Interpretation ID: nht78-4.17

DATE: 01/09/78

FROM: AUTHOR UNAVAILABLE; Joan Claybrook; NHTSA

TO: Department of Transportation - Wisconsin

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your September 20, 1977, letter asserting that the Wisconsin requirement for minimum seat spacing does not conflict with the Federal requirement for maximum seat spacing found in Standard No. 222, School Bus Passenger Seating and Crash Protection.

Section 103(d) of the National Traffic and Motor Vehicle Safety Act of 1966 (the Act) (15 U.S.C. 1381 et seq.) specifies that no State shall have in effect a safety standard concerning an aspect of performance regulated by a Federal safety standard, unless the State standard is identical. The Act provides a limited exception to the above where a State or local municipality has a requirement which applies only to vehicles purchased for their own use and which imposes a higher standard of performance. Both Standard No. 222, which regulates maximum seat spacing, and the Wisconsin standard, which regulates minimum seat spacing, regulate the same aspect of performance. This position is supported by our statements in Notice 5 of Standard No. 222 (41 FR 4016) which expressed the opinion that seat spacing is the regulated aspect of performance (copy enclosed). Since your State standard is not identical to the Federal standard, it is the opinion of the NHTSA that it is preempted.

You should note that although you are not permitted to impose this State standard on all vehicles used in your State, the Federal government does not preclude you from purchasing any buses for your own use from among the several designs now in production. You could, therefore, purchase only those vehicles that afford you the minimum knee space you desire. You should note further that purchase for your own use has been interpreted to mean purchased by a contractor under contract to provide transportation for school children.

SINCERELY,

State of Wisconsin / DEPARTMENT OF TRANSPORTATION

DIVISION OF MOTOR VEHICLES

September 20, 1977

Joan Claybrook, Administrator NHTSA Office of the Administrator

Dear Ms. Claybrook:

Re: Letter to you from Mr. Robert Kurre, Wayne Corporation Date September 2, 1977

The State of Wisconsin stoutly defends it's position that there is no point of conflict between the FMVSS 222 relating to seat spacing and the Wisconsin Administrative Code, MVD 17.

FMVSS dictates a maximum space permitted (for compartmentalization) for persons riding in school buses. The Wisconsin rule states a minimum distance that is permissible.

The engineering staff at Wayne Corporation was aware of these two non-conflicting standards as of February 23, 1977. It appears to us that this should have been adequate lead time to design and test seats that can meet both the federal and state standard.

To emphasize this point, we have been advised by one manufacturer of school bus bodies that they are meeting both federal and Wisconsin standards on buses manufactured after April 1, 1977. It is the State of Wisconsin contention that it is merely a matter of proper design by the manufacturer to meet both requirements.

The Wisconsin standard was developed because of the concern for adequate knee room in the seats. The federal standard has no minimum knee room, therefore, if a manufacturer wished to have, for instance only 20 inches of knee room, he could so produce a bus and not be in conflict with the federal standard. This is what we have prevented by the implementation of our minimum spacing measurement. We have observed buses built to less than the 24 inch minimum spacing and they are unacceptable for the cross section of pupil transportation in Wisconsin.

To carry this a bit further, the State of Wisconsin subscribes to the proposal that the federal government interpret the 20 inch measurement from the seating reference point be made at the closest point between the seat back rather than have this at the widest point.

We believe Mr. Kurre is in error by stating that the State of Wisconsin has a standard in conflict with a federal standard. We further believe that our 24 inch measurement is the extreme minimum that is necessary for transportation of any school children in Wisconsin

If I can supply you with additional information in this matter, please advise.

JAMES O. PETERSON Administrator

cc: Col. LEW V. VERSNIK; CARL H. ZUTZ