Interpretation ID: 1985-03.14

TYPE: INTERPRETATION-NHTSA

DATE: 07/10/85

FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA

TO: Mr. Lee Comeau, Associate

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Lee Comeau, Associate Bureau of Educational Management Services New York State Education Department Cultural Education Center Room 3059 Albany, New York 12230

Dear Mr. Comeau:

This responds to your April 12, 1985 letter concerning the January 1985 school bus safety study prepared for the Canadian government (Transport Canada). You were particularly interested in the results of the study relating to safety belts in school buses.

The Transport Canada study found that "The use of a type I seat belt system in any current design of school bus may result in more severe head and neck injuries for a belted occupant than an unbelted one, in a severe frontal collision." You asked for our opinion as to the reliability of the findings, and whether they would be admissible in a court of law. You also asked whether a school district or bus manufacturer can be liable for negligence if a seat belt causes injury to a belted occupant.

I must explain that we are unable to issue an opinion regarding either the admissibility or effect of the Canadian study's findings in a court of law. This agency is responsible for establishing Federal motor vehicle safety standards and investigating alleged safety-related defects. We are not authorized to participate in or render advisory opinions on private litigation. The issues you raised would depend on the type of legal proceeding and the evidentiary rules of the particular court system, as well as other evidence that might be introduced in a lawsuit. questions concerning negligence and private liability would also have to be answered according to the law of the particular jurisdiction. Since these matters are usually governed by state law, I suggest that you consult with your attorney to discuss how New York law would apply.

As to whether the Canadian study is reliable, this agency is in the process of reviewing the study's findings. Thus far, we have no reason to dispute its conclusions, given the nature of the test conducted. The results of the study appear to be in agreement with some laboratory tests conducted within the United States, including sled tests conducted by the agency in 1978. Although the Canadian test results appear to be accurate, we would like to emphasize that the study involved only a severe (48 km/h) frontal barrier crash test. Questions concerning how safety belts would provide benefits in other types of crashes, such as side impacts or rollovers, were not addressed. In addition, it must be noted that the study was based on a test, not on real-world statistics. We believe that these factors should be taken into consideration when evaluating the results of the Canadian study and its implications for safety belts on school buses.

As you may know, our Federal motor vehicle safety standards (FMVSS's) do not require the installation of safety belts on new large school buses, but any school district that wishes to have such belts installed is free to do so. We do require safety belts on smaller school buses, because we believe belts are particularly effective in protecting occupants in such vehicles. For larger school buses (those with gross vehicle weight ratings over 10,000 pounds), we require "compartmentalization" -- i.e., high seat backs with extra padding -- to provide occupant protection, and we believe the concept works well.

In that regard, I note the Canadian study found that the requirements for compartmentalization required by Canadian safety standard 222 (CMVSS No. 222) "functions as intended during frontal impacts and provides excellent protection for occupants." FMVSS No. 222, our safety standard mandating compartmentalization in school buses, has requirements similar to CMVSS 222. We believe that the Canadian study further supports the effectiveness of the compartmentalization concept required by FMVSS No. 222.

I hope this information is helpful.

Sincerely,

Jeffrey R. Miller Chief Counsel

April 12, 1985

Mr. Jeffrey Miller, Chief Counsel National Highway Traffic Safety Administration 400 7th Street S.W. Room 5219 Washington, DC 20590

Dear Mr. Miller:

The Canadian government has recently released findings from crash tests that were conducted to test, among other things, the worthiness of seat belts on school buses. The results have been published and are enclosed for your review.

My purpose for writing is twofold:

1. Will you review the Canadian test crash data and determine if the findings are reliable and admissible in a court of law?

2. If the findings are reliable, can a school district, bus manufacturer or seat belt company be held liable for negligence in the event a belted occupant suffers injuries in a school bus accident which are directly related to the wearing of the seat belt?

Since New York has some districts who currently use seat belts and others who are considering the possibility, your timely reply to the inquiry will be greatly appreciated.

Sincerely,

Lee Comeau, Associate Bureau of Educational Management Services Room 3059 Cultural Education Center Albany, Hew York 12230 (518) 474-4738

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