Interpretation ID: nht88-1.25

TYPE: INTERPRETATION-NHTSA

DATE: 02/03/88

FROM: ERIKA Z. JONES -- NHTSA

TO: L. T. MITCHELL -- SPECIFICATION ENGINEER THOMAS BUILT BUSES, L. P.

TITLE: NONE

ATTACHMT: LETTER DATED 08/21/87 FROM LT MITCHELL TO ERIKA JONES RE REQUEST FOR INTERPRETATION ON FMVSS 222 ON SCHOOL BUSES WITH A GVWR OF 10,000 OR LESS, REF ENCLOSED LETTERS MR. JONES TYDINGS, THOMAS BUILT BUSES; NHTSA RESPONSE NOA-30; OCC-945; LETTER D ATED 05/11/78 FROM JOSEPH J LEVIN JR TO JAMES TYDINGS; LETTER DATED 03/10/78 FROM JAMES TYDINGS TO US DEPARTMENT OF TRANSPORTATION RE FMVSS 217 - SECTION 5.2 "PROVISION OF EMERGENCY EXITS"

TEXT: Dear Mr. Mitchell:

This is a response to your letter asking whether it is permissible to install only two seat belts on a 39-inch bench-seat in a school bus with a gross vehicle weight rating (GVWR) of 10,000 pounds or less (small school bus). I apologize for the delay in this response. The answer is no.

You stated that Thomas Built Buses (Thomas) would like to accommodate certain customers who wish to have two designated seating positions on each 39-inch bench-seat installed in a small school bus "for passenger comfort reasons." Your letter sets forth a suggested rationale as to why Thomas believes such a configuration would be permissible in small school buses. First, you argued that a May 11, 1978 interpretation of Standard 217, Bus Window Retention and Release, states that Federal motor vehicle saf ety regulations do not prohibit having only two-passenger seating positions on a 39-inch bench-seat in a bus designed for adult transportation. In these circumstances, we said, a manufacturer has some discretion to decide the number of designated seatin g positions in its vehicles, but must make a good faith determination of the vehicle's passenger capacity to discourage vehicle overloading.

You reason that because the term "designated seating position" is in the Definitions section of the Federal safety standards (49 CFR @571.3), the definition applies to all safety standards. You apparently conclude that our earlier interpretation of Stan dard 217 and the definition of "designated seating position" in @571.3 permit a manufacturer to make a good faith determination respecting the number of seating positions on a school bus. Based on this conclusion, you posited two situations in which thi s reasoning might be applied.

Situation 1 was described as follows in your letter:

Thomas Built Buses interprets (the May, 1978, interpretation) to be applicable for a school bus sold to carry only high school students. We consider the use of two seat belts on a 39 inch seat to be reasonable and justified due to passenger size maki ng three passengers on one 39" seat impossible. We would honor a purchaser's request to equip these 39" seats with two belts each. Is this interpretation correct?

This interpretation is incorrect for several reasons. First, the earlier interpretation did not apply to school buses; by its own terms, it is clearly limited to buses other than school buses. Second, there is not a separate set of standards that speci fy differing requirements for school buses designed to carry high school students. In determining whether school bus standards apply to a vehicle designed to carry 11 or more persons, the proper inquiry is whether the bus is sold to carry "primary, prep rimary, or secondary school students" to or from school or school-related events. Any vehicle that meets this definition of the term "school bus" must comply with all applicable school bus standards, regardless of whether it is designed to carry small c hildren to kindergarten or teenagers to high school.

Third, the definition of "designated seating position" and our interpretations of that term, are not relevant in determining whether a school bus bench-seat in a small school bus complies with the requirements of Standard 222. Paragraph S4.1 of Standard 222 sets out a specific procedure for calculating the number of seating positions in a bench seat. That paragraph explains that the number of seating positions on a bench seat in school buses is calculated by (1) measuring the width of the bench seat i n inches, (2) dividing by 15, and (3) rounding to the nearest whole number. The value which results from this calculation (expressed by the term "W") is the basis for determining whether the seat complies with the requirements of Standard 222.

For a 39-inch bench-seat, the procedure in S4.1 shows that this seat has three seating positions. Paragraph S5(b) of Standard 222 therfore requires that this bench-seat have three seat belt assemblies installed. Therefore, if your company were to insta ll only two seat belt assemblies on a 39-inch wide bench-seat in a small school bus, you could not certify that the vehicle complies with Standard 222.

For these same reasons, your interpretation set forth in your "Situation 2" is also incorrect. Even if a customer specifically asks that only two seat belt assemblies be installed on 39-inch bench seats, Standard 222 requires your company to equip these seats with three seat belt assemblies.

I hope you find this information helpful.