Interpretation ID: aiam4364
Chief
Bureau of Safety Programs
Division of Traffic Safety
Illinois Department of Transportation
2300 S. Dirksen Parkway
Springfield
IL 62764;
Dear Mr. Wort: This responds to your May 26, 1987, letter to me asking about ou requirements in Standard 222, *School Bus Passenger Seating and Crash Protection,* for restraining barriers and seat back height. I appreciate this opportunity to explain our requirements. In this discussion, I would also like to go over preemption issues that are raised by the state law you describe.; In your letter, you said that Illinois has recently enacted a la requiring 28-inch-high seat backs on new large school buses (i.e., buses with gross vehicle weight ratings greater than 10,000 pounds). You ask whether the 28-inch-high seat backs would negate the requirement for a restraining barrier in front of the front passenger seat. the answer is no.; Paragraph S5.2 of Standard 222 specifies: 'Each vehicle shall b equipped with a restraining barrier forward of any designated seating position that does not have the rear surface of another school bus passenger seat within 24 inches of its seating reference point . . . .' The standard makes no exception for any type of school bus passenger seat. The reason for the broad application is clear, since restraining barriers are needed to compartmentalize the seating area.; Your second question was whether the height of the restraining barrie must be as high as the height of the extended seat back. The answer is no. The requirements for restraining barrier surface area are found in paragraph S5.2.2 of Standard 222. That section states: 'in a front projected view of the bus, each point of the barrier's perimeter coincides with or lie outside of the perimeter of the seat back of the seat for which it is required.' The seat back of the seat for which a restraining barrier is required has dimensions specified in S5.1.2 of the standard. A restraining barrier must therefore only coincide with or lie outside of the seat back surface required by S5.1.2. If a seat back surface exceeds the size required in Standard 222, the size of the restraining barrier need not coincide. The preemption issue you raise related to the Illinois law mandating the 28-inch-high seat backs and FMVSS 222's seat back height requirement. I have enclosed a copy of our recent letter to Mr. Melvin Smith of your Department which explains that the Illinois law for 28-inch high seat backs is preempted by Federal law. However, as discussed in our letter, the State may require the high seat backs for public school buses.; I hope this information is helpful. Please contact my office if yo have further questions.; Sincerely, Erika Z. Jones, Chief Counsel