Interpretation ID: nht90-1.9

TYPE: Interpretation-NHTSA

DATE: January 8, 1990

FROM: Jerry Ralph Curry -- Administrator, NHTSA; Signature by Jeffrey R. Miller

TO: Robert J. Lagomarsino -- U.S. House of Representatives

TITLE: None

ATTACHMT: Attached to letter dated 1/31/91 from Paul J. Rice to Scott K. Hiler (Std. 222); Also attached to letter from Erika Z. Jones (signed by Stephen P. Wood) to Joseph Mikoll (Std. 222); Also attached to letter dated 4/2/92 from Michael F. Hecker to Paul J. Rice (OCC 7174); Also attached to letter dated 5/14/92 from Paul J. Rice to Michael F. Hecker (A39; Std. 222); Also attached to letter dated 3/10/89 from Erika Z. Jones to Joseph Mikoll (Std. 222)

TEXT:

Thank you for your letter to Secretary Skinner on behalf of your constituent, Mike Dunn. You inquired about a school bus passenger restraining device marketed by Mr. Dunn. The National Highway Traffic Safety Administration received an inquiry concernin g a similar device in 1988. A copy of our responses, which detail the requirements applicable to such a device, are enclosed. I will summarize those requirements below.

The device being marketed by your constituent, "a safety bar" for school bus passengers, consists of a padded metal bar which is attached to the seat back of the seat in front of the seat whose occupants are to be protected by the safety bar. The bar is hinged to swing up to allow entry and exit of the occupants. The hinge mechanism also allows the bar to drop slightly from its lowered position upon impact in an attempt to reduce the likelihood of abdominal injury. The device operates much like the p assenger restraint bars found on certain amusement park rides.

As explained by the enclosed letters, federal law does not prohibit the installation of your constituent's product on school buses as long its installation and use would not destroy the ability of the required safety systems to comply with the Federal Mo tor Vehicle Safety Standards (FMVSS). If the safety bars are to be installed in any new school bus, the manufacturer of the bus would have to certify that the bus with the safety bars installed complied with the impact zone requirements set forth in S5. 3 of FMVSS No. 222, School bus passenger seating and crash protection (49 CFR Part 571.222).

As the enclosed letters explain, the use of the safety bar would not obviate the need for a school bus with a GVWR of 10,000 pounds or less to comply with FMVSS No. 208, Occupant crash protection (49 CFR Part 571.208). That standard requires that such v ehicles be equipped with either safety belts or automatic restraints at all passenger seating positions.

In addition, as explained in the enclosed letters and information sheet, the manufacturer of the safety bars would be considered a manufacturer of motor vehicle equipment within the meaning of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et sec.). Such a manufacturer is responsible for conducting a notification and remedy campaign if the company or this agency decides that the product contains a defect related to motor vehicle safety, or that it does not comply with an applicable s afety standard.

I hope you have found this information helpful. Please do not hesitate to contact me if you have any further questions.