Interpretation ID: 1985-01.43

TYPE: INTERPRETATION-NHTSA

DATE: 03/01/85

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Mr. Ernest Farmer Tennessee State Department of Education

TEXT:

Mr. Ernest Farmer Director, Pupil Transportation Tennessee State Department of Education Office of Commissioner Cordell Hull Building Nashville, Tennessee 37219-5335

Dear Mr. Farmer:

This responds to your letter to me regarding our motor vehicle safety standards for school buses. You asked several questions about Standard No. 222, School Bus Passenger Seating and Crash Protection, and Standard No. 301, Fuel System Integrity. In a telephone conversation you had on February 8, 1985, with Ms. Hom of my staff, you also asked about the safety standards that apply to vans carrying 10 or less persons that are used to transport school children.

To begin, I would like to explain that the motor vehicle safety standards issued by our agency apply to the manufacture and sale of new motor vehicles. As you know, in 1974, Congress expressly directed us to issue standards on specific aspects on school bus safety. The standards we issued became effective April 1, 1977, and apply to each school bus manufactured on or after that date. A manufacturer or dealer who sells a new bus to a school must sell a bus that complies with the motor vehicle safety standards applicable to school buses.

Under our regulations, a "bus" is defined as a motor vehicle designed for carrying 11 or more persons. "School bus" is defined as a bus that is sold for purposes that include carrying students to and from school or related events (excluding buses sold as common carriers in urban transportation). A van type vehicle, constructed on a truck chassis, carrying 10 persons or less is classified as a multipurpose passenger vehicle (MPV). New MPV's sold to schools need not meet the school bus safety standards, since these vehicles are not buses. However, there are many motor vehicle safety standards applicable to MPV's. New MPV's must be certified by their manufacturers as complying with these safety standards. I have enclosed a list of the motor vehicle safety standards applicable to MPV's, as you requested.

The first question in your letter asked whether we require Type A vehicles which carry 15 to 22 passengers to comply with the provisions of Standards Nos. 222 and 301. over the telephone, you explained that these vehicles are school buses with gross vehicle weight ratings (GVWR) of 10,000 pounds or less.

The answer to this question is yes. Standard No. 222 applies to all school buses. However, the requirements of the standard vary depending on the GVWR of the bus. Standard No. 301 applies to all school buses that use fuel with a boiling point above 32 degrees F. A new school bus must be certified as complying with the applicable requirements of theses safety standards.

The first part to your second question asked, "Does NHTSA consider a 14 crash barrier installed in front of standard 39" bench seats an the right side of the aisle in these vehicles to be in compliance with FMVSS 222?"

The answer to this question is that there is no violation of Standard No. 222's restraining barrier requirements. This is because the restraining barrier requirements do not apply to school buses of 10,000 pounds or less GVWR. Paragraph S5(b) of the standard lists the requirements that apply to these smaller school buses, and the restraining barrier requirements found in paragraph S5.2 are not listed in S5(b). If a manufacturer voluntarily chooses to install a restraining barrier in these buses, there is no violation of Standard No. 222 if the barrier is not as wide as the designated seating positions behind it.

The second part of this question asked, "Would seat belts on the front row of seats void the crash barrier requirement in this standard for Type A vehicles? (Wa are aware that NHTSA requires seat belts on all Type A vehicles)"

The answer to this question is similar to that given above. Restraining barriers on school buses with GVWR's of 10,000 pounds or less are not required by Standard No. 222. Since these smaller school buses are equipped with seat belts, the standard does not regulate seat spacing in these vehicles.

The third part of this question asked, Would the location of the gas tank between frame members also void the requirement in FMVSS 301 for a protective barrier?"

The answer is that Standard No. 301 sets performance requirements that each school bus must meet; it does not require specific designs, such as a protective barrier. A manufacturer can position its gas tank at any location as long as it can meet the performance requirements of the standard at that location.

Your third question asked, "Does NHTSA require the installation of a metal shield between the exhaust system and the gas tank when such locations are 12 or less from each other? (Note: We have some Type A vehicles with variations of 6 to 8 inches that supposedly have NHTSA approval.)"

Neither Standard No. 301 nor any of the agency's other standards set any requirements concerning the installation of metal shields between the exhaust system and the gas tank.

If you have further questions, please do not hesitate to contact us.

Sincerely,

Original Signed By

Frank Berndt Chief Counsel

Enclosure

December 3, 1984

Mr. Frank A. Berndt, Chief Counsel NHTSA NOA-30 U. S. Department of Transportation Washington, D.C. 20590

Dear Mr. Berndt:

Please respond to the following questions at your earliest convenience:

1. Does NHTSA require Type A vehicles in a capacity range of 15-22 passengers to comply with the provisions of FMVSS 222 and 301?

2. If so, does NHTSA consider.

a. A 14" crash barrier installed in front of standard 39" bench seats on the right side of the aisle in these vehicles to be in compliance with FMVSS 222 requirements?

b. Would seat belts on the front row of seats void the crash barrier requirements in this standard for this type vehicle? (Note: We are aware that NHTSA requires seat belts on all Type A vehicles.)

c. Would the location of the gas tank between frame members also void the requirement in FMVSS 301 for a protective barrier?

3. Does NHTSA require the installation of a metal shield between the exhaust system and the gas tank when such locations are 12" or less from each other? (Note: We have some Type A vehicles with variations of 6-8" that supposedly have NHTSA approval.)

Thank you for your time.

Sincerely yours,

Ernest Farmer, Director Pupil Transportation

EE:if Enclosure cc: Lt. Leonard Murray