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Safety Recommendation Details

Safety Recommendation H-18-059
Synopsis: On March 29, 2017, about 12:20 p.m., a 2007 Dodge Ram 3500 pickup truck, occupied by a 20-year-old driver, was traveling north on US Highway 83, near Concan, Texas, when it crossed into the southbound lane and collided with a medium-size bus. The crash occurred near milepost 553.4, near the end of a right-hand curve. The bus was a 2004 Ford E350 Turtle Top Van Terra medium-size bus occupied by a 66-year-old driver and 13 passengers and operated by the First Baptist Church of New Braunfels, Texas. As a result of the crash, the bus driver and 12 passengers were fatally injured. The driver of the truck and one bus passenger sustained serious injuries.
Recommendation: TO THE NATIONAL TRAFFIC SAFETY ADMINISTRATION: Amend Federal Motor Vehicle Safety Standard 208 to require lap/shoulder belts for each passenger seating position on all new buses with a gross vehicle weight rating of more than 10,000 pounds but not greater than 26,000 pounds.
Original recommendation transmittal letter: PDF
Overall Status: Open - Acceptable Response
Mode: Highway
Location: Concan, TX, United States
Is Reiterated: No
Is Hazmat: No
Accident #: HWY17MH011
Accident Reports: Preliminary Report: Highway: HWY17MH011Pickup Truck Centerline Crossover Collision With Medium-Size Bus on US Highway 83, Concan, Texas, March 29, 2017
Report #: HAR-18-02
Accident Date: 3/29/2017
Issue Date: 11/20/2018
Date Closed:
Addressee(s) and Addressee Status: NHTSA (Open - Acceptable Response)

Safety Recommendation History
From: NTSB
Date: 7/1/2019
Response: We are encouraged to learn that you continue to assess the need for lap/shoulder belts on medium-size buses. Although we note that many bus manufacturers are already installing belts on medium-size buses, we want to emphasize that lap/shoulder belts provide a greater level of occupant protection than lap belts. Federal leadership is important to ensure that the traveling public has access to the safest form of occupant protection installed as standard equipment on medium-size buses. Pending your publication of a final rule that incorporates the recommended revisions into FMVSS 208, Safety Recommendation H-18-59 is classified OPEN--ACCEPTABLE RESPONSE.

Date: 4/18/2019
Response: -From Jonathan Morrison, Chief Counsel: Many bus manufacturers, including the Concan bus manufacturer, can and are installing belts on medium size buses. FMVSS No. 208 does not prohibit the voluntary installation of passenger seat belts in medium-size buses. In considering rulemaking an agency must consider the costs as well as the benefits of a proposed requirement, and NHTSA continues to believe that modifying FMVSS No. 208 to require lap/shoulder belts on medium-size buses may not be cost effective at likely belt use rates. However, NHTSA will continue to assess the need for the belts in these vehicles. NHTSA requests this recommendation be classified as Open, Acceptable Response.

From: NTSB
Date: 11/20/2018
Response: On October 16, 2018, the NTSB adopted its report Pickup Truck Centerline Crossover Collision With Medium-Size Bus on US Highway 83, Concan, Texas, March 29, 2017, NTSB/HAR 18/02. The details of this investigation and the resulting safety recommendations may be found in the attached report, which can also be accessed at Among the safety recommendations are four new recommendations and one reiterated recommendation issued to the National Highway Traffic Safety Administration, which can be found on pages 46 and 47 of the report. The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives. We would appreciate a response within 90 days, detailing the actions you have taken or intend to take to implement these recommendations. When replying, please refer to the safety recommendations by number. We encourage you to submit your response to If it exceeds 10 megabytes, including attachments, please e-mail us at the same address for instructions. Please do not submit both an electronic copy and a hard copy of the same response.