WASHINGTON The charter bus crash that killed five members of an Ohio college baseball team in March has triggered a push for federal legislation that would require motorcoaches be equipped with improved passenger protection systems, possibly even seatbelts.

U.S. Rep. Paul Gillmor, R-Ohio, is working on a law that would mandate new safety measures for passengers of commercial coaches and his bill could be ready for introduction before the end of the month.

'We are discussing legislation but it is too early to talk about it right now,' said Brad Mascho, the congressmans communications director. He added, however, that if the discussions progress well a bill could be introduced within weeks.

For the past two decades, the motorcoach industry has consistently opposed any mandate for seatbelts in over-the-road buses absent research by the National Highway Traffic Safety Administration that determines seatbelts or other restraint systems will in fact improve motorcoach passenger safety, and establish standards for any restraint systems required on buses.

In other words, the industry is asking that regulators rely on science and not supposition in considering safety improvements. The industry favors testing to examine all aspects of occupant restraint and protection, including seat design and other interior components, roof strength, and window glazing, and the development of standards for new systems that are found effective and become requirements.

The industry has largely aligned itself with the National Transportation Safety Board which issued a call to federal agencies nearly a decade ago to develop protection performance standards for motorcoach occupant protection systems. To date, the only research that has been done is testing that was completed earlier this year by safety agencies in the U.S. and Canada on coach window glazing and roof strength.

The basic conclusion of that research was that more research was needed before any regulations related to the two issues were developed.

Reasonable approach

There are indications, however, that the effort by Rep. Gillmor will contain elements that have the potential of making it acceptable to the industry, especially when compared with the occupant protection proposals that are gaining ground in some states around the country.

Rather than simply mandating seatbelts, the legislation being discussed by the congressman is believed to contain wording that would require the federal government to conduct studies of alternatives to seatbelts, including passive restraints, such as air bags, improved window glazing, and roof strength.

Such a requirement would match the industrys position that before anyone mandates seatbelts, the NHTSA should conduct extensive research and testing that not only looks at seatbelts but considers alternatives, too.

In March, the chairman of the NTSB, Mark Rosenker, testified before the House Subcommittee on Highways and Transit that from past investigations the NTSB had concluded that keeping occupants within the vehicle is paramount to their protection.

'In addition, the vehicle itself must be strong enough to prevent intrusion into the occupant compartment. Finally, the seats, side panels and other surfaces need to absorb energy when impacted by occupants in the crash scenario. When all of these concepts work together, it greatly increases the occupants chance of survival,' Rosenker told members of Congress.

Are seatbelts the answer?

Asked if seatbelts would be a safety enhancement on motorcoaches, Rosenker responded, that "the jury is still out," meaning that appropriate testing has yet to be done to determine the best methods for improving occupant protection.

The action at the federal level comes at a time when numerous states are considering seatbelt laws that could impact both the school bus industry and motorcoach operators. Texas is the latest to join the campaign. The governor of Texas is expected to sign legislation requiring seatbelts on all new school buses starting in 2010 and on motorcoaches that carry school children in 2011.

'While we would all likely prefer to see the status quo as the order of the day it is likely the time, and this may well be the opportunity, to be proactive rather than reactive,' suggested Ken Presley, vice president of the United Motorcoach Association.

'Nearly every day we are hearing discussions in states calling for the use of seatbelts, and plaintiffs attorneys are now gaining traction with juries questioning the rationale behind not affording seatbelts.'

Gillmors interest in protecting motorcoach passengers during an accident stems from the crash in early March involving the baseball team from Bluffton University, which is just outside the district he represents. Five players some of whom were from his district as well as the bus driver and the drivers wife died in the accident, which occurred when the bus plunged off a freeway bridge and landed in the middle of Interstate 75, just north of downtown Atlanta.

The bus was traveling in the high occupancy vehicle lane of the freeway when the driver came upon a second left side lane, which turned out to be an exit ramp that went up a short grade and ended at a city street. The driver moved into the new lane and, still driving at highway speed, drove up the ramp, crossed the street and crashed through a retaining wall where the bus dropped 30 feet to the freeway below.

Investigators have speculated that the driver may have thought that the odd-side exit lane became the high occupancy vehicle lane and he moved over to it, not realizing that it was taking him off the freeway.