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Interpretation ID: nht88-4.38

TYPE: INTERPRETATION-NHTSA

DATE: 12/12/88

FROM: DENNIS D. FURR

TO: HOWARD WOLPE -- UNITED STATES HOUSE OF REPRESENTATIVES

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 02/23/89 FROM DIANE K. STEED TO HOWARD WOLPE, REDBOOK A33, SECTION 103(D) FMVSS 222, HSPG 17; TRANSMITTAL LETTER DATED 12/21/88 FROM HOWARD WOLPE -- CONGRESS TO JAMES BURNLEY

TEXT: Dear Congressman Wolpe,

In response to a phone conversation with one of your staff I would like to ask you to forward the following questions to the Department of Transportation for their response to the individual questions.

I feel that part of Motor Vehicle Safety Program Standard 17 is in direct violation of the National Traffic and Motor Vehicle Safety Act.

I also feel that the manner in which S4.1 in Safety Standard 222 is being interpreted, influences the overloading of the passive restraint system, and nullifies the safety features of the passive restraint system.

Basically, the questions are in regards to the individual seating position for the passenger in the passive restraint system.

QUESTION #1; Is Section 103 (d) of the National Traffic and Motor Vehicle Safety Act enforceable on the States, and school districts, and if so by whom?

QUESTION #2; If it is not enforceable, what is needed to make it enforceable?

QUESTION #3; It is my understanding that Standard 222 is the only enforceable Standard that address the passive restraint system, and is the minimum specifications for the passive restraint system.

Is the specifications in Standard 222 the minimum specifications for the passive restraint system?

QUESTION #4; S4.1 in Standard 222 says the number of seating positions considered to be in a bench seat is expressed by the Symbol "W" and calculated as the bench width in inches divided by 15 and rounded to the nearest whole number.

Is the 15 mentioned in S4.1 the size of the individual seating position for a passenger?

If not, what is the width of the individual seating position?

QUESTION #5; I have been told by NHTSA that Standard 222 is for testing, and applies to the manufactures and is a condition of sale for new school buses.

As a result, NHTSA says the capacity for the standard 39 inch bench seat is 3. 39 divided by 15 is 2.6, and rounded to the next whole number is 3.

I have maintained that S4.1 says rounded to the nearest whole number, and the nearest whole number is 2, and not the next whole number of 3.

Understanding that the 6 tenths represents only 9 inches of the minimum 15 inch seating position for the passive restraint system mentioned in S4.1, and can not be used as a seating position as it is in violation of Section 103 (d) of the National Traffi c and Motor Vehicle Safety Act, understanding that the 9 inches is less than the minimum 15 inch seating position in the applicable standard 222 which is still in effect.

The NHTSA says they carry the 6 tenths to the next whole number to insure that the bench seat is tested for the maximum number of seating positions.

I have maintained that the maximum number of seating positions in the 39 inch bench seat is 2, and there is not any need to carry the 6 tenths to the next whole number, even for testing.

I have maintained that the pounds of force that the symbol "W" is multiplied by should reflect the correct formula for testing the bench seat, and by adding a additional seating position to the bench seat to insure that the bench seat is tested for the m aximum number of seating positions, casts a shadow of dought on the formulas in Standard 222.

Also understanding that some fractional parts of the bench seats when divided by 15 is dropped, and others do not have fractional parts, and reflect the number of seating positions without adding the additional seating position as in the case of the 39 i nch bench seat.

The question is, what is the correct method for determining the number of the minimum 15 inch seating positions for any of the bench seats length?

QUESTION #6; It is my understanding that Safety Program Standard 17 is an elective Standard. In Safety Program Standard 17, under Vehicle Operation, (6) d, Seating (1); Seating shall be provided that will permit each occupant to sit in a seat in a plan view lateral location, intended by the manufactures to provide seating accommodation for a

person at least as large as a 5th percentile female, as defined in 49 CFR 571.3.

It is my understanding that the manufactures have to comply to Standard 222, and by complying, Standard 222, and the 15 inch seating position mentioned in S4.1 is the intent of the manufactures, and the minimum seating position for the passive restraint system.

Regardless whether Standard 17 is, or is not adopted by a State, is Standard 222 the intent of the manufactures?

If not, what is?

QUESTION #7; It is my understanding that if Standard 222 is the minimum specification for the passive restraint system, the seating position for the 5th percentile adult female mentioned in Standard 17, would be in violation of Section 103 (d) of the Nat ional Traffic and Motor Vehicle Safety Act, understanding that the 5th percentile adult female has minimum 15 inch seating position in Standard 222 which still is in effect.

Understanding that NHTSA has in an elective Standard, given directions for the use of a seating position that is less than the seating position mentioned in the enforceable Standard.

Also understanding that because of Standard 17 being an elective Standard by the states, and not a requirement of the manufacture, the 5th percentile adult female is not the intent of the manufactures.

Is the 5th percentile adult female seating position in Standard 17 in violation of Section 103 (d) of the National Traffic and Motor Vehicle Safety Act?

QUESTION #8; The school bus manufactures are rating the capacity of the bus by a 13 inch seating position instead of the 15 inch seating position for the passive restraint system.

It is now my understanding that this is because the NHTSA has carried the fractional part of S4.1 to the next whole number instead of to the nearest whole number as S4.1 says.

I have maintained that the passive restraint system is to protect the individual, and the method used by NHTSA launders the individual minimum 15 seating position mentioned in Standard 222.

By NHTSA saying the 39 inch bench seat has 3 considered seating positions, the school districts are saying 39 divided by 3 is 13, and maintain that the 13 inch seating position is the seating position for the standard 39 inch bench seat, even though it i s the 15 inch seating position mentioned in Standard 222, and not the 13 inch seating position.

At the same time the school districts are being told the manufactures have complied to the requirements of Standard 222.

Is the method the manufactures rate the capacity of the school bus in violation of the National Traffic and Motor Vehicle Safety Act?

QUESTION #9; As a result of the manufactures rating the capacity of the bus by the 13 inch seating position, the third passenger in middle or high school is required to sit in a standard 39 inch bench seat on only 9 inches of the bench seat.

This puts the third passenger outside of the head, and leg impact zones as described in Standard 222, S5.3.1, and S5.3.2., understanding that only one leg is in the impact area, and the head would also miss the intended impact zone, and in the event of a collision that passenger would be thrown out of the bench seat and receive additional injuries that he would not normally receive if he remained inside of the passive restraint systems impact area.

Is the placing of part of the passenger outside of the passive restraint system in violation of the National Traffic and Motor Vehicle Safety Act?

QUESTION #10; According to the Blue Bird letter, the school bus manufactures follow the specifications of the State, and the recommendations of the Tenth National Conference, (1985 Revised Edition, Standards For School Buses and Operations), instead of f ollowing the specification for the seating position in Standard 222.

This is my understanding of a triple violation of Section 103 (d) of the National Traffic and Motor Vehicle Safety Act.

First, the States specifications of a 13 inch seating position is less than the 15 inch seating position in the applicable Standard for the passive restraint system, and does effect the performance of the item of equipment by placing the third person in the standard 39 inch bench seat outside of the impact zones for the head, and legs.

Second, the recommendations of the Tenth National Conference, (1985 Revised Edition, Standards For School Buses and Operations), is the same as above, and in addition is the recommendations in part of the National Association of State Directors of Pupil Transportation Services, a political Subdivision of the States they represent, and they have recommended the 13 inch seating position for the 3-3 seating plan.

And third, the Manufactures have ignored the Standards for the passive restraint system in favor of the States

specifications for a seating position that is less than the minimum 15 inch seating position mentioned in Standard 222 when rating the school buses capacity.

Also understanding that the minimum 15 inch seating position mentioned in Standard 222 is not a estimated seating position, and only a seating position above the minimum 15 inch seating position can be rated, or estimated.

Is the above three items in violation of Section 103 (d) of the National Traffic and Motor Vehicle Safety Act?

QUESTION #11; Standard 222, S4.1 makes reference to a 15 inch seating position. Standard 208, S7.1.1 makes reference to the seating position of the 95th percentile adult male, who has a sitting width of 16.5 inches. Understanding that the seat belt is t o fit a person who is as large as the 95th percentile adult male.

This is the same John Doe sitting in the same length bench seat, and the only difference is in one instance he is sitting on a bench seat in the passive restraint system, and in the other instance he is sitting on the bench seat with seat belts.

Why is there the need of a larger seating position for a person wearing seat belts, than there is for a person seating in the passive restraint system?

QUESTION #12; Because of the trend of wearing seat belts, some school districts are adding seat belts to buses already purchased.

The seat belts are being attached to the 13 inch seating position instead of the 16.5 inch seating position mentioned in Standard 7.1.1. because of the states specifications being 13 inch seating position.

This is also my understanding of a violation of the National Traffic and Motor Vehicle Safety Act.

Is the attachment of the seat belt suppose to be along side of the seating position, or behind the seating position of the 95th percentile adult male?

Respectfully,