NHTSA s Final Rule on Seat Belts: Where Do We Stand?

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Marcia Hopkins
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1 NHTSA s Final Rule on Seat Belts: Where Do We Stand? FAPT Mid-year Directors Meeting Wakulla County, Feb. 13, 2009 Charlie Hood, Director, Student Transportation Florida Dept. of Education

2 Alabama Accident Narrative Huntsville Crash on November 20, 2006 a 71-passenger, IC school bus with 42 students aboard and enroute to the vocational school from Lee High School crashed over an interstate railing and plunged 30 feet to the ground below.

3 Injuries and Fatalities 4 Fatalities 37 Serious to Minor Injuries Driver was critically injured. 23 Students Treated and Released Same Day 1 Student Was Not Injured

4 Huntsville Crash November 20, 2006

5 Huntsville Crash November 20, 2006

6 Huntsville Crash November 20, 2006

7 Huntsville Crash November 20, 2006

8 Huntsville Crash November 20, 2006

9 Huntsville Crash November 20, 2006

10 Huntsville Crash November 20, 2006

11 Huntsville Crash November 20, 2006

12 Huntsville Crash November 20, 2006

13 States With Seat Belt Laws New York Lap belts, use not required New Jersey - Lap belts, use required California Lap/shoulder (L/S) belts, use required Louisiana required, when funded Florida Lap belts, use required Texas- Phasing in L/S belts

14 Hawaii Iowa Missouri Nebraska Wyoming Mississippi Colorado Illinois Montana Georgia States Considering Belts (Feb. 2009)

15 Issues Out of Huntsville Crash Driver Seat Belt Use Initial reports from NTSB that driver may not have been wearing his belt Seat belt use required stickers. Background Checks LEA and Contractor Monitoring Review of all drivers for compliance

17 FDOE issued flyer in 2005 reminding drivers to wear belts properly Also reminds drivers that students must wear belts Alabama and Florida requiring more visible driver belts to aid monitoring and enforcement

18 What is a Seat Belt? It s s a confusing term. It s s either a lap belt or a lap/shoulder belt Two-point lap belts in cars starting in early 1960s National Transportation Safety Board in 1999 called lap belts obsolete technology Three-point lap/shoulder belts have been required in most vehicles for years Lap/shoulder have belts proven to be the most effective safety restraint

19 What is Compartmentalization System of passive passenger crash protection required on all large school buses since 1977 Padded seats, spaced closely together Provides a protective cocoon or compartment that retains students in most crashes Padding and designed bending of seat frames absorb crash forces

21 Huntsville Crash November 20, 2006

22 Does Compartmentalization Work? Studies by Transport Canada, National Highway Traffic Safety Administration, National Transportation Safety Board confirmed compartmentalization very effective in most types of serious crashes Students seriously injured or killed are usually directly at the point of intrusion Students, though, can be ejected in severe rollovers or side impact collisions

23 Florida s s Law (s ) Requires Safety belts or other other restraint system Applies to each public school bus purchased after 12/31/2000 Requires students to wear properly adjusted and fastened safety belt Districts and operators are not liable for use, nonuse, or misuse of a belt Requires 1 st priority for elementary grades

24 Higher Back Seats? 2002 NHTSA study showed that large, high school age passengers can override the seat back in severe frontal crashes, defeating protection of compartmentalization High-back seats (4 inches higher than current) contain all age students in the passenger compartment Other states have testified that concerns about not being able to observe kids diminish over time

25 FAPT Position FAPT Position Paper: Passenger Restraints in Large School Buses (February 2005): FAPT strongly opposes the use of lap belts in large school buses. FAPT supports the use of lap/shoulder belt restraints IF FULLY FUNDED. (emphasis from document)

26 NHTSA Rulemaking NHTSA held Roundtable on School Bus Seat Belts in DC on July 11, 2007 NHTSA released a Notice of Proposed Rulemaking (NPRM) on Nov. 21, 2007 Numerous organizations/parties submitted comments, including NASDPTS, NAPT, NSTA Final Rule released Oct

27 NHTSA s Final Rule on School Bus Passenger Crash Protection: What Does It Say? National Association of State Directors of Pupil Transportation Services Annual Conference Myrtle Beach, SC October 24, 2008 Roger A. Saul, Ph.D.

28 Responses to NPRM 51 Comments from the general public Parents, students, etc. 9 Comments from seat and restraint manufacturers 6 Comments from bus manufacturers and their professional associations 48 Comments from school bus transportation providers States, transportation directors, bus drivers Professional associations 13 Comments from other organizations/experts

29 Summary of Comments General support for higher seat backs & lap/shoulder belts on small buses Divergent views on mandate of lap/shoulder belts for large buses Some supported mandate Others indicated State/local jurisdictions best positioned to determine most effective use of limited resources - Use of 402 funds could detract from other safety programs Still others expressed seat belts could reduce overall safety Prohibit installation of lap belts on large buses Some did not believe any type of belt should be encouraged Ensure requirements don t prohibit emerging technologies enabling lap/shoulder without reduced seating capacity

30 NHTSA Final Rule Requires: Lap/shoulder belts in new Type A buses (10,000 Gross Vehicle Weight Rating or less) in three years from final rules Test procedures and standards High-back seats in all new buses starting in one year from final rules Provides guidance and standards for states that voluntarily install lap/shoulder belts in large school buses

31 NHTSA Final Rule: Standards for states that continue to require (or newly require) lap belts in large school buses Automatic self-latching latching devices for seat bottom cushions when cushions are designed to flip up for cleaning or inspection

32 Federal Mandate Final rule declines to mandate belts on large school buses Large school buses that meet Federal safety standards without seat belts Do not pose unreasonable risk of death/injury Affirms State & local jurisdiction choice Best positioned to assess overall safety - Many competing demands; widely varying circumstances - NHTSA could not assure that overall safety would not be adversely affected May impose higher performance requirements for own use Final rule performance requirements ensures no degradation of compartmentalization

33 Federal Lap Belt Ban Final rule declines to ban lap belts on large school buses Large school bus crash forces less severe than light vehicles & small buses Already very safe Passenger vehicle crash data show lap belts are effective Allowed in front center seating position Allowed in medium/heavy vehicles Effective in rollover crashes Provide benefit for far-side occupants in side impact

Lead Time/Effective Dates Small bus lap/shoulder belts ~ 3 years All buses manufactured on or after October 21, 2011 Large bus voluntarily installed belts ~ 3 years All buses manufactured on or after

34 Lead Time/Effective Dates Small bus lap/shoulder belts ~ 3 years All buses manufactured on or after October 21, 2011 Large bus voluntarily installed belts ~ 3 years All buses manufactured on or after October 21, 2011 Increased seatback height ~ 1 year All buses manufactured on or after October 21, 2009 Self-latching seat bottom cushions ~ 1 year All buses manufactured on or after October 21, 2009

35 Questions and Comments?

Enhancing School Bus Safety and Pupil Transportation Safety

For Release on August 26, 2002 (9:00 am EDST) Enhancing School Bus Safety and Pupil Transportation Safety School bus safety and pupil transportation safety involve two similar, but different, concepts.