Interpretation ID: 77-2.44

TYPE: INTERPRETATION-NHTSA

DATE: 06/01/77 EST

FROM: AUTHOR UNAVAILABLE; J. J. Levin, Jr.; NHTSA

TO: National School Transportation Association

TITLE: FMVSS INTERPRETATION

TEXT: In reply to your letter to Fred Vetter of May 6, 1977, concerning the knee room required for passengers in a small school bus, I think it is essential for your members to understand that the terms "Type I" and "Type II" are meaningless in the context of the motor vehicle safety standards. There is a difference in the seat spacing requirements for large buses and small buses, but in deciding which spacing a particular bus must meet, the manufacturers must use the criteria of the standards under 49 CFR Part 571, and not the Type I/Type II distinction.

In dealing with the motor vehicle safety standards applicable to school buses, two criteria determine the applicability of various requirements: seating capacity and vehicle weight. The seating capacity of a vehicle determines whether a vehicle is to be considered a school bus. Under the definitions of bus and school bus in 49 CFR @ 571.3, the critical number of passengers is 10. If a motor vehicle is designed to carry "more than 10 persons," it is a bus. If a bus is sold "for purposes that include carrying students to and from school or related events" it is a school bus. All school buses must conform to the applicable requirements of Motor Vehicle Safety Standard No. 222, School Bus Passenger Seating and Crash Protection.

Standard No. 222, however, makes the criterion of weight relevant in determining the spacing between seats. In a bus with a gross vehicle weight rating (GVWR) of more than 10,000 pounds, section 5.2 of the standard requires each passenger seat to have either a seat back or a restraining barrier within 20 inches of the "seating reference point," a design point that is roughly 5.2 inches forward of the seat back. Measured from the seat back, therefore, all school buses with GVWR's of more than 10,000 pounds must provide "knee room" of not more than about 25.2 inches. School buses with GVWR's of 10,000 pounds or less do not have to meet the spacing requirements.

Any school buses that your members purchase will therefore have to meet the spacing requirements of Standard No. 222 if they weigh more than 10,000 pounds. This weight corresponds roughly to a bus with a seating capacity of 14-17 persons, so that most "Type I" school buses would have to meet the spacing requirements, and most "Type II" buses would not. Always keep in mind that it is the school bus's weight, not its seating capacity, that determines the applicability of the spacing requirement.

Sincerely,

ATTACH.

National School Transportation Association MAY 6, 1977

Fred Vetter -- Associate Administrator, NHTSA Safety programs

Dear Mr. Vetter:

RE: Type II Buses

It seems appropriate to bring you up to date on the Type II Bus Saga . . . . . . .

Further discussions with Bob Kure from Wayne and finally with Tim Hoyt of the NHTSA did bring out the fact that the knee room is not a problem in the Type II Buses as earlier stated by our Association.

There are still problems in that Dodge has now dropped out of the market and Chevrolet has yet to certify their chassis. At the moment there is no chassis available to the Type II market. (Ford has not been involved since the April 1 regulations came into being).

The frustration we feel at this time is indeed great. In dialogue with 4 manufacturers of these vehicles and many state directors, the notion that the 25.2" knee room applies to Type II School Buses still abounds. In fact, one Regional Highway Administrator is telling all of his states that 25.2" is fact for both Type II and Type I school buses.

When I first raised the question at the Motor Vehicle Programs Sector, this was told to me as being the truth after I was asked the question by a State Director. That day Tim Hoyt was not in, but someone of his superiors did take the call and confirm that Type II buses need 25.2" knee room and the seat belts. I fussed at this and indicated it would not work and was told "Congress gave us this short time constraint and we did the best we could . . . and we spent a lot of thought about these matters . . . . even if you think we did not". Based on that conversation, I went forth concerned and upset that the Special Education buses would not fit the needs of the children being transported.

We still have concerns and will be reponding to the Activity Bus problems and others as they develop. Your time and attention during our distress is appreciated. If only we could get better answers when we need them!

Sincerely,

BILLIE REYNOLDS