Interpretation ID: nht87-2.66

TYPE: INTERPRETATION-NHTSA

DATE: 08/11/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Larry F. Wort; Illinois Department of Transportation

TITLE: FMVSS INTERPRETATION

ATTACHMT: 3/23/76 letter from F. Berndt to Dept. of Transportation - New York (Std. 222); 8/11/87 letter from Erika Z. Jones to Melvin H. Smith

TEXT:

Larry F. Wort, Chief Bureau of Safety Programs Division of Traffic Safety Illinois Department of Transportation 2300 S. Dirksen Parkway Springfield, IL 62764

This responds to your May 26, 1967, letter to me asking about our requirements in Standard 222, School Bus Passenger Seating and Crash Protection, for restraining barriers and seat back height. I appreciate this opportunity to explain our requirements. I n this discussion, I would also like to go over preemption issues that are raised by the state law you describe.

In your letter, you said that Illinois has recently enacted a law requiring 28-inch-high seat backs on new large school buses (i.e., buses with gross vehicle weight ratings greater than 10,000 pounds). You ask whether the 28-inch-high seat backs w ould negate the requirement for a restraining barrier in front of the front passenger seat. The answer is no.

Paragraph S5.2 of Standard 222 specifies: "Each vehicle shall be equipped with a restraining barrier forward of any designated seating position that does not have the rear surface of another school bus passenger seat within 24 inches of its seating refe rence point . . . ." The standard makes no exception for any type of school bus passenger seat. The reason for the broad application is clear, since restraining barriers are needed to compartmentalize the seating area.

Your second question was whether the height of the restraining barrier must be as high as the height of the extended seat back. The answer is no. The requirements for restraining barrier surface area are found in paragraph S5.2.2 of Standard 222. That section states: "in a front projected view of the bus, each point of the barrier's perimeter coincides with or lies outside of the perimeter of the seat back of the seat for which it is required." The seat back of the seat for which a restraining barrier is required has dimensions specified in S5.1.2 of the standard. A restraining barrier must therefore only coincide with or lie outside of the seat back surface required by S5.1.2. If a seat back su rface exceeds the size required in Standard 222, the size of the restraining barrier need not coincide.

The preemption issue you raise relates to the Illinois law mandating the 28-inch-high seat backs and FMVSS 222's seat back height requirement. I have enclosed a copy of our recent letter to Mr. Melvin Smith of your Department which explains that the Illi nois law for 28-inch high seat backs is preempted by Federal law. However, as discussed in our letter, the State may require the high seat backs for public school buses.

I hope this information is helpful. Please contact my office if you have further questions.

Sincerely,

Erika Z. Jones Chief Counsel

Enclosure

(See 8/11/87 letter from Erika Z. Jones to Melvin H. Smith; also see 3/23/76 letter from F. Berndt to Dept. of Transportation - New York)

May 26, 1987

Dear Ms. Jones:

When a school bus with gross vehicle weight rating (GVWR) more than 10,000 pounds is equipped with passenger seats having 28 inch seat backs (i.e., all backs about 4 inches higher than standard seat backs), will federal Motor Vehicle Safety Standard 222 (49 CFR 571.222) require a restraining barrier for each front seat?

If a restraining barrier is required for each front seat having a 28 inch high seat back, in a school bus with a gross vehicle weight rating more than 10,000 pounds, must the height or that barrier match the seat back height:

Illinois law requires every Type I school bus (GVWR more than 10,000 pounds) manufactured after June 30, 1987 and sold, purchased, or used as a school bus within Illinois to be "equipped with passenger seat backs having a seat back height of 28 inches". A bus body manufacturer has pointed out that to accommodate the higher backs either the bus body must be longer or "knee clearance" must be reduced throughout the bus. Omitting the two front barriers would provide additional space to accommodate the high seat backs without lengthening buses or shortening knee clearances.

We will be most grateful for an immediate answer to our questions.

Sincerely,

Larry F. Wort, Chief Bureau of Safety Programs Division of Traffic Safety