Interpretation ID: nht78-1.44

DATE: 09/21/78

FROM: AUTHOR UNAVAILABLE; J. J. Levin, Jr.; NHTSA

TO: West Seneca Central School District

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your May 4, 1978, letter asking whether you can modify several buses that you have purchased by adding stanchion bars near the front door to facilitate the loading of smaller school children.

The National Highway Traffic Safety Administration does not prohibit the use of stanchion bars in school buses. Some manufacturers, however, have discontinued putting them in buses because it is difficult to pad them sufficiently such that they comply with the head impact zone requirements when the bars fall within the head impact zone.

The National Traffic and Motor Vehicle Safety Act of 1966 (the Act) prohibits modification of vehicles by repair businesses, dealers, or manufacturers that would render inoperative compliance with safety standards (section 108(a)(2)(A)). Therefore, if a dealer, repair business, or manufacturer were to install stanchion bars in your school buses, it would be required to ensure that the installation does not render inoperative compliance with the head impact zone requirements. The Act does not prohibit, however, modifications by individuals of their vehicles even when such modification would not comply with Federal safety standards. Accordingly, a school district could itself install stanchion bars that do not comply with the head impact zone requirements.

SINCERELY,

May 4, 1978

National Highway Traffic Safety Administration

Reference: Code of Federal Regulation, Part 571.222 School Bus Passenger Seating & Crash Protection

Gentlemen,

Recently we purchased 20 65-passenger buses. These buses, according to your regulations, had crash pads near the entrance way but the stanchion bars for help in boarding and leaving the buses were removed. Our Board of Education is not objecting to the crash pads but there is a strong feeling that some protection has been removed in the process of getting on and off the buses, particularly for small children.

We checked this matter out with the New York State Department of Transportation and this agency suggested that we write to you to see if we could get your approval. The question is this; may we install one or two stanchion bars at the entrance steps on the recently purchased 20 buses. If this meets your approval please write us a letter accordingly. It certainly would not be our intent to remove the pad.

Thank you for your early attention to this matter.

J. W. Yarbrough Assistant Superintendent for Business