Interpretation ID: aiam3635
Project Manager
Mazda (North America)
Inc.
23777 Greenfield Road
Suite 462
Southfield
MI 48075;
Dear Mr. Tashima: This responds to your recent letter asking whether various vehicl seating designs being considered by your company would qualify as auxiliary seating positions and not be subject to the Federal motor vehicle safety standards. These seats would be installed in extended-cab pick-up trucks behind the driver's and front passenger's seats and would include storage space beneath the seating accommodation.; A seating accommodation is subject to the vehicle safety standard (e.g., Standards Nos. 207, 208) if it qualifies as a 'designated seating position'. That term is defined in 49 CFR 571.3 as:; >>>'any plan view location capable of accommodating a person at leas as large as a 5th percentile adult female, if the overall seat configuration and design is such that the position is likely to be used as a seating position while the vehicle is in motion, except for auxiliary seating accommodations such as temporary or folding jump seats....'<<<; In our opinion, most of the seat designs included in your illustration would be considered to be designated seating positions. We would not consider the seats to be 'auxiliary seating accommodations' since, as you stated in meeting with us, they would be present as a cushioned seat a majority of the time, i.e., without having to fold the seats down or move them around as is necessary with a temporary jump seat. The fact that the seats are not 'auxiliary' is further evidenced to a certain extent by the fact that the cab of the pick-up trucks would be extended to accommodate the seats so that four persons could ride inside the vehicle. You do not suggest that the cab would be extended for the primary purpose of providing the small amount of storage space that would be beneath these seats.; In your illustrations, seat designs A, B, C, F, G, and H have a overall seat configuration such that the position is likely to be used as a seating position while the vehicle is in motion. Your designs D and E may be somewhat less likely to be used as seats since design D does not have a cushion (just a board) and design E does not have a seat back. If these two designs were combined, i.e., no seat back and no seat cushion, the agency would consider the positions to be auxiliary seating positions. It is possible that either design D or E alone might also be considered to be an auxiliary seating position, depending on the agency's assessment of the seat together with the total passenger compartment design. I would like to emphasize, however, that it is the responsibility of the manufacturer to determine whether or not its vehicles are in compliance with all applicable safety standards and to certify that compliance. Therefore, your company would have to make its own determination concerning whether any of these designs would qualify as designated seating positions. The agency can only offer its opinion based on the information supplied in your letter. The agency would make its own final determination only during an enforcement investigation involving a certified vehicle.; You also asked the following general questions regarding all of th designs illustrated in your letter: are seat belts required, is seat size a factor in determining whether a seat is auxiliary, and is there a distinction in the determinations if a bench seat is used instead of two separate cushions? As mentioned earlier, seat belts are required if a particular accommodation is determined to be a designated seating position. Seat size is a factor in determining whether a particular position is a designated seating position to the extent that the definition of that term specifies, as a threshold, a space capable of accommodating at least a 5th percentile adult female (your letter notes that all your designs are capable of accommodating a 5th percentile adult female). Whether or not a particular position is designed as a bench seat or as separate cushions is generally irrelevant to the determination of whether the seat qualifies as a designated seating position.; I hope this has been responsive to your inquiry. Please contact Hug Oates of my staff if you have any further questions (202) 426-2992.; Sincerely, Frank Berndt, Chief Counsel