Interpretation ID: nht93-5.15

TYPE: Interpretation-NHTSA

DATE: July 8, 1993

FROM: Michael F. Hecker -- Micho Industries

TO: John Womack -- Acting Chief Counsel, NHTSA

TITLE: R-BAR Passenger Restraint System

ATTACHMT: Attached to letter dated 10/15/93 from John Womack to Michael F. Hecker (A41; Std. 222; Part 571; VSA 108(A)(2)(a)

TEXT:

I have reviewed the letter sent to our Mr. Michael H. Dunn on January 29, 1993 and as a result, I am providing the following response.

We fully understand that NHTSA neither approves, or certifies, products such as the R-BAR Passenger Restraint System. We are very careful to explain this to customers when we are asked if the agency has approved the device.

In regards to Micho Industries certification of compliance to applicable Federal Motor Vehicle Safety Standards, there appears to be some confusion as a result of past correspondence with your office. While we understand that there are no standards directly applicable to lap bar restraints, it was our understanding that once the R-BAR was mounted to the seat it was part of the seat and subject to the requirements of the seat. This was re-emphasized in a letter from your office (to Micho Industries) on May 14, 1992 when Mr. Paul Rice stated "once the restraining bar is attached to the seat back, it is part of the seat back. Therefore, the R-BAR would be considered a part of the seat subject to the requirements of S5.1.4 (c).".

In the same letter Mr. Rice further states that "Manufacturers are required to certify that vehicle complies with the requirements of the standard when tested in accordance with that test procedure."

Previous correspondence from your office has stated that "the manufacturer of the safety bars would be considered a manufacturer of motor vehicle equipment within the meaning of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.). Such a manufacturer is responsible for conducting a notification and remedy campaign if the company or this agency decides that the product contains a defect related to motor vehicle safety, or that it does not comply with an applicable safety standard."

Based on our understanding of the regulations and past correspondence with your office, we have developed the R-BAR so that it was in compliance to regulations that apply to the seat as well as other regulations that apply to the general safety of the school bus. Further, it has been our understanding that, as the manufacturer, it was our responsibility to "certify" that compliance on installations in existing buses.

John, we do not want to mislead anyone or misrepresent the product, our company or your agency. After 8 years of development and testing we believe the R-BAR will stand on its own merits. If, after consideration of the above, it remains the position of your agency that Micho Industries stating "certification of the R-BAR to compliance to applicable Federal Motor Vehicle Safety Standards" would be possibly misleading - then we

will of course refrain from making that statement. In the meantime Micho Industries, and it's representatives, will respond to customer inquiries, regarding compliance, with the following statements;

At this time there are no Federal Motor Vehicle Safety Standards that are directly applicable to the R-BAR Passenger Restraint System.

Properly installed the R-BAR will not violate any regulation or standard, or make inoperative any existing safety device or feature of the bus in which it is installed.

I look forward to your comments and thank you for your consideration in this matter.