Interpretation ID: 86-5.49

TYPE: INTERPRETATION-NHTSA

DATE: 11/21/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Ms. Lisa Kreeger

TITLE: FMVSS INTERPRETATION

TEXT:

Ms. Lisa Kreeger Reichert, Strauss & Reed 2510 Carew Tower Cincinnati, OH 15202

Dear Ms. Kreeger:

This responds to your letters of June 27, 1986, and July 11, 1986, and your subsequent phone conversations with Stephen Oesch of my staff concerning the safety belt installation requirements for multipurpose passenger vehicles and buses. I regret the delay in our response and hope the following information is of assistance to you.

As Mr. Oesch discussed with you, Federal Motor Vehicle Safety Standard No. 208, Occupant Crash Protection, sets forth the safety belt installation requirements for passenger cars, trucks, multipurpose passenger vehicles and buses. The standard, a copy of which is enclosed, regulates only the installation of safety belts and does not require their use. However, the Federal Highway Administration's Office of Motor Carriers has issued a regulation (49 CFR Part 392.161 that requires safety belt use by operators of trucks and buses involved in interstate commerce. Belt use is also governed by State mandatory use laws.

S4.2.2 and S4.3 of the standard set forth the safety belt installation requirements for new multipurpose passenger vehicles (MPV's). Our regulations (49 CFR 571.3) define an MPV as a "motor vehicle with motive power, except a trailer, designed to carry 10 persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation." S4.2.2 and S4.3 of Standard No. 208 require the installation of a safety belt for each designated seating position in a MPV.

S4.4 of the standard sets forth the safety belt installation requirements for buses. Our regulations define a bus as a "motor vehicle with motive power, except a trailer, designed for carrying more than 10 persons." S4.4 of Standard No. 208 requires the installation of a safety belt at only the driver's designated seating position in a bus. The agency has set additional safety belt requirements for school buses with a gross vehicle weight rating of 10,000 pounds or less. S5(b) of standard No. 222, School bus passenger seating and crash protection, requires the installation of a safety belt at the passenger seats in those small school buses. A copy of Standard No. 222 is enclosed.

If you have any further questions, please let me know.

Sincerely,

Erika Z. Jones Chief Counsel

Erika Jones, ESQ. Chief Counsel National Highway Traffic Safety Administration 400 7th St., SW, Room 5219 Washington, DC 20590

Dear Ms. Jones:

Pursuant to a phone conversation with a receptionist in your office today, I learned that my previous written request request for information had not been received or responded to. Enclosed is a copy of that request. I also spoke to Mr. Ash on July 1, 1896, asking for further information. As of this date I have not received a response from your agency.

Would you please send me a copy of the interpretation of Title 49 of the Code of federal Regulations, Chapter 571, Number 208, Section 4.4 If there are other sections that are applicable to either the bus (more than 10 passengers) or van (less than 10 passengers) seat belt requirement, please include those interpretations also. It is my understanding that in a bus, only the operator must wear a seat belt, while in a van, all passengers must wear seat belts, but I am hoping to find authority to confirm that understanding.

Thank you,

Lisa Kreeger Law Clerk

June 27, 1986

Erika Jones, Chief Counsel National Highway Traffic Safety Administration 400 7th Street, S.W., Room 400 Washington, D.C. 20590

Dear Ms. Jones:

Today in a telephone conversation with Mr. Stephen Ash, learned that copies of formal interpretations of federal regulations be obtained from you upon written request. Would you please send me a copy of the interpretation of Title 49 of the Code of Federal Regulations, Chapter 571, Number 208, Section 4.4. If there are other sections that are applicable to the seatbelt requirements for leased buses that carry between 15 and 25 passengers, please include those interpretations also. It is my understanding that only the operator must wear a seat belt but I am hoping to find authority to confirm that understanding.

Thank you,

Lisa Kreeger