Interpretation ID: nht79-2.36

DATE: 11/26/79

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Blue Bird Body Company

TITLE: FMVSS INTERPRETATION

ATTACHMT: Attached to 1/4/91 letter from Paul J. Rice to Richard Cahalan (A37; Part 567); Also attached to 8/20/90 letter from Oscar W. Harrell, Jr. to NHTSA Office of the Chief Counsel (OCC 5073); Also attached to 7/25/90 letter from George C. Shifflett to Oscar Harell (Harrell) Jr.; Also attached to 9/4/86 letter from Erika Z. Jones to Vincent Foster

TEXT:

November 26, 1979

Mr. W. G. Milby Blue Bird Body Company P.O. Box 937 Fort Valley, Georgia 31030

Dear Mr. Milby:

This responds to your October 3, 1979 letter asking the National Highway Traffic Safety Administration to permit the production of a limited number of school buses that do not comply with Standard No. 222, School Bus Passenger Seating and Crash Protection. The buses would be designed to transport severely handicapped students.

As you know, Standard No. 222 permits side-facing seats for handicapped students. However, the standard does not permit other variations of seating for the transportation of the handicapped. The agency's notice of July 12, 1976 (41 FR 28506) specifically limited its action with respect to handicapped student transportation to the provision of side-facing seats.

In your letter, you state that you intend to have forward and rearward facing seats surrounded by a cubicle to restrain children that are severely handicapped. Since only side-facing seats are acceptable as a variation from the standard's required seating, the standard cannot be interpreted in such manner that would permit the type of seats that you propose to install in your bus. Further, according to our regulation governing exemptions from the safety standards, it would appear that you would not qualify under any of the criteria that have been established. Therefore, it would not be useful to seek an exemption or waiver from the standards.

The agency has been confronted with the special problems for the handicapped many times and in a variety of vehicles. The NHTSA realizes the special needs of these individuals and further understands that these needs require the agency to be flexible in the enforcement of standards applicable to vehicles used by the handicapped. As a result the agency has stated in the past, that it will overlook some noncompliances in vehicles that are serving the special needs of the handicapped. The agency concludes that compliance with Standard No. 222 will not be enforced in certain circumstances for buses designed to transport the handicapped.

The above exemption from enforcement of compliance with Standard No. 222 is limited. The seating in such special buses must be distinctly different from that of typical school buses. For example, your placement of the seats in cubicles would provide such a distinction from normal school bus seats. The mere increase of seat spacing with the use of traditional school bus seats, on the other hand, would not qualify for freedom from compliance with the standard. With respect to your bus, the agency concludes that all other passenger seats beyond these constructed in the cubicles must comply with the standard. The agency further notes that the use of this type of bus is appropriate only for the most extreme cases of handicapped transportation and is not necessary for the transportation of all handicapped school children.

Although it would not be required by regulation, manufacturers should label these unique buses for the handicapped in some manner that will identify them as appropriate only for the transportation of handicapped students and not as a regular school bus. Such a label would be important in alerting both the Federal and State government officials to the fact that this is not a regular school bus and thus might be subject to different considerations with respect to the enforcement of compliance with safety standards. You should also check with State officials to ensure that they will permit the use of such buses.

Sincerely,

Frank Berndt Chief Counsel

October 3, 1979

Mr. Frank Berndt Chief Counsel National Highway Transportation Safety Administration Department of Transportation Washington, D.C. 20590

REF: Telephone conversations of October 2, 1979, with Mr. Roger Tilton and Mr. Taylor Vinson

Dear Mr. Berndt:

Public Law 94-142 is precipitating requests for specially built buses to transport handicapped passengers. Some of these buses, because of their special needs, cannot meet certain Motor Vehicle Safety Standards.

We currently have a request to build two buses which are described by the enclosed sketch. These buses would have plexiglass shields in the front to protect the driver and special seating cubicles in the center portion of the bus with back to back seating and padded walls. These seats would also be equipped with seat belts. In the rear of the bus would be seating provisions for a matron and also a cabinet sink to be used for cleaning and caring for passengers who do not have control of bodily functions.

Our immediate need is to get an interpretation for these two buses which would render them to be in compliance with FMVSS 222. We feel the intent of this interpretation is established in paragraph S4 of FMVSS 222 wherein an exemption is provided for seating to accommodate handicapped or convalescent passengers.

Beyond the immediate need for these two buses there is a long range need to provide more flexibility for FMVSS exemptions or waivers for buses built to accommodate passengers which will be transported under the provisions of Public Law 94-142.

We will appreciate your early response to this immediate need and your comments concerning what action might be appropriate in handling more requests of this nature.

Very truly yours,

W. G. Milby Manager, Engineering Services