Interpretation ID: aiam3153
Blue Bird Body Company
P.O. Box 937
Fort Valley
GA 31030;
Dear Mr. Milby: This responds to your October 3, 1979, letter asking the Nationa 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 severly handicapped students.; As you know, Standard No. 222 permits side-facing seats for handicappe 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 rearwar 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 th 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 the traditional school 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.; Although it would not be required by regulation, manufacturers shoul 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