Interpretation ID: nht73-3.3

DATE: 11/27/73

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Blue Bird Body Company

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of October 23, 1973, concerning the installation of seat belts and seat belt anchorages for passenger seats in school buses. The belts would be used to assist handicapped passengers in remaining seated while the bus is in motion.

Motor Vehicle Safety Standard No. 210, which regulates the strength of seat belt anchorages, applies only to the driver's seat in a bus. The passengers' seats are not covered by the standard. As a result, an anchorage provided at a passenger seat in a bus does not have to meet the requirements of Standard No. 210.

If you plan to acquire conventional automotive seat belts for use in the buses, you will find that all belts must be certified to Standard No. 209, Seat belt assemblies, by the belt manufacturer. Because of this the belt should not be a problem for you.

We would encourage you to construct the belt anchorages so that they have the capacity to protect the passengers in sudden stops or crashes, as well as to keep them in the seat during normal service. However, the anchorage standard does not have to be met for these seats and will not be an impediment to fulfilling your customers' orders for anchorage-equipped seats.

BLUE BIRD BODY COMPANY

October 23, 1973

Richard Dyson Assistant Chief Counsel NHTSA

Recent advertisements tell us that court decisions have held that it is a right of every child, regardless of physical or mental handicaps, to have a publicly financed education. In addition to this, there seems to be increased awareness of the special needs of handicapped children.

For these reasons, the usage of, and demand for special vehicles to transport handicapped children to and from school has increased in the past few years. With this increased usage, the problem of "passenger containment" during transportation has become more acute. Typical vehicles are used to transport both wheechair-confined passengers and other passengers who are ambulatory when aided, but yet have reduced muscular control. The problem we wish to address deals with the containment of these latter passengers in regular school-bus type seats during normal vehicle operation.

We have received several requests to install seatbelts in these special vehicles - not to mitigate the results of any accident - but rather to contain passengers during normal vehicle operation. Heretofore, we have declined such requests because our interpretation of FMVSS 209, S2 and S3 indicates that any such belts would have to meet the requirements of FMVSS 209 and FMVSS 210 even though seat belts are not now required for bus passenger seats.

We have not attempted to build seats with belts that meet these regulations because:

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1. Anchoring (3) belts to the seat frame would require the frame to withstand a 15,000 lb. load as specified by FMVSS 210, S5.1. Current seats cannot withstand this loading and the market does not warrant the cost of a totally redesigned and re-tooled seat for handicapped passengers.

2. Anchoring belts to the floor would inhibit wheelchair movement within the vehicle, would present unacceptable tripping hazards to already handicapped children and is not acceptable to the purchasers and users of these special vehicles.

However, demand for occupant containment devices has increased to the point where some states are requiring them in their specifications. For example, the latest specification from Pennsylvania reads:

"Seat frames shall be equipped with rings or other devices to support pupils. This is not a seat belt or harness intended to mitigate the result to traffic accidents."

Therefore, we would like to propose that seatbelts which do not meet the full anchorage strength requirement of FMVSS 210 be allowed in special vehicles to transport handicapped children. Clearly these devices would add to passenger protection in all modes of operation.

Because of the urgency of this matter, we would appreciate an early response. Thank you.

W. G. Milby Project Engineer

cc: Dave Phelps Jim Moorman John Maddox