Interpretation ID: 1985-01.46
TYPE: INTERPRETATION-NHTSA
DATE: 03/07/85
FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA
TO: Thomas Built Buses, Inc.
TITLE: FMVSS INTERPRETATION
TEXT:
Mr. Ron Marion Specification Engineer Thomas Built Buses, Inc. P.O. Box 2450 High Point, NC 27267
Dear Mr. Marion:
This responds to your letter regarding Federal Motor Vehicle Safety Standard (FMVSS) No. 222, School Bus Seating and Crash Protection. You asked whether a single, full width, 90 inch seat may be placed at the last row of the school bus and be designated as a four passenger seat. In telephone calls with Ms. Hom of my staff, you stated that these school buses have a gross vehicle weight rating greater than 10,000 pounds. Further, the next to last row of seats has two 59 inch, three passenger seats, on the left and right of the aisle.
I would like to separate your question into two parts. The first part with designating the full width seat as a four passenger seat even though, under S4.1 of Standard No. 222, the number of seating positions is six. The second part concerns the restraining barrier requirement of Standard No. 222.
We believe that designating a 90 inch, full width seat as a four passenger seat would not comply with FMVSS No. 222. Paragraph S4.1 of the standard states that:
The number of seating positions considered to be in a bench seat is expressed by the symbol W, and calculated as the bench width in inches divided by 75 and rounded to the nearest whole number.
Thus, under S4.1, the number of seating positions on a 90 inch width seat is six. Labeling a 90 inch width seat as a four passenger seat amounts to a disclaimer by the manufacturer that two seating positions are not to used. This practice is prohibited since, despite the disclaimer, it is likely that passengers will use all six seating positions and, thus, each position should provide the level of occupant protection required by our standard. A manufacturer cannot escape its occupant protection responsibilities associated with a designated seating position responsibilities associated with a designated seating position simply by disclaiming that position.
The second part of your question deals with designating the 90 inch seat as a six passenger seat and the requirement in Standard No. 222 for restraining barriers. Standard No. 22 requires a restraining barrier of specified size in front of any designated seating position that does not have the rear surface of another school bus passenger seat within 24 inches of its seating reference point (SRP). From the information in your letter, we have determined that at least one of the designated seating positions in the center portion of the last row would not have the rear surface of another passenger seat within 24 inches of its SRP. A restraining barrier would have to be placed in front of these designated seating positions, and would block the center aisle. Such a barrier would obstruct access to the emergency exits.
FMVSS No. 217, Bus Window Retention and Release, regulates the number, size, and operation of school bus emergency exits. Paragraph S2 states that one of the purposes of Standard No. 217 is "to provide a means of readily accessible emergency egress." Paragraph S5.2.3.1 requires each school bus to be equipped with either a rear emergency door or a side emergency door and a rear window. Paragraphs S5.2.3.1 and S5.4 require unobstructed passage through these exits from the interior of the bus. If there is unobstructed access, as required by paragraphs S5.2.3.1 and S5.4, with the restraining barrier in place, then the buses you describe would not violate that requirement. However, even if the barrier and other aspects of the bus design would not violate the requirement, we would urge that the manufacturers of such buses ensure that the design not complicate efforts of the passengers to reach and use the emergency exits.
Sincerely,
Jeffrey R. Miller Chief Counsel
July 13, 1984
Mr. Frank Berndt, Chief Counsel National Highway Traffic Safety Administration 400 Seventh Street, S.W. Washington, D.C. 20590
Dear Mr. Berndt,
I would like to request an interpretation of the Federal Standard #222 - School Bus Seating and Crash Protection.
Currently, buses with the engine location in the rear, produced by this company, have been seated two-ways as follows:
1. In non-school buses the last row of seats is a single seat across the total width of the vehicle.
2. In the school bus of this type the last row of seats include two separate 39" seat, one on the right and one on the left, leaving an area between the seats for access to the rear emergency exit.
My question is, "Would it be in compliance with Federal Standard #222 to place the single, full width, 90" seat, at the last row of the school bus and designate it as a four passenger seat?"
Your assistance in this matter would be greatly appreciated.
Sincerely,
THOMAS BUILT BUSES, INC.
RON MARION, Specification Engineer
RM/jm