Interpretation ID: 77-2.2
TYPE: INTERPRETATION-NHTSA
DATE: 03/29/77
FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA
TO: Pupil Transportation Service - Commonwealth of Virginia
TITLE: FMVSS INTERPRETATION
TEXT: This responds to your February 18, 1977, letter asking whether Standard No. 222, School Bus Passenger Seating and Crash Protection, permits the use of a two-passenger front-row seat with a corresponding two-passenger front-row restraining barrier. Secondly, you ask whether the State of Virginia can require the use in joints of discrete fasteners and welding, and not adhesives, without conflicting with the requirements of Standard No. 221, School Bus Body Joint Strength. Finally, you ask who must certify that a vehicle complies with Standard No. 105, Hydraulic Brake Systems.
The NHTSA has issued an interpretation allowing the use of a two-passenger front-row seat with a two-passenger restraining barrier. This can be accomplished by the use of a two-passenger seat cushion and a three-passenger seat back as you suggest. I am enclosing a copy of the NHTSA interpretation for your information.
Regarding your second question concerning the use of adhesives in bus body joints, the Federal bus body joint standard requires only that joints meet a specified strength requirement. The NHTSA does not require any particular type of joint construction. Therefore, the purchaser and manufacturer can decide upon any method of joint construction as long as the joint meets Federal strength specifications.
Your final question asks who must certify that a small school bus (under 10,000 pounds) is in compliance with Standard No. 105, Hydraulic Brake Systems. To assign responsibility for the certification of multi-stage vehicles, NHTSA has issued Part 568, Vehicles Manufactured in Two or More Stages (enclosed). The manufacturer of an "incomplete-vehicle" (such as a cab-chassis) must provide documentation to the intermediate- and final-stage manufacturer of the vehicle on how to complete it so that it complies with all applicable standards. It is the responsibility of the final-stage manufacturer to affix a certification label unless the incomplete- or intermediate-stage manufacturer assumes this responsibility.
On a related matter concerning small school buses, it is our understanding that school buses weighing under 10,000 pounds will be available after April 1, 1977.
SINCERELY,
COMMONWEALTH of VIRGINIA STATE DEPARTMENT OF EDUCATION
February 18, 1977
Frank A. Berndt, Chief Counsel National Highway Traffic Safety Administration This is in further regard to my questions mentioned during our telephone conversation on February 17, 1977 and my conversation with Mr. Roger Tilton of your office on this date. As indicated to you and Mr. Tilton, written questions would be submitted. They are as follows:
1. FMVSS 222
1. Will standard allow for a two passenger right front barrier to allow wider entrance into aisle?
2. Can right front seat be a two passenger cushion with a three passenger back allowing all other seats to be a three passenger seat?
2. FMVSS 221
1. Will State of Virginia be able to require the use of discreet fasteners and welding only in the joining of panels without the use of adhesives? If not, why?
3. Question of certification and availability of completed van conversion type school bus under 10,000 lbs. GVWR.
Who will certify compliance with FMVSS 105?
Do you have information or position which indicate such small school buses can comply with April 1, 1977 requirements of federal standards?
Do you have information which indicate such small buses will be available after April 1?
Your response to these questions is needed at the earliest possible date because many local school districts are in the process of bidding for purchase of school buses which comply with both state and federal standards.
R. A. Bynum, Supervisor Pupil Transportation Service