Interpretation ID: nht88-2.16

TYPE: INTERPRETATION-NHTSA

DATE: 05/04/88

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Patricia Bicking

TITLE: FMVSS INTERPRETATION

TEXT:

Mrs. Patricia Bicking 1132 Chestnut Avenue Woodbury Heights, NJ 08097

This is a response to your letter of last fall in which you asked a number of questions concerning seat-belts and large school buses. apologize for the delay in responding. In your correspondence, you enclosed a letter of January 19, 1984, from this offi ce to Thomas Built Buses, Inc., (Thomas), and the incoming letter from Thomas that was the basis of our interpretation.

Your first question references the January 1989 letter, and asks why the National Highway Traffic Safety Administration (NHTSA) decided that when school bus manufacturers install seat-belts or seat-belt anchorages on large school buses (over 10,000 lbs. gross vehicle weight rating the manufacturers do not have to certify that the belts or anchorages meet Federal motor vehicle safety standards 208, 209, and 210.

The answer to this question is that NHTSA does not require a school bus manufacturer to install seat-belts on large school buses. Our regulations require a motor vehicle manufacturer to certify compliance to allapplicable standards. You ask whether this decision stillstands. The answer to that question is "yes" for the reason just stated. The agency does not require large buses to have seat-belts because the "compartmentalization" concept (to which you allude in your letter) supplies adequate protection for passengers in large school buses.

Let me give you some background information on our school bus regulations that I think will help address your questions. The National Highway Traffic Safety Administration (NHTSA) is responsible for developing safety standards applicable to all new motor vehicles, including school buses. In 1977, we issued a set of motor vehicle safety standards regulating various aspects of school bus performance. Among those standards is Standard 222, School Bus Passenger Seating and Crash Protection. Standard 222 req uires large school buses to have passenger crash protection through "compartmentalization."

Compartmentalization requires large school buses to incorporate certain protective elements into the vehicles' interior construction, thereby reducing the risk of injury to school bus passengers without the need for safety belts. These elements include h igh seats with heavily padded backs and improved seat spacing and performance. (Our regulations require a safety belt for the school bus driver because the driver's position is not compartmentalized. Further, because small school buses experience greater force levels in a crash, passengers on these vehicles need the added safety benefits of the belts.)

You also asked whether there have been and improvements in school bus seating compartments since 1977, and whether the improvements are mandatory. The answer to your question is that there have been no major changes in the school bus safety standards sin ce they became effective in April, 1977. However, the agency continuously reviews school bus safety standards to assess whether it is appropriate to add or amend a requirement.

You may be interested to know that school buses continue to have one of the lowest fatality rates for any class of motor vehicle. Large school buses are among the safest motor vehicles because of their size and weight (which generally reduce an occupant' s exposure to injury-threatening crash forces): the drivers' training and experience: and the extra care other motorists take when they are near a school bus. For these reasons, NHTSA has not required safety belts in large school buses.

I hope you find this information helpful. If you have further questions, please contact Joan Tilghman, of my staff, at (202) 366-2992.

Sincerely,

Erika Z. Jones Chief Counsel

Chief Counsel National Highway Traffic Safety Administration

Dear Chief Counsel

I am writing to you in behalf of the compartmentalization concept for large school buses.

I have a copy of a letter written from the NHTSA and addressed to Mr. Ron Marion of Thomas Built Buses, dated 1-19-84.

This letter states it was decided that school bus manufacturers were allowed to install seat belts for passenger seats (without) having to certify that the belts and anchorages apply with (standards) #s 208, 209 and 210. Could you please explain why this decision was made? And does this decision still stand today?

I also have information from the National Transportation Safety Board Safety Recommendations; H-83-39 through 41.

In 1977 there were recommendations for large school buses to de designed in the way that they will support the installation and use of a seat belt.

The NHTSA response states, "Improving the seating compartments eliminates the need for seat belts and provides sufficient crash protection."

A truly excellent response but, could you please explain what, if any type improvements have been made since this date of 1977? Have any of these improvements become mandatory?

Could you also please explain what the FMVSS 222 is? And what are the major requirements for the FMVSS 222.

Thank you so much for your time.

Mrs. Patricia Bicking of Woodbury Hts. N.J.