Interpretation ID: nht89-1.35

TYPE: INTERPRETATION-NHTSA

DATE: 03/10/89

FROM: ERIKA Z. JONES -- CHIEF COUNSEL NHTSA

TO: JOSEPH F. MIKOLL -- VICE PRESIDENT TRANSPORTATION EQUIPMENT CORP.

TITLE: NONE

ATTACHMT: LETTER DATED 12/15/88 FROM JOSEPH F. MIKOLL TO ERIKA Z. JONES -- NHTSA, OCC 2812; LETTER DATED 12/03/88 FROM ERIKA Z. JONES -- NHTSA TO JOSEPH F. MIKOLL; LETTER DATED 08/11/88 FROM JOSEPH F. MIKOLL TO ERIKA Z. JONES

TEXT: Dear Mr. Mikoll:

This responds to your letter asking for clarification of my November 3, 1988 letter to you. In a letter dated August 11, 1988, you requested my opinion concerning the acceptability of installing a new product you are developing (a "safety bar") in schoo l buses with a gross vehicle weight rating (GVWR) of 10,000 pounds or less instead of installing safety belts in those vehicles. The "safety bar" consists, in part, of two curved metal poles in planes that are parallel to the longitudinal centerline of the bus. The curved metal poles are attached to the outside of the seat in front of the seat whose occupants are to be protected by the "safety bar." These curved poles are joined by three cross or transverse members that are parallel to the seat and ar e covered with padding. The padded surface extends over the entire width of the seat whose occupants it is intended to protect. When an occupant wishes to be seated, he or she must lift the safety bar and then sit down and allow the safety bar to lower so that it rests on the occupant's thighs. Additionally, a special strap resembling a very long seat belt assembly must be fastened around the safety bar to hold it in position in the event of a crash.

In my November 3, 1988 reply to your letter, I explained that the crash protection requirements for school buses with a GVWR of 10,000 pounds or less are set forth in S5(b) of Standard No. 222, School Bus Passenger Seating and Crash Protection (49 CFR @ 571.222). That section requires that each designated seating position be equipped with either safety belts or a protection system that requires no action by vehicle occupants. Since the "safety bar" is not a protection system that requires no action by vehicle occupants, my November 3 letter explained that the "safety bar" could not be installed in place of safety belts in small school buses; i.e., school buses with a GVWR of 10,000 pounds or less.

My November 3, 1988 letter also explained that safety bars could be installed in small school buses in addition to safety belts, if the safety bars do not destroy the ability of the required safety belts to

comply with the requirements of our safety standards. I also stated that a manufacturer that installed these safety bars in small school buses would have to certify that the bus in which the safety bars were installed complied with the school bus emerge ncy exit requirements of Standard No. 217, Bus Window Retention and Release (49 CFR @ 571.217) and with the impact zone requirements specified in S5.3 of Standard No. 222.

You asked whether my November 3, 1988 letter addressed the situation for both large school buses (i.e., those with a GVWR of more than 10,000 pounds) and small school buses, or whether it addressed only small school buses. Your previous letter asked onl y about small school buses, so my November 3 letter addressed those vehicles only. Assuming this was the case, you asked for "an opinion that [the safety bar] does not conflict with any standard for large school bus installation." I am happy to have thi s chance to explain our regulations to you.

Let me begin by noting that the National Traffic and Motor Vehicle Safety Act requires each manufacturer to certify that each of its motor vehicles or items of motor vehicle equipment complies with all applicable safety standards. Because of this statuto ry provision, NHTSA has no authority to approve, endorse, or offer assurances of compliance for your product. Instead, any manufacturer that installs your safety bar in its large school buses must itself certify that those large school buses comply with all applicable safety standards when the safety bars are installed.

The occupant crash protection requirements for large school buses are set forth in Standard No. 222. No provision of Standard No. 222 expressly prohibits the installation of "safety bars" in large school buses. Hence, "safety bars" can be installed in a large school bus, provided that the manufacturer of the bus certifies that it complies with all applicable requirements set forth in the safety standards with the safety bars installed. These requirements include the emergency exit requirements specif ied in Standard No. 217, all of the requirements of Standard No. 222, and the flammability resistance requirements of Standard No. 302, Flammability of Interior Materials (49 CFR @ 571.302).

Please let me know if you have any further questions or need additional information.

Sincerely,