Interpretation ID: aiam0303
Willett Company
700 S. Desplaines Street
Chicago
IL 60607;
Dear Mr. Peterson: This is in reply to a letter dated February 10, 1971, that was receive from Mr. William V. Reynolds of the National Association of School Bus Contract Operators asking that we send our reply to you. The letter asks two questions concerning Motor Vehicle Safety Standard No. 213, which are restated below with our response.; >>>1. Is the standard applicable to a school bus operator who install seat belts (not presently required) at the behest of a school board for use when transporting children attending Special Education Classes?<<<; The answer to this question is no. Standard No. 213 applies only t child seating systems, and not to seat belts or persons who install seat belts. In addition, there are no other Federal requirements applicable to one who installs seat belts for passengers in either a new or used bus. There is, however, a Federal standard (No. 209) that requires all seat belt assemblies manufactured after March 1, 1967, to meet certain performance requirements. We strongly recommend that you examine the seat belts you wish to install to determine whether they were manufactured to comply with this standard. This can be done by examining the belt assembly, particularly its label or buckle assembly, for the date of manufacture, which may appear in an abbreviated fashion. Also, many seat belt assemblies manufactured after March 1, 1967, will be labeled with a specific statement that they comply with all applicable Federal motor vehicle safety standards. This statement may alternatively appear on the box in which the belt assembly is delivered.; For your information, I have enclosed a copy of a Bureau of Moto Carrier Safety regulation concerning requirements for seat belt assemblies at the driver's position, in buses under that agency's jurisdiction, which became effective August 1, 1970. These requirements would be applicable to you if the buses in question are subject to the Bureau of Motor Carrier Safety Regulations.; >>>2. Is the standard applicable to devices designed by the schoo physiotherapy department and built in the school carpentry shop for use in transporting handicapped children with a handicap that is peculiar to that one child? (This includes both regular and van-type buses.)<<<; The answer to this question is yes. Standard No. 213 applies to al child seating systems for use in motor vehicles, including buses, regardless of whether the child seating system is manufactured by a company for sale or whether it is manufactured for persons for their own use, as in your case. If the standard poses a particular hardship in the situation you describe, however, we will be glad to discuss the matter further with the persons involved.; Sincerely, Lawrence R. Schneider, Acting Chief Counsel