Interpretation ID: nht87-1.32
TYPE: INTERPRETATION-NHTSA
DATE: 02/20/87
FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA
TO: Mr. Martin V. Chauvin
TITLE: FMVSS INTERPRETATION
TEXT: This responds to your two letters to this agency concerning safety belts on school buses. Your October 24, 1986 letter to this office asked for clarification of a Federal Register notice issued by NHTSA in 1976 which stated that seats on large school bu ses are strong enough to absorb the seat belt loads set for belts on smaller school buses. Your October 29, 1986 letter to NHTSA's Office of Vehicle Safety Standards, which has been referred to my office for reply, concerned manufacturers' test data for head form impact requirements of Standards No. 222 and No. 208. I apologize for the delay in responding to your letters.
Your first letter pertained to retrofitting safety belts on large school buses meeting Standard No. 222. You referred to a 1976 Federal Register notice in which NHTSA said that seats on large school buses that meet Standard No. 222 are strong enough to absorb safety belt loads. You explained that school bus manufacturers disagree with those statements and have indicated that they are not true for most seats on large school buses manufactured since 1977. Your question asked whether manufacturers are r equired to equip large school buses with seats that are strong enough to meet the load requirements set for safety belts in small school buses.
The answer to your question is no. Seats installed on large school buses must meet their own strength requirements set by Standard No. 222. Manufacturers are not required to install seats on large school buses that are capable of meeting the load requi rements set for safety belts on small school buses.
For your information, I am enclosing a May 11, 1978 letter from former Chief Counsel Joseph Levin to Dr. Arthur Yeager, in which we discuss the statement made in Notice 5 of Docket 73-3 you referenced in your letter. Mr. Levin's letter explains that NHT SA had proposed safety belt requirements for large school buses that would have set lower belt load requirements than those currently applicable to small school buses. (In addition, the proposed seat strength requirement was higher than that adopted in Standard No. 222.) Mr. Levin explains that the statement made in Notice 5 was referring to the safety belt requirements formerly proposed for the seats on large school buses, which the seats would be capable of withstanding. It did not mean to imply tha t the seats on large school buses were strong enough to be retrofitted with safety belts and meet the requirements applicable to belts on small school buses.
We believe that manufacturers can design the seats on large school buses to accommodate safety belts which meet the load requirements applicable to belts on the smaller school buses. As you know, NHTSA proposed an amendment to Standard No. 222 which wou ld set such a strength requirement for safety belts voluntarily installed on new large school buses, to ensure that proper belt installations are made. If adopted, the amendment would supersede any conflicting statements in the Yeager letter concerning the load requirements applicable to new large school buses.
In your second letter, you explained that New York enacted a law which sets certain head form impact requirements for school buses. You would like to obtain information from manufacturers regarding the values they obtained for the actual axial accelerat ion of the head form pursuant to Standards No. 208 and No. 222. You asked whether motor vehicle manufacturers are required to submit such test data to NHTSA.
The answer to your question is no. The National Traffic and Motor Vehicle Safety Act establishes a "self-certification" process under which each manufacturer of motor vehicles or items or motor vehicle equipment is responsible for certifying that its pr oducts meet all applicable motor vehicle safety standards. This process requires each manufacturer to exercise due care in selecting and conducting the mathematical calculations, computer simulations or testing that form the basis for that certification . That data is retained by the manufacturer, and is not submitted to NHTSA for approval. NHTSA can request manufacturers to produce records to show how it determined compliance if a question should arise as to the compliance of a particular product wit h NHTSA requirements.
Please note that the New York legislation you mentioned raises an important preemption issue. Federal preemption of State motor vehicle safety standards is governed by @103(d) of the Vehicle Safety Act, which states:
Whenever a Federal motor vehicle safety standard under this subchapter is in effect, no State or political subdivision of a State shall have any authority either to establish, or to continue in effect, with respect to any motor vehicle or item of moto r vehicle equipment any safety standard applicable to the same aspect of performance of such vehicle or item of equipment which is not identical to the Federal standard. Nothing in this section shall be construed to prevent the Federal Government or the government of any State or political subdivision thereof from establishing a safety requirement applicable to motor vehicles or motor vehicle equipment procured for its own use if such requirement imposes a higher standard of performance than that requi red to comply with the otherwise applicable Federal standard. We understand that New York's law requires passenger safety belts and additional seat padding on all new school buses manufactured for use in New York. The New York law applies to the same a spect of performance (i.e., passenger crash protection) as Standard No. 222 but specifies performance requirements that are not identical to the Federal standard. In requiring the belts and the additional padding, the New York law is specifying higher r equirements than those in the FMVSS. Section 103(d) preempts higher state requirements except to the extent that they apply to vehicles procured for the State's use. Therefore, the New York law is preempted under the first sentence of @103(d) to the ex tent that the law requires all school buses manufactured for use in New York to be equipped with belts and extra padding. The law is not preempted to the extent that it requires belts and additional padding for public school buses. The phrase "vehicles procured for [the State's] own use" includes public school buses and school buses operated and owned by a private contractor under contract to transport children to and from public school.
I hope this information is helpful. Please contact us if you have further questions.
ENC.
STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION
October 24, 1986
Erika Z. Jones Office of Chief Counsel National Highway Traffic Safety Administration
Dear Ms. Jones:
The New York State Department of Transportation has been designated by New York statute as the agency responsible for promulgating regulations dealing with seat belts on school buses. In pursuing this assignment, we have been presented with a problem th at needs clarification from your office.
Enclosed are two documents that refer to standards being considered by the National Highway Traffic Safety Administration (NHTSA). One document is a copy of a page (4017) of the Federal Register. Vol. 41-No. 19-Wednesday, January 28, 1976 (the specific date is somewhat blurred but it is definitely January 20 something 1976). The second document is identified as "Preamble to Motor Vehicle Safety Standard No. 222" and is dated October 26, 1976. The question we need clarification on is addressed in bot h documents.
We have been provided an interpretation of these documents (underlined or otherwise marked to identify particular item in question) that indicates that school buses, since 1977 have been required to provide seats that meet safety standard 222 and as such must be capable of accomodating seat belts. School bus body manufacturers advise us that this is not true. In fact, the manufacturers advise us that better than 95 percent of the buses manufacturered since 1977 would not be equipped with seats that ca n accomodate seat belts.
We are looking to you to help clarify this matter. In essence, we want to know if manufacturers are required to equip school buses with a GVWR of more than 10,000 pounds with seats that can accomodate seat belts (for example, meet the federal standards that have been spelled out for buses with a GVWR of 10,000 pounds or less).
We are faced with some severe time constraints so we would appreciate a response at your earliest possible convenience.
Thank for your help.
MARTIN V. CHAUVIN, Chief Carrier Safety Bureau
ENCLS.
STATE OF NEW YORK
DEPARTMENT OF TRANSPORTATION
October 29, 1986 William, Smith Department of Transportation
Dear Mr. Smith:
Enclosed is a copy of a bill that was enacted into law on July 30, 1986 and sets certain requirements for seat belts and seat back padding for school buses.
Section 142 of the New York State Vehicle and Traffic Law provides a broad definition of school bus and applies to passenger cars if used by a school district or by others on a for hire basis to transport pupils. This law specifies that these school bus es (including passenger cars) must meet the head form impact requirement as spelled out in Federal Motor Vehicle Safety Standard (FMVSS), 49 CFR Section 571.222 except the impact requirement shall not exceed 800 whereas the federal standard allows 1000.
We are interested in finding out if the automobile manufacturers are required to provide any specific test data that would indicate the actual axial acceleration of the head form as described in FMVSS Section 571.222, S5.3 Impact zone requirements or Sec tion 571.208, S6 Injury criteria. We are trying to determine if the information we are seeking is already available at one central point or if we must deal directly with each manufacturer individually.
Any assistance you can provide in helping us deal with this issue would be greatly appreciated.
MARTIN V. CHAUVIN, Chief Carrier Safety Bureau
STATE OF NEW YORK
10596 -- B
R. R. 872
IN ASSEMBLY
March 25, 1986
Introduced by M. of A. WEINSTEIN, GRABER, PASSANNANTE, LASHER, BRODSKY, SCHMIDT -- Multi-Sponsored by -- M. of A. BIANCHI, BURROWS, CONNELLY, EVE, HALPIN, HARENBERG, LIPSCHUTZ, NEWBURGER, VITALIANO -- read once and referred to the Committee on Transpo rtation -- reported and referred to the Committee on Rules -- Rules Committee discharged, bill amended, ordered reprinted as amended and recommitted to the Committee on Rules -- amended on the special order of third reading, ordered reprinted as amended, retaining its place on the special order of third reading
AN ACT to amend the vehicle and traffic law and the education law, in relation to seat safety belts for school buses
The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Subdivision five of section three hundred eighty-three of the vehicle and traffic law is renumbered subdivision six and a new subdivision five is added to read as follows:
5. (a) Passenger seat safety belts for school buses. Every school bus, as defined in section one hundred forty-two of this chapter, manufactured for use in this state on and after July first, nineteen hundred eighty-seven, shall be designed so that all passenger seats on such vehicle are equipped with seat safety belts and increased seat back padding on passenger seats of a type and specification as approved by the commissioner of transportation through the adoption of rules and regulations. Such rules and regulations shall provide that when any contactable surface of the school bus, as specified in the Federal Motor Vehicle Safety Standard 49 CFR Section 571.222, is impacted from any direction at twenty-two feet per second by the head form, the axial acceleration at the center of gravity of the head form shall be such that the head form impact requirement shall not exceed eight hundred.
(b) Passenger seat safety belts for existing school buses. Any school bus as defined in section one hundred forty-two of this chapter, which is scheduled for retrofitting pursuant to action by a board of education or board of trustees under section t hirty-six hundred thirty-five-a of the education law shall be retrofitted so that all passenger seats on such vehicles are equipped with seat safety belts and additional padding of a type and specification as approved by the commissioner of transportatio n through the adoption of rules and regulations. Such rules and regulations shall provide that when any contactable surface of the school bus as specified in the Federal Motor Vehicle Safety Standard, 49CFR Section 571.222 is impacted from any direction at twenty-two feet per second by the head form, the axial acceleration at the center of gravity of the head form shall be such that the head form impact requirement shall not exceed eight hundred. Furthermore, the commissioner shall have the power thro ugh rules and regulations to exempt certain design school buses from retrofitting in granting such exemptions the commissioner shall consider safety factors, structural integrity of the school buses and any other items deemed necessary to preserve the sa fety and welfare of the school bus passengers. Provided further however that the commissioner of transportation shall not authorize retrofitting of any school bus manufactured prior to April first, nineteen hundred seventy-seven.
@ 2. Paragraph b of subdivision seven of section thirty-six hundred two of the eduction law, as amended by chapter fifty-three of the laws of nineteen hundred eighty-five, is amended to read as follows:
b. For the purposes of this apportionment, approved transportation expense shall be the actual expenditure incurred by a school district and approved by the commissioner (i) for those items for which an allowance would be provided under section thirt y-six hundred twenty-seven for the transportation of pupils as defined in section thirty-six hundred twenty-one if the district were eligible for transportation quota state aid under part two of this article, and (ii) for the transportation required or a uthorized pursuant to article eighty-nine, and (iii) for regional or joint transportation systems and (iv) for computerized bus routing services, (v) for the transportation of any pupil during the school day to and from programs at a board of cooperative educational services or to or from approved shared programs at other school districts, which programs may lead to a diploma or a high school equivalency diploma or to or from occupational education programs operated within the district, (vi) for the pur chase of two-way radios to be used on old and new school buses, and (vii) for the purchase of stop-arms as defined by subdivision twenty of section two of this chapter, to be used on old and new school buses and (viii) for the purchase and installation o f seat safety belts on school buses in accordance with the provisions of section thirty-six hundred thirty-five-a of this chapter. Approved transportation expense shall include employers social security contributions for transportation personnel. Approv ed transportation expense shall also include all salaries and retirement benefits related to transportation, except salaries and retirement benefits for assistant drivers on buses transporting nonhandicapped pupils, and health, life and other insurance p remiums for transportation personnel for whom salaries are approved, premiums for collision and other insurance coverage, uniforms, and equipment and other expenses as approved pursuant to regulations of the commissioner.
@ 3. Section thirty-eight hundred thirteen of such law is amended by adding a new subdivision four to read as follows. (Illegible Lines)
(Illegible Words) Safety belt usage. 1. A board of education or board of trustees may in its discretion, following a public hearing for the purpose of determining whether a resolution shall be adopted, provide for the use of seat safety belts on such s chool buses, in accordance with regulations and standards established by the commissioner under subdivision one of section thirty-six hundred twenty-three of this chapter.
2. Such public hearing, conducted upon reasonable notice, shall be held to consider: (a) whether the district shall install seat safety belts on buses purchased and/or contracted for prior to the effective date of this section and require their use; (b) when such installation shall be provided, and (c) whether use of seat safety belts shall be required on all school buses within the district so equipped after a date to be determined by the board of education or board of trustees.
3. Such hearings shall consider the effect of seat safety belts installation on the total number of students that can be transported on such buses.
4. Within twenty days after the public hearing, the board of education or board of trustees shall, by resolution, determine whether to require installation and use of seat safety belts on some or all school buses.
5. This section shall apply only to vehicles owned or leased by school districts and nonpublic schools, and to vehicles used to perform contracts with such school districts and nonpublic schools for the purpose of transporting school children for hir e.
6. Nothing in this section shall be construed to impose a duty upon boards of (Illegible Word) or boards of trustees to provide seat safety belts on school buses purchased or contracted for prior to the effective date of this section, nor shall any b oard of education or board of trustees be held liable for failure to provide seat safety belts pursuant to this section. A school board member or trustee shall have immunity from any (Illegible Words) liability that might otherwise be incurred or impose d is a result of the provisions of the section provided that such person (Illegible Words) in good faith. For the purpose of any proceeding, civil (Illegible Words) the good faith of any such person shall be presumed.
7. The premissions of this section shall not be apply to school districts which are using safety belts on school buses or have instilled or have (Illegible Word) for the installation of seat safety belts prior to the effective date of this section. @ 8. (Illegible Word) on eof section thirty-six hundred twenty-three of (Illegible Words) amended by chapter two hundred twenty-seven of the laws of (Illegible Words) seventy-nine, is amended to read as follows: (Illegible Lines) efficency and equipment of school buses used to transport pupils, with particular regard to the safety and convenience of such pupils and the suitability and adaptability of such school buses to the requirements of the school district. The capacity of such school buses shall not be in excess of the needs of the school district with reference to the particular route or routes traveled by such school bus. No school bus shall be purchased by a school district or used for the transportation of pupils unless and until it has bee n approved by the commissioner as complying with the rules, standards and specifications relating thereto. No bus manufactured after January first, nineteen hundred seventy-four shall be used to transport pupils under any contract with a school district or board of cooperative educational services unless it has been similarly approved by the commissioner, except that no such approval shall be required for buses used to transport pupils and also used to serve the general public under a certificate of pu blic convenience for the operation of an omnibus line, granted pursuant to the transportation law. The commissioner shall also establish and provide for the enforcement of rules and regulations requiring instruction on the use of seat safety belts as spe cified in subdivision five of section three hundred eighty-three of the vehicle and traffic law and section thirty-six hundred thirty-five-a of this chapter, drills in safe boarding and existing procedures and emergency drills to be conducted on all scho ol buses and shall emphasize specific hazards encountered by children during snow, ice, rain and other inclement weather. All such drills shall include instruction in the importance of orderly conduct by all school bus passengers. A minimum of three su ch drills shall be had on each school bus during the school year, the first to be conducted during the first week of the fall term.
@ 6. This act shall take effect on the thirtieth day after it shall have become a law.