Interpretation ID: 571-217--label requirement--14-001681 Matheny

 

 

 

 

 

 

 

Mr. Larry Fowler

Director of School Bus Sales

Matheny Motors

P.O. Box 1304

Parkersburg, WV  26102

 

Dear Mr. Fowler:

 

This responds to your letter asking about the Do Not Block label requirement in S5.5.3(d) of Federal Motor Vehicle Safety Standard (FMVSS) No. 217, Bus emergency exits and window retention and release.  You ask if it is a violation of a Do Not Block policy to have integrated child seats or child restraint harnesses without tethers adjacent to school bus emergency exits.[1]

 

In short, the answer to your question is no, provided all applicable requirements of FMVSS No. 217 are met.  Additional considerations relevant to this response and clarification of previous NHTSA statements are discussed below.

 

Section S5.5.3(d) of 49 CFR 571.217 applies to new school buses with one or more wheel chair anchorage positions.  S5.5.3(d) requires school bus manufacturers to place a label with the words DO NOT BLOCK directly above or beneath each Emergency Door or Emergency Exit label on the school buses.  NHTSA stated that the agencys primary reason for the requirement was to inform school bus users and aftermarket wheelchair retrofitters that emergency exits should not be blocked with wheelchairs or other items, such as book bags, knapsacks, sports equipment or band equipment.[2]  

 

The labeling requirement of S5.5.3(c) does not establish a prohibition on manufacturers barring them from installing an integrated child seat in the exit row.  If a manufacturer installed an integrated child seat in the exit row, there would not be a per se violation of FMVSS No. 217.  We assume in this answer, of course, that the applicable requirements of FMVSS No. 217 were met.  For instance, S5.4.2 of FMVSS No. 217 has requirements that ensure school bus emergency exit openings are of sufficient size for emergency egress.  The exit with the integrated child seat adjacent to it must meet those requirements when tested by NHTSA in accordance with the standards test procedures. 

 

As to whether a manufacturers installing an integrated child seat in the emergency exit row would be contrary to a NHTSA Do Not Block policy, we assume you are referring to statements in NHTSAs guidelines on transporting pre-school age children on school buses.[3]  NHTSA issued the guidelines in 1999 to foster use of child restraints on school buses to transport pre-schoolers. 

 

Out of concern that placement of a typical car seat in the seat next to an emergency exit window could possibly impede occupant exit in an emergency, and because the public was generally unfamiliar with using child restraints on school buses,  the agency recommended that child restraints not be placed adjacent to emergency exits (guideline, section 5, p. 4).  The point of the recommendation was to make sure that persons using child restraints on school buses carefully consider the egress issue.  It may be possible for integrated child seats and child restraint harnesses without tethers to be installed such that they do not impede emergency egress from the exit.  However, ultimately it is up to those persons with firsthand knowledge of the bus to assess whether installation of a particular child seat would block the exit.^[4]   

 

Note that NHTSA does not regulate the use of motor vehicles, including school buses.  Thus, S5.5.3(d) does not create any Federal requirement that would prohibit school bus users from using harnesses, or any other child restraint system, in any particular seat.  Each State has the authority to set its own standards regarding the use of motor vehicles, including school buses.  For this reason, State law should be consulted regarding the use of child restraints on school buses.[5]  

 

I hope this information is helpful.  If you have further questions please contact Analiese Marchesseault of my office at 202-366-2992.

 

Sincerely,

 

 

 

                                                                        Stephen P. Wood

                                                                        Acting Chief Counsel

 

 

Dated: 6/18/15

Standard No. 217