Interpretation ID: 86-5.4

TYPE: INTERPRETATION-NHTSA

DATE: 08/22/86

FROM: AUTHOR UNAVAILABLE; Stephen P. Wood for Erika Z. Jones; NHTSA

TO: Mr. Ron Marion

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Ron Marion Specification Engineer Thomas Built Buses, L. P. P.O. Box 2450 High Point, N.C. 27261

Dear Mr. Marion:

This responds to your May 21, 1986 letter requesting an interpretation of Federal Motor Vehicle Safety Standard No. 222, School Bus Passenger Seating and Crash Protection, as it applies to safety belts on large school buses. You asked first whether it is acceptable to install two safety belts on a 39-inch bench seat. Your second question asked whether such a seat would be designated as a two- or three-passenger seat.

In response to your first question, Standard No. 222 currently does not prohibit you from providing two safety belts on a 39-inch bench seat. This is because NHTSA does not require or set specifications for safety belts installed for passengers on large school buses, but for the requirement that the installation method not interfere with vehicles' compliance with applicable motor vehicle safety standards. However, the agency is currently considering an amendment to Standard No. 222 which would affect the voluntary installation of safety belts on 39-inch bench seats. If we adopt changes to the standard proposed in a notice published on October 10, 1985, safety belts voluntarily installed on large school buses must meet requirements similar to those established for safety belts on small school buses. Under the proposed requirements, manufacturers voluntarily installing safety belts would have to install three safety belts on a 39-inch seat. We are currently evaluating comments received on the proposal, and final action is anticipated in the near future.

In response to your second question, since your current option to install voluntarily two safety belts on a 39-inch bench seat does not affect your responsibility under the National Traffic and Motor Vehicle Safety Act to manufacture school buses which comply with all applicable requirements of Standard No. 222, the 39-inch bench seat to which you refer must be designated as a 3-passenger seat under S4.1 of the standard. You as a manufacturer must ensure that the seat meets the forward and rearward performance requirements, and other applicable requirements of Standard No. 222, based on calculations of three seating positions and the requisite force applications. While your bench seat might be occupied by fewer persons due to the safety belts, that calculation helps to assure that the seat provides adequate protection when occupied by the maximum number.

We note further that since under S4.1 a 39-inch bench seat is considered to have three designated seating positions, manufacturers must not provide more than three safety belts on a 39-inch bench seat or otherwise imply that the seat is capable of carrying more than three passengers.

If you have further questions, please let us know.

Sincerely,

Erika Z. Jones Chief Counsel

May 21, 1986

Office of Chief Counsel U.S. Department of Transportation 400 7th Street, S.W. Washington, D.C 20590

Dear Ms. Jones,

Thomas Built Buses, L.P. would like to request an interpretation of a situation which has surfaced, regarding seat belts installed on larger school buses. (GVVWR over 10,000 pounds)

As required by FMVSS-222, School Bus Seating and Crash Protection, section 4.1, Thomas considers our 39 inch bench seat a three (3) passenger seat.

We have been asked by a school district, to place these 39 inch seats in a larger school bus, and install two seat belts per seat.

My questions are:

1) Is this acceptable? 2) What would be the passenger capacity of this seat?

Typically Thomas lists the passenger capacity on the data plate which is installed in the vehicle, therefore it is necessary that we know how we should view such a situation.

Thank you in advance for your assistance in this matter.

Sincerely,

Thomas Built Buses, L.P.

RON MARION, Specification Engineer

RM/jw