The Honorable James Hardy Dillard, II
Member, Virginia House of Delegates
Co-Chairman, House Education Committee
4709 Briar Patch Lane
Fairfax, Virginia 22032

The Honorable James Paul Councill, Jr.
Member, Virginia House of Delegates
Co-Chairman, House of Education Committee
P.O. Box 119
Franklin, Virginia 23851

RE: HB 1884 (Spruill)

Dear Delegate Councill and Delegate Dillard:

I am responding to the questions raised relative to regulations requiring all public school buses purchased on and after January 1, 1998, to be equipped with appropriate safety belt systems and, "the propriety of requiring safety belts for certain rows and current federal requirements." I have included several documents related to this issue which, with this response, I hope will address your committee's concerns about school bus safety.

First, with respect to requiring safety belts for certain rows, bus manufacturers have resisted "configuring a bus with standard seats that do not meet Federal Motor Vehicle Safety Standards (FMVSS) 210 along with those that are reinforced to accommodate safety belts." According to Jacqueline Bodine from Thomas Built Buses, "the concern is with mixing passengers restrained with FMVSS safety belts and passengers not restrained with FMVSS safety belts." This mixing of passenger restraints may cause a "double loading" effect on the seat frame when an unbelted passenger is thrown into a seat which has belted passengers. (Attachment)

The next question addresses use of safety belts and enforcement of the requirements for the use of safety belts. In 1994, the Center for Urban Transportation Research, College of Engineering, University of South Florida prepared a report for the Florida legislature on the "Experiences of School Districts that Operate Large School Buses Equipped with Seatbelts" (summary attached). Through analyses of the collected data, the study found, "overwhelmingly, the majority of the students riding in seatbelt equipped large school buses do not wear the safety belts while being transported. Seventy-seven percent of the respondents stated the students used the belts less than 10% of the time." According to Michael Baltes, the principal investigator, it appears from the analyses that the existence and enforcement of a safety belt use policy is essential to achieve student usage of safety belts.

Mr. Baltes goes on to say that due to the lack of empirical evidence pertaining to the effectiveness of safety belts (ability to reduce fatalities and injuries to school bus occupants when an accident occurs) in large school buses, it is difficult to quantitatively determine if seatbelts provide a significant measure of safety to the occupants of these school buses.

The continuing debate over the safety belts on school buses led to a provision in the Surface Transportation and Uniform Relocation Assistance Act of 1987, requesting that the National Academy of Sciences examine the causes of school bus accidents and evaluate the effectiveness of safety measures, including safety belts, that might better protect children while they are boarding, riding, and leaving school buses. Special Report 222, published in 1989 by the Transportation Research Board, National Research Council (the operating agency of the National Academies of Sciences and Engineering) stated that, "the overall potential benefits of requiring safety belts on large school buses are insufficient to justify a Federal requirement for mandatory installation."

Many of the measures suggested by the committee in Special Report 222 have been implemented fully by the Department. To improve crash worthiness (ability to withstand a crash) of school buses in Virginia, the State Board of Education mandated in 1991, the replacement of all pre-1977 model school buses (those built prior to April, 1977) with post-1977 school buses. The post-1977 school buses require three new federal safety standards and four modified safety standards. The Department has continued to be vigilant in its approach to structural integrity in school bus construction by issuing the annual chassis and body specifications to which all public schools must adhere when purchasing school buses.

As a pre-crash measure suggested in Special Report 222, the Department has required retroreflective tape on new buses ordered since 1994 and has provided local school divisions with materials to apply the tape to older model buses. Additionally, roof-mounted strobe lights are permitted when student passengers are on board and are required during inclement weather.

To protect school bus passengers during crashes, Special Report 222 states "two safety measures merit immediate action: prohibit standees and require higher seat backs (24 inches)." In Virginia, prior to this study, State Board Regulations prohibited standees except in emergency situations, as determined by local school boards, or during the first thirty days of school. Seat back heights were increased by FMVSS 222 and since Virginia has no Pre-1977 school buses, all seat back heights on school buses in Virginia are at or near this recommendation.

During annual fleet assessments, the Department places special emphasis on seat inspection, requiring removal of deteriorating covers and foam, requiring all seat cushions to be attached to the frame, and requiring the inspection of frames for cracks, breaks, or missing bolts. In order for the student passengers to receive the maximum protection from the "compartmentalization," each student must be seated and facing the front of the bus.

A measure that improves the safety of school bus passengers after crashes is the requirement for additional emergency exits. Since 1994, the Department has exceeded the federal requirement by requiring at least one roof-mounted exit regardless of the capacity of the school bus. Further, all pupil riders are required by State Board Regulation to participate in emergency exit drills at least twice a year and drivers are required to instruct student passengers taking field trips on the location of emergency exits.

Special Report 222 recommended additional measures to improve the safety of children in school bus loading zones, and the Department has implemented the following: (1) Increased minimum training requirements for new drivers to meet National Standards (1994); (2) required stop arms on all new school buses beginning in 1979 (every bus is now equipped); (3) offered pedestrian safety programs and training materials to schools and teachers (A Shared Responsibility and Walk, Ride, Walk); (4) required a pedestrian mirror on each fender for viewing students in the "danger zone" and an improved, performance-based mirror system on buses orders since 1993; (5) provided specifications for optional electronic sensing devices; and (6) required a crossing control arm on the front bumper, beginning with 1987 orders for new buses. In 1991, Virginia was one of the first states to require a crossing arm on the front bumper of all buses, including spare buses.

As tragic as accidents are, the number of school bus-related fatalities and injuries is small when compared to those for other motor vehicles. The National Safety Council reported nationally in 1993, over 3,000 automobile fatalities and 950 pedestrian fatalities to individuals aged 0-14. Only five fatalities occurred inside school buses and 25 occurred outside the school bus involving student during 1993. In Virginia, since 1950 there have been 17 students and 5 drivers killed inside school buses and 74 fatalities occurring to students outside the school bus.

The National Transportation Safety Board reported in 1987 that, "school bus occupant deaths and the serious or worse injuries sustained by survivors...were for the most part attributable to the occupants seating position being in direct line with the crash forces. It is unlikely that the availability of any type of restraint would have improved the injury outcome."

Although seat belts are not recommended for large school buses, they are required for some smaller buses. In order to understand completely why some school buses are required by federal law to be manufactured with seatbelts, it is important to know the difference between bus types. For instance, a Type A school bus is one that has a gross vehicle weight rating of 10,000 pounds or less. Since these school buses more closely resemble a passenger van, they are required to have seat belts installed, and Virginia State Board Regulations requirestheir use. Even though these school buses do resemble passenger vans, they must still meet stringent FMVSS school bus requirements.

Another misunderstanding resulting from the requirement for school bus drivers to wear the appropriate safety belts system even in large buses, yet no requirement exists for the student passengers. The benefits derived from seat belt use are different for drivers and student passengers on school buses. Of utmost importance is having the driver remain in the driver's seat and maintain control of the vehicle at all times, including during an emergency or evasive maneuver. The driver faces the same dangers as an automobile driver: hitting the dashboard or steering wheel, being ejected, or being thrown into or through the windshield. On the other hand, students are protected by a system known in the industry as "compartmentalization." Each seating position is specially designed and tested, with well-padded, high back seats placed a specified distance apart, and held to the floor with reinforced floor supports to keep the seat frame in place. This protects students during an accident or evasive maneuver.

While the Department does not believe there is evidence to warrant a statewide mandate for seatbelts in school buses, there is nothing to prohibit a school division from ordering school buses equipped with seatbelts. In fact, in the late 1980's, pilot programs using selected number of seatbelt-equipped school buses, were conducted in Poquoson City and Fairfax County for one year. After this one year period, both systems decided to discontinue the projects, and the seatbelts were either removed from the buses during scheduled maintenance if the belts were damaged or remained for optional use.

I hope this letter and the attachments are helpful and will assist you and your committee in evaluating the use of seatbelts in school buses. Please call Daniel S. Timberlake, Assistant Superintendent for Finance, at (804) 225-2025 if you have any questions on this matter.

Sincerely,

(sgn.) Daniel S. Timberlake
Assistant Superintendent for Finance
Virginia Dept. of Education

DST/am

Attachments