OOSC, Part II, Item 16. Buses, c. Loose and/or Temporary Seating

Obstructions to the aisle of a Passenger Vehicle are referenced in Section 16C of the OOSC. This section discusses temporary seats, folding seats, or “items not designed for use as seats in vehicles, including but not limited to, milk crates, folding chairs, plastic steps or plastic stools.” This section also references 393.91 of the FMCSR. 393.91 only discusses aisle seats that are “designed and installed to automatically fold and leave a clear aisle when they are unoccupied. It also states “no bus shall be operated if any seat therein is not securely fastened to the vehicle.” 393.91 makes no mention of other items obstructing the aisle or blocking access to exits.

Section 16C was amended after action item 14-017-PCC in April of 2014 raised the issue of carriers using items as seats in an effort to add passenger capacity to the buses. These items included folding chairs, plastic stools, and buckets. It appears that the intent of the amendment to 16C was to address the specific use of temporary seating with unapproved and/or unsecure devices, and the increase of passenger capacity beyond the manufacturer’s rating. The confusion is when the aisle is blocked by some other item that is not used or intended to be used as a seat. This could include luggage, miscellaneous boxes, or any other item blocking the aisle and creating an obstruction for any passenger to freely exit the bus without delay. 392.62c2 specifically addresses this issue and might be a better reference to the OOSC. 392.62b also requires that all seats conform to 393.91, and thus covers any folding or temporary seating discussed in 16C of the current OOSC.

I request that the OOSC be amended to include language, referencing 392.62, regarding any object that obstructs the aisle of a bus and/or creates an unnecessary delay in exiting the bus. This could be any item, regardless if it is used or intended to be used as seating.