The standard is not applicable to the R-BAR passenger restraint.

B. The R-BAR complies with the intent of 571.222.

In support for this position we offer the following reasons:

1. The R-BAR is not a fixed position device, nor is it a rigid component of the seat structure.

2. In the event of a rear impact, the R-BAR incorporates a design that allows it to move upward, and away, from the adjoining seat which would thus allow the minimum clearance as intended.

(This was proven in tests conducted in May 1991 at Calspan on their HYGE sled -- see attached Report No. 7925-1).

3. The standard in question (571.222, section S5.1.2(c) was written without the authors having the benefit of knowledge of this type of device and thus allowances were not included for its possible use.

We recognize that any final interpretation will be in the hands of your department and respectfully request your advice on this matter. We would ask that you advise us, prior to issuing a final interpretation, of any additional

concerns you may have so that we can supply the necessary information to address those concerns. In order to further aid you, we have available a test data book that summarizes the testing that the R-Bar has been subjected to, over the last seven years, and would gladly send it to you if you so desire. In addition video clips of the various tests can be assembled for you review.

Thank you in advance for your consideration in this matter.

Attachment

Calspan Advanced Technology Center SRM SLED TEST report no. 7925-1, May 20, 1991 prepared by David J. Travale, prepared for SRM, Inc. (Text and graphics omitted.)