Interpretation ID: 77-3.1

TYPE: INTERPRETATION-NHTSA

DATE: 06/15/77

FROM: AUTHOR UNAVAILABLE; J. J. Levin, Jr.; NHTSA

TO: Collins Industries, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your April 28, 1977, letter in which you ask several questions concerning Standard No. 222, School Bus Passenger Seating and Crash Protection, and the definition of school bus.

You first ask whether the seat spacing requirements found in S5.2.1 of the standard are applicable to buses with gross vehicle weight ratings (GVWR) equal to or less than 10,000 pounds. Buses in this weight classification do not have to comply with the mandatory seat spacing requirements. Since these buses are equipped with seat belts, the mandatory seat spacing is not necessary to provide adequate occupant crash protection.

Your second question concerns those areas required to meet the head protection zone requirements. You ask whether the window frame, window supporting structure, and window glass are included within the head protection zone requirements. The NHTSA issued an amendment of the standard (Notice 6, 41 FR 28506) in an attempt to clarify those portions of the bus subject to the head protection zone requirements. In this notice (copy enclosed), we stated that the sidewall, window and door structures were never intended to be included within the zone and are not subject to the requirements for head protection. However, the roof structure, if it falls within the zone, is subject to the requirements. If you need further information to determine the portions of your bus that would be included within the head protection zone requirements, I suggest that you send the agency sketches of your bus interior depicting those areas of concern.

Concerning seat orientation, you question whether the requirement for forward facing seats found in S5.1 of the standard applies to buses with GVWR's of 10,000 pounds or less. S5(b) of the standard lists the paragraphs of the standard applicable to buses in the above-mentioned weight classification. S5(b) does not refer to S5.1 which contains the requirement for forward facing seats. This omission was an oversight that occurred during the drafting of the regulation. The agency intended that seats in all school buses be forward facing, unless designed for handicapped or convalescent passengers as permitted in Notice 6. This intent is obvious since, as you note, we require these seats to comply with forward and rearward performance requirements. The NHTSA will soon issue an amendment of the standard to correct this omission.

Your final question concerns the definition of school bus which excludes common carriers in urban transportation. Your interpretation of this exclusion is correct. These buses are permitted to transport children to and from school but need not comply with the school bus construction standards.

SINCERELY,

COLLINS INDUSTRIES INC.

APRIL 28, 1977

ROGER TILTON NHTSA

THANK YOU FOR YOUR COOPERATION AND THE INFORMATION YOU GAVE ME TODAY BY TELEPHONE. FROM OUR CONVERSATION AND FMVSS 571.222, I UNDERSTAND THAT SEAT SPACING SPECIFICATIONS OF SECTION 5.2, OF THE 222 STANDARDS, DO NOT APPLY TO SCHOOL BUSES AT 10,000 POUNDS OR LESS GVWR. IS THIS INTERPRETATION THE SAME AS THAT OF NHTSA? IS IT NHTSA'S RATIONALE THAT SEAT SPACING CRITERIA OF SECTION 5.2 IS NOT NECESSARY FOR BUSES UNDER 10,000 POUNDS BECAUSE THESE BUSES ARE REQUIRED TO HAVE SEAT BELTS TO RESTRAIN PASSENGERS?

SECTION 5.3.1 OF STANDARD 222 STATES THAT ANY CONTACTABLE SURFACE WITHIN THE SPECIFIED HEAD PROTECTION ZONE (S5.3.1.3) SHALL MEET THE HEAD FORM IMPACT (S5.3.1.2) AND HEAD FORM FORCE DISTRIBUTION (S5.3.1.3) REQUIREMENTS. DOES THIS INCLUDE WINDOW FRAMES? DOES IT INCLUDE WINDOW SUPPORTING STRUCTURE? DOES IT INCLUDE WINDOW GLASS?

FMVSS 222, SECTION 5.1.4, REQUIRES ALL SEATS WITH SEATS BEHIND THEM TO MEET THE FORWARD (SECTION 5.1.3) AND REARWARD (SECTION 5.1.4) SEAT PERFORMANCE SPECIFICATIONS OF STANDARD NUMBER 222?

THE REQUIREMENT FOR FORWARD FACING SEATS, SECTION 5.1 OF STANDARD 222, IS NOT INCLUDED FOR 10,000 POUNDS AND LESS GVWR SCHOOL BUSES. HOWEVER, IN THE DEFINITION OF A SCHOOL BUS PASSENGER SEAT, THERE SEEMS TO BE EVIDENCE THAT THE SCHOOL BUS SEATS MAY NOT NECESSARILY BE FORWARD FACING, BUT MAY BE CANTED AS MUCH AS 45 DEGREES ARE MANUFACTURERS OF SCHOOL BUSES WHICH ARE LESS THAN 10,000 GVW CORRECT IF THEY POSITION THEIR SEATS AT ANY POSITION UP TO 45 DEGREES BETWEEN THE BUS LONGITUDINAL CENTERLINE AND A LINE PASSING ALONG THE FORWARD, UPPER EDGE OF THE SEAT CUSHIONS?

I UNDERSTAND THAT THE DEFINITION OF A SCHOOL BUS IS A MOTOR VEHICLE WITH MOTIVE POWER, EXCEPT A TRAILER, DESIGNED FOR CARRYING 10 PERSONS OR MORE PLUS THE DRIVER, SOLD OR INTRODUCED IN INTERSTATE COMMERCE, FOR PURPOSES THAT INCLUDE CARRYING STUDENTS TO AND FROM SCHOOL OR RELATED EVENTS. COMMON CARRIERS IN URBAN TRANSPORTATION ARE EXCLUDED. IS THIS CONCEPT CORRECT ACCORDING TO NHTSA'S INTERPRETATION?

PLEASE SEND A COPY OF YOUR REPLY TO MR. BYRON CRAMPTON, TRUCK BODY AND EQUIPMENT ASSOCIATION, INC., CHEVY CHASE BUILDING, SUITE 1220, 5530 WISCONSIN AVENUE, WASHINGTON, D.C. 20015.

I AM LOOKING FORWARD TO YOUR REPLY.

JAMES M. BEACH DIRECTOR OF ENGINEERING

cc: BRYON CRAMPTON -- TBEA