Interpretation ID: nht78-1.43

DATE: 06/22/78

FROM: AUTHOR UNAVAILABLE; H. Dugoff for Joan Claybrook; NHTSA

TO: Illinois Department of Transportation

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your May 10, 1979, letter asking questions about the applicability of Standard No. 222, School Bus Passenger Seating and Crash Protection, to buses with gross vehicle weight ratings (GVWR) of 10,000 pounds or less.

First you ask whether seat spacing must be maintained at a maximum of 21 inches in these vehicles. The answer to your question is no. As you correctly point out in your letter, section S5.2 of the standard that regulates maximum seat spacing does not apply to buses with GVWRs of 10,000 pounds or less. Maximum seat spacing is limited in larger buses as a means of compartmentalizing students to prevent injury in crashes. Compartmentalization, and therefore maximum seat spacing, is not necessary in smaller buses since they are required to be equipped with seat belts which afford significant protection in accidents.

Your second question asks whether it is permissible to have one large seat belt in a school bus seat that might wrap around two students or whether each designated seating position must have an individual belt system. The agency concludes that the use of one large belt to cover more than one designated seating position violates section S5 of the regulation. That section states that each seating position must comply with seat belt requirements. To meet this requirement, each seating position in a small bus must be equipped with its own belt system.

If we can be of further assistance, do not hesitate to contact us.

SINCERELY,

Illinois Department of Transportation

May 10, 1979

Joan Claybrook Administrator National Highway Traffic Safety Administration

Dear Ms. Claybrook:

This letter requests answers to questions concerning federal requirements for seats and seat belts in school buses with a 10,000 pound or less gross vehicle weight rating (GVWR).

The Illinois standards for construction of school buses include the applicable federal motor vehicle safety standards (FMVSS) by reference. This establishes a ready means for school districts, transportation contractors, and others to include the FMVSS in bus purchase orders or contracts, thereby making a violation of them a breach of contract. Inclusion also tends to enhance the ability of State safety inspections and enforcement. These latter activities have generated two questions.

1. Does FMVSS 222 prohibit introduction into interstate commerce a new school bus, GVWR 10,000 pounds or less, with seats located so there is more than 21 inches between the rear surface of one or more forward facing passenger seats and the closest seating reference point of the forward facing passenger seat to the rear?

This question arises in connection with buses transporting (mostly) the larger sizes of high school age pupils, "activity buses", and "special education buses" (those carrying handicapped pupils). These school buses are purchased by government agencies (such as school districts) and by private parties (such as churches, contractors, etc.). Because S5.2 of FMVSS 222 does not apply to 10,000 pound or lighter buses, we believe the proper answer is "NO".

2. Does FMVSS 222 allow a manufacturer or alterer to install only one lap belt (Type 1 seat belt) on each passenger seat in a new school bus with 10,000 pounds or less GVWR: i.e., one lap belt, with two anchors, to go around 2, or 3, or more passengers properly in a seat?

We believe the proper answer is "NO" -- especially so since publication of your notification (43 FR 21893) and discussion (44 FR 23229 et seq) concerning designated seating positions, with your emphasis on the need for a restraint at each position where a passenger is likely to sit. We do not believe that 1 relatively long lap belt with its 2 anchors spaced sufficiently far apart to accommodate 2 or more properly seated passengers will safely restrain one passenger sitting somewhere in a 2-passenger or wider seat -- especially when that passenger is a relatively small pupil. Also, we do not believe that seat belt anchors spaced closely enough for properly restraining one passenger will allow a long lap belt to restrain 2 or more passengers properly, or without generating excessive belt-induced crash injury. As we read FMVSS 222, its only change of the "restraint standards" included by reference (FMVSS 208, 209, & 210) is the use of a 10 inch pelvic body block (depicted in FMVSS 222) in place of a 16 inch pelvic body block (depicted in FMVSS 210).

If your answer to either questions is "YES", we probably will need other answers. Therefore, we will appreciate an early response to each question in order that our instructions to field personnel and inspection stations may be firmed up in the near future.

If, in the preparation of your response, you feel that more details are needed or that you have questions which need answering, please feel free to contact the following members of my staff: Mr. Larry F. Wort, Chief of the Bureau of Safety Operations, 217/782-4974; or Mr. Madison Post, Standards Engineer, 217/782-2920.

Karsten J. Vieg, Director Division of Traffic Safety