NHTSA's Position About
Seat Belts On School Buses

Downloaded from the NHTSA Website: September 9, 1997

The National Highway Traffic Safety Administration (NHTSA) is responsible for establishing Federal motor vehicle safety standards to reduce the number of fatalities and injuries from motor vehicle crashes, including those involving school buses. We also work with the states on school bus safety and occupant protection programs. School bus safety is one of our highest priorities.

School bus transportation is one of the safest forms of transportation in the United States. We require all new school buses to meet safety requirements over and above those applying to all other passenger vehicles. These include requirements for improved emergency exits, roof structure, seating and fuel systems, and bus body joint integrity. These requirements help ensure that school buses are extremely safe.

Every year, approximately 394,000 public school buses travel approximately 4.3 billion miles to transport 23.5 million children to and from school and school-related activities. Since 1984, on the average, 11 passengers per year have died in school bus crashes. While each of these fatalities is tragic, it should be noted that the numbers of fatalities among school bus occupants are small when compared to those in other types of motor vehicles. For example, in 1995, twelve occupants in a school-bus-body type vehicle died in a crash. During the same year, 8,168 children between the ages of 5 and 20 died as passengers or drivers in all other types of motor vehicles.

School bus crash data show that a Federal requirement for belts on buses would provide little, if any, added protection in a crash. The National Transportation Safety Board (NTSB) and the National Academy of Sciences (NAS) have come to the same conclusion. NTSB concluded in a 1987 study of school bus crashes that most fatalities and injuries were due to occupant seating positions being in direct line with the crash forces. NTSB stated that seat belts would not have prevented most of the serious injuries and fatalities occurring in school bus crashes.

In 1989, NAS completed a study of ways to improve school bus safety and concluded that the overall potential benefits of requiring seat belts on large school buses are insufficient to justify a Federal requirement for mandatory installation. NAS also stated that the funds used to purchase and maintain seat belts might better be spent on other school bus safety programs and devices that could save more lives and reduce more injuries.

Rather than requiring seat belts, NHTSA decided that the best way to provide crash protection to passengers is through a concept called "compartmentalization." This requires that the interior of large buses provide occupant protection so that children are protected without the need to buckle-up. Occupant crash protection is provided by a protective envelope consisting of strong, closely-spaced seats that have energy-absorbing seat backs. The effectiveness of compartmentalization has been confirmed in the NTSB and NAS studies.

Small school buses, those with a gross vehicle weight rating under 10,000 pounds, must be equipped with lap or lap/shoulder belts at all designated seating positions. Since their sizes and weights are closer to those of passenger cars and trucks, the agency believes seat belts in those vehicles are necessary to provide occupant protection.

School bus pedestrian fatalities account for the highest number of school bus related fatalities each year. There are about 31 such fatalities per year, about two-thirds of which involve the school bus itself and about one-third of which involve motorists illegally passing the stopped school bus. In its 1989 report, NAS stated that since children are at "greater risk of being killed in school bus loading zones (i.e., boarding and leaving the bus) than in the bus, a larger share of the school bus safety effort should be directed to improving the safety of school bus loading zones." NHTSA agrees with NAS that states and localities should focus their efforts toward improving school bus loading zones.

While no Federal requirement exists for seat belts on large school buses, states and localities are free to install them if they feel it is in the best interest of safety in their area. However, the NAS report states that if seat belts are to be beneficial, "states and local school districts that require seat belts on school buses must ensure not only that all school bus passengers wear the belts, but that they wear them correctly."

Seat belts have been required on passenger cars since 1968. Forty-nine states have enacted laws requiring the wearing of seat belts in passenger cars and light trucks. Laws governing the usage of occupant restraints are the prerogative of each state. We strongly believe that wearing seat belts is important. On December 28, 1996, in his weekly radio address, President Clinton asked all Americans to always wear seat belts as the first line of defense against injuries and fatalities. On April 16, 1997, Transportation Secretary Rodney E. Slater submitted a Presidential Initiative to Increase Seat Belt Use Nationwide. It emphasizes the strong enforcement of occupant protection laws as a key component and calls for Members of Congress, Federal agencies, governors, mayors, law enforcement, business and others to play active roles in this national endeavor.

School buses are heavier, experience less crash forces, and distribute crash forces differently than do passenger cars and light trucks. Because of this, the crash force experienced by the passengers of large buses is much less than that experienced by occupants of passenger cars, light trucks, or vans. Federal regulations require the installation of occupant restraints in motor vehicles based on the vehicle type and size. Because the safety record of school buses is outstanding, and because there is no compelling evidence to suggest that seat belts would provide even higher levels of occupant protection in crashes, NHTSA agrees with the NAS report that there is insufficient reason for a Federal mandate for seat belts on large school buses.

Click here to visit the school bus section of the National Highway Traffic Safety Administration's home page.

Source: NHTSA Website

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March 24, 1989

The Honorable Robert C. Smith
U.S. House of Representatives
Washington, DC 20515

Dear Mr. Smith:

Thank you for your letter to Secretary Skinner on behalf of your constituent, Mrs. Maureen Andrews, of Derry. You expressed concern about the absence of safety belts for school bus passengers and about the number of persons to occupy a school bus seat. I've been asked to respond to your letter since the National Highway Traffic Safety Administration (NHTSA) is responsible for administering Federal programs relating to school bus safety.

The National Traffic and Motor Vehicle Safety Act of 1966 authorizes NHTSA to issue motor vehicle safety standards for new motor vehicles, including school buses. In 1974, Congress amended the Act to direct NHTSA to issue motor vehicle safety standards addressing various aspects of school bus safety, such as seating systems, windows and windshields, emergency exits, and fuel system integrity. Pursuant to that authority, NHTSA issued a comprehensive set of motor vehicle safety standards to make school buses, already a safe mode of transportation, even safer.

We have considered the safety belt issue in connection with our safety standard for school bus passenger crash protection, Federal Motor Vehicle Safety Standard No. 222. Standard No. 222 requires that large school buses provide passenger crash protection through a concept called "compartmentalization." Providing compartmentalization entails improving the interior of the school bus with protective seat backs, additional seat padding, and better seat spacing and performance. These interior features are intended to keep occupants in their seating area and protect them during a crash. They ensure that a system of crash protection is provided to passengers independent of whether these passengers use safety belts.

For your information, I have enclosed a copy of our notice terminating a rulemaking proceeding to decide whether Standard No. 222 should be amended to specify certain requirements for safety belts voluntarily installed on new large school buses. We decided not to amend the standard since these belts appear to be currently installed in a manner that ensures adequate safety performance. The notice provides a thorough discussion of the safety belt issues raised by Mrs. Andrews. As explained in the notice, school buses in this country have compiled an excellent safety record. In addition to meeting compartmentalization requirements, large school buses differ from small school buses in that they have greater mass, higher seating height and high visibility to other motorists. For all of these reasons, the need for safety belts to mitigate against injuries and fatalities in large school buses is not the same as that for smaller vehicles, such as small school buses. Thus, although Standard No. 222 does require safety belts for passengers in small school buses, we conclude that a Federal requirement for the installation of safety belts in large school buses is not justified at this time.

Mrs. Andrews also asks about requirements that apply to the number of children that are allowed to sit on a bench seat. We are not authorized by Congress to regulate the number of persons that may occupy a school bus seat. However, for the purpose of ensuring that school bus manufacturers properly design their large school buses, we do specify the method for establishing the number of designated seating positions on a bench seat.

The number of seating positions on a bench seat is calculated under Standard No. 222 by dividing the bench width in inches by 15 and rounding the result to the nearest whole number. Under this formula, a 39 inch bench seat has three seating positions. (39 divided by 15 = 2.6, which is rounded to 3) For small school buses, the determination of the number of positions ensures that the bench seat would have sufficient restraint systems for the maximum number of persons that should ever occupy the seat, and that the seat provides crash protection to all these persons. For large school buses, the determination ensures that the forces applied to the seat during compliance tests are reasonable reflections of the number of occupants and of the crash forces that would be involved in a real-world crash.

It should be noted, however, that the number of seating positions derived from the Standard No. 222 formula is not meant to be an absolute measure of the seating capacity of the bus, irrespective of occupant size. We recognize that, in practice, school buses transport a tremendously wide variety of student sizes. For example, while a bus that may be capable of easily accommodating 65 preschool or elementary students, it may be capable of carrying only 43 high school students. When the bus is used to transport students of widely varying ages and sizes, the appropriate capacity of the bus will fall somewhere between those two values. The decision on how many passengers may be comfortably and safely accommodated, therefore, is a decision that must be reached by the bus operator, in light of the ages and sizes of passengers involved, and in accordance with state and local requirements.

Since NHTSA does not have the authority to regulate how States use school buses, the agency could not preclude a State from allowing the number of passengers on a bench seat to exceed the number of designated seating positions on that seat. However, we agree with Mrs. Andrews that a student should not stand while riding in a school bus. We agree further that a student should not sit on a seat unless the student can sit fully on the seat instead of sitting only partially on the seat and thus only being partially protected by the compartmentalization. We believe that Mrs. Andrews' concerns as they apply to public schools would be best addressed by her working with the local school board and state officials.

I hope this information is helpful. If you have any further questions, please do not hesitate to contact me.

Sincerely,

(sgn.) Diane K. Steed

Source: NHTSA Website, Interpretation Letters

November 9, 1992

Mr. C. Morris Adams
1201 Rockford Road
High Point, NC 27260

Dear Mr. Adams:

This responds to your FAX of September 24, 1992, requesting a ruling regarding the legality of lap belts at the passenger seats on school buses. As explained below, Federal law has long required lap or lap/shoulder belts to be installed at every passenger seating position on small school buses. Federal law has also long permitted, but not required, lap or lap/shoulder belts to be installed at passenger seating positions on large school buses, provided that those belts do not adversely affect the large school bus's compliance with the applicable safety standards. This is still the agency's position.

As you know, in 1977, NHTSA issued Federal Motor Vehicle Safety Standard No. 222, School Bus Passenger Seating and Crash Protection, which established minimum levels of crash protection that must be provided for occupants of all school buses. For large school buses (those with a gross vehicle weight rating [GVWR] of more than 10,000 pounds), the standard requires occupant protection through a concept called "compartmentalization" -- strong, well-padded, well-anchored, high-backed, evenly spaced seats. Small school buses (those with a GVWR of 10,000 pounds or less) must provide "compartmentalization" and be equipped with lap or lap/shoulder belts at all passenger seating positions. The agency believes that safety belts are necessary in addition to "compartmentalization" in small school buses because of their smaller size and weight, which are closer to that of passenger cars and light trucks.

Ever since 1977, NHTSA has indicated that Federal law permits lap or lap/shoulder belts to be installed at the passenger seating positions on large school buses as long as the vehicle would still comply with all applicable safety standards, including Standard No. 222. NHTSA has no information to indicate that installation of seat belts at the passenger seating positions on a large school bus would affect the bus's compliance with any safety standard. The allegations in your FAX that using seat belts in large school buses will result in crash forces producing concentrated loading on the head, instead of being spread evenly over the upper torso as is the case without a seat belt, are nearly identical with the explanations included in a 1985 Transport Canada report on school bus safety. NHTSA carefully evaluated and considered the Canadian report and these explanations in connection with its rulemaking action considering whether to specify requirements for voluntarily installed seat belts on large school buses. 54 FR 11765; March 22, 1989. After fully considering the Canadian report, the agency stated at 54 FR 11770:

NHTSA shares commenters' concerns about any implications that safety belts negatively affect the protection provided to passengers on large school buses. However, the agency is not aware of accident data showing an injury caused or made more serious by the presence of safety belts on a school bus. Furthermore, NHTSA cannot conclude from the Canadian report's findings that belts actually degrade the benefits of compartmentalization to the extent that the supplemental restraint system renders inoperative the safety of large school buses, but the possibility exists that the occupant kinematics shown in the Canadian tests could occur.

The agency then identified some possible safety benefits that could result from seat belts in large school buses, benefits that were not considered in the Canadian tests. The agency concluded that, "Although these benefits are not significant enough to justify a Federal requirement for the installation of safety belts on all large school buses, they are enough to provide a basis upon which the agency will decline to prohibit the installation of belts on large school buses." 54 FR 11765, at 11770; March 22, 1989. I have enclosed a copy of this notice for your information.

As you can see, NHTSA has carefully considered the subject raised in your FAX and reviewed all available information in this area. After that review, the agency concluded that there was no justification for changing its longstanding position that persons that wish to do so should be permitted to install seat belts at passenger seating positions in large school buses. Your letter did not provide any data that NHTSA had not already considered. Hence, there is no basis for the agency to change its longstanding position in this area.

I hope you find this information helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992.

Sincerely,

(sgn.) Paul Jackson Rice, Chief Counsel

Source: NHTSA Website, Interpretation Letters