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Interpretation ID: aiam3138

Mr. K. W. Schang, Director, Vehicle Safety Programs, American Motors Corporation, 14250 Plymouth Road, Detroit, MI 48232; Mr. K. W. Schang
Director
Vehicle Safety Programs
American Motors Corporation
14250 Plymouth Road
Detroit
MI 48232;

Dear Mr. Schang: This responds to your letter of October 11, 1979, requesting ou opinion concerning the proper designated seating capacity of the rear seat in your 1981-model AMC Spirit.; You state that the planned 1981 Spirit rear seat will hav approximately 43 inches of hip room. The amended definition of designated seating position specifies that any position likely to be used as a seating position while the vehicle is in motion will be considered a designated seating position, and includes a caveat that bench or split-bench seats having greater than 50 inches of hip room shall have not less than three designated seating positions. Since the hip room in the rear seat of the 1981 Spirit will be well below the 50-inch caveat in the amended definition, and since you state that the rear seat will be contoured for two persons with distinct recessed areas for each person's buttocks, we conclude that this particular seat would qualify as a two-passenger seat. Under the definition, whether a particular position is 'likely to be used' is determined by the overall seat configuration and design and vehicle design. Given the limited amount of hip room and the configuration of the planned 1981 Spirit rear seat, it is not likely that more than two persons will occupy the seat.; Sincerely, Frank Berndt, Chief Counsel