NHTSA Seeks Fix to Child Safety Restraint Standard Affecting School Buses
Child passenger safety providers are urging the industry to voice support of proposed rulemaking by the National Highway Traffic Safety Administration that addresses an oversight in updates made to FMVSS 213 that could impact the new manufacturing of child safety restraint systems for school buses.
NHTSA proposed on May 30 amendments to Child Restraint System Standards FMVSS 213, FMVSS 213a and FMVSS 213b to exempt school bus child safety restraint systems from the requirement to comply with side-impact protection requirements defined in FMVSS 213a.
It also delays the side-impact protection compliance date for all other child restraint systems from June 30, 2025, to Dec. 5, 2026, and provides that the Child Restraint Air Bag Interaction 12-month-old (CRABI)-12MO test dummy will not be used to test forward-facing CRSs.
NHTSA proposes to amend FMVSS No. 213, “Child Restraint Systems” and FMVSS No. 213b, child restraint systems: Mandatory applicability beginning Dec. 5, 2026,” to exclude school bus CRSs from the requirements and to provide attachments for connection to the vehicle’s LATCH child restraint anchorage system. These anchorages are only required in school buses that are 10,000 pounds GVWR and less.
Charlie Vits, a child passenger safety technician and a consultant to school bus seating manufacturer IMMI, said NHTSA has always been supportive of school bus child restraint systems since the 2003 introduction of IMMI’s SafeGuard STAR as well as the Besi Pro Tech and HSM PCR.
As currently designed for school transportation, NHTSA wants to assure their continued future availability and use, Vits said, adding the purpose of the Notice of Proposed Rulemaking (NPRM) published on the Federal Register last week is to remove three important but non-applicable regulatory details impacting their design and function.
“Unless these detailed requirements are removed from FMVSS 213, 213a and 213b as currently written, the production of these school bus child restraints will most likely cease on June 30, 2025, when the three requirements are to become effective,” he said.
These child restraint systems will no longer be compliant with the federal child restraint standards unless they are redesigned and constructed as a more costly and less usable product, Vits added.
Denise Donaldson, a certified passenger safety instructor and editor and publisher of Safe Ride News, noted the recent proposals are essentially housekeeping in nature.
“The more exciting development occurred in 2023, when NHTSA issued a final rule to create a product category specifically for school bus child restraint systems,” she explained. “Although these products were previously considered compliant with FMVSS 213 under the category harness, the new category’s description gives manufacturers greater freedom to innovate when designing products made exclusively for school bus use.”

When that rule was issued, Donaldson said incongruities with school bus CRSs remained in the regulatory text.
“Since these products install using a seatback mount, they needed to be made exempt from the standard’s requirement that car seats have a LATCH system for installation,” she added. “They should be exempt from the upcoming side-impact standard since the test in that standard replicates a passenger vehicle environment, substantially different from a school bus. These are loose ends, so the proposals are important for addressing these issues and satisfying the requests of petitioners, including manufacturers.”
Vits noted the NPRM cleans up regulatory language from current rulings that school bus child restraint systems could not meet due to the nature of their design.
Meeting the requirements would require costly redesigns resulting in a less usable school bus child restraint, he said, adding, “The intent of NHTSA is not to change anything that impacts the concept of the current school bus child restraint.”
In 2014, NHTSA first published proposed rulemaking to add side-impact crash protection to all types of child seats except harnesses, otherwise known as school bus vests, Vits said.
“IMMI commented on the NPRM that although it supported side-impact protection requirements in child restraints, school bus child restraints were similar to the excluded harnesses and not capable of meeting those requirements,” he added. “The nature of the web-based, no-shell design for these child restraints does not provide the necessary structure to meet these requirements. Therefore, school bus child restraint systems should also be excluded from meeting the side- impact protection requirements.”
NHTSA published the final ruling on side impact requirements as FMVSS 213a on June 30, 2022. But, Vits noted, NHTSA had yet to formally define school bus child restraints as a type of child restraint, so they could not exclude it from side impact requirements.
With FMVSS 213b in December 2023, NHTSA formally defined it as a type of child restraint but omitted excluding it from the requirements of FMVSS 213a. He said the oversight was to have been corrected in a to-be-published ruling last Oct. 9 but again was missed.
IMMI submitted a Petition for Rulemaking on Jan. 19 that formally requested NHTSA change the regulations to exclude school bus child restraints from the FMVSS 213a requirements, resulting in last week’s NPRM. IMMI also found the requirement to include LATCH and tether connectors and their associated labeling remained as a requirement for school bus child restraints, Vits said.
“IMMI submitted another Petition for Rulemaking on May 19, 2025, formally requesting NHTSA to change the regulations to exclude school bus child restraints from the LATCH connector and associated labeling requirements of FMVSS 213 and 213b,” he said, adding the change was also included in the NPRM.
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Several other regulatory product developments impacted passenger vehicle child seat manufacturers and caused concern they would not be able to meet the FMVSS 213a effective date of June 30, 2025. In response to the petitions of these manufacturers,Vits said NHTSA published the NPRM to propose delaying the effective date of FMVSS 213a to Dec. 5, 2026, the same effective date of FMVSS 213b.
The proposals “are what is needed to set the standard’s school bus CRS category on the correct footing, allowing current CSRs models to be compliant and opening the door for future innovation,” Donaldson, who favors the proposals, pointed out.
“School bus child restraints have served the industry well for the past 22 years,” she added. “They have provided critical protection to pre-K children in numerous school bus crashes over the years. They need to continue to be available to school transportation for years to come.”
While Donaldson expressed confidence that NHTSA will make the necessary changes to FMVSS 213a and 213b, Vits commented that unless NHTSA acts immediately according to the proposed ruling, manufacturers will need to cease production.
“Although the comment period closes on June 30, NHTSA wants to hear from those in the industry as soon as possible due to the urgency to turn this NPRM into a final ruling,” he added. “They want to know that transporters of pre-K children want these school bus child restraints now and in the future.”
In providing input by June 30, Vits noted “comments should be short and simple, beginning with a statement in support of the May 30, 2025 NPRM, FR Doc. 2025-09750. Then, briefly share your positive experiences with these type of child restraints, especially if they have provided protection to any of your children in crashes.
“Express your need to have them continue in production without adding requirements to provide side impact protection and LATCH anchorage connectors.”
Public comments on docket number NHTSA–2025–0046 can be submitted electronically at the Federal eRulemaking Portal or via U.S. mail to: Docket Management Facility, M–30, U.S. Department of Transportation, West Building, Ground Floor, Rm. W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590.
Donaldson noted in creating the school bus CRS category in 2023, NHTSA clearly signaled its support of this type of child safety restraint system.
“I feel confident that a rule that finalizes these important proposals, which are necessary to make that category viable, will be forthcoming,” she added.
Ronna Weber, executive director for the National Association of State Directors of Pupil Transportation Services, said the National Congress on School Transportation’s Resolution No. 6, Request for Clarification on FMVSS 213a and 213b Final Rules, approved by state delegates last month underscores the industry’s commitment to safely transporting preschool and special needs children, a sizeable industry component.
The resolution noted that any regulations should continue to ensure children requiring securement based on age and weight are carried safely and securely, CRSs are attached to the seat back to ensure a secure fit for the child. It is believed approximately 310,000 to 335,000 CRSs designed for school buses are on the road today.
NHTSA also published a total of 16 NPRMs on May 30, most of which are considered deregulatory by cleaning up obsolete ruling text related to requirements for vehicles produced more than 10 years ago. Rules pertaining to school buses include: FMVSS 207: Seating Systems, FMVSS 210: Seat Belt Assembly Anchorages, and FMVSS 222: School Bus Passenger Seating and Crash Protection
As no new requirements are being added, there is little merit in commenting on them, commented Charlie Vits, a certified passenger safety technician and consultant to IMMI.
Donaldson said those in the school transportation sector should be assured that their school-bus-only CSRS and any that they purchase while the NPRM is going through the rulemaking process continue to be safe and legal.
“These regulatory changes will not necessitate though would allow future redesign of these products,” she said. “However, another aspect of the 2023 final rule that applies to any forward-facing child restraint, including school-bus-only CSRS, requires labels and instructions to state a minimum child weight for riding forward facing of 26.5 pounds.
“The compliance deadline for this requirement is June 30, 2025. For school-bus-only CSRS, this means that a rider must be at least 26.5 pounds, which is slightly higher than the pre-rule-change minimum weight of 25 pounds for most models.”
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