Interpretation ID: aiam3193
Product Planing (sic) and Development
Volvo of America Corporation
Rockleigh
NJ 07647;
Dear Mr. Tearle: This is in response to your recent letter and visit to the NHTS regarding the proper designated seating capacity for the Volvo 262C Coupe. The rear bench seat in this vehicle is 53.15 inches wide and has two depressed areas with contoured upholstery to fashion bucket seats. You ask whether the seat may be designated as having only two seating positions.; It is the agency's opinion that the rear seat in the Volvo 262C Coup must have three designated seating positions. The definition of 'designated seating position' provides, in part, that any bench or split-bench seat having greater than 50 inches of hip room shall have not less than three designated seating positions, 'unless the seat design or vehicle design is such that the center position cannot be used for seating' (49 CFR 571.3). The rear seat in the Volvo Coupe is substantially over this 50-inch caveat in the definition, since it has more than 53 inches of hip room. Further, the seat design is not such that the center position cannot be used for seating. The center position is well padded on both the seat cushion and the seat back and there is no impediment to use of the position. This was demonstrated when several persons sat at the center position when your demonstration vehicle was brought to the agency.; Your letter mentions that the Volvo Coupe has less head room than othe Volvo models, yet there is sufficient head room even at the center position for large persons to occupy the seat. Therefore, we do not believe that the vehicle design is such that the center position cannot be used. The fact that the two outboard positions of the rear seat are aesthetically designed to appear as bucket seats is irrelevant, since the center position is a well-padded integral part of the entire bench seat. Other current models have the same type bucket seat appearance in the rear seat, yet because of hip room have three designated seating positions. You might examine the 1978 Oldsmobile Regency Sedan, for example.; We noted in the demonstration model that the rear seat of the Volv Coupe has an arm rest at the center position that folds into the seat back. If the design of this arm rest were modified to be permanently attached to the seat cushion, the center position could not be used., The bench seat would then qualify as a two-person seat under the definition of 'designated seating position'.; Finally, I would emphasize that this letter only represents th agency's opinion based on the information supplied in your letter and an examination of the demonstration model brought to the agency. The NHTSA does not pass approval on any vehicle design, for any safety standards, prior to the actual events that underlie certification. It is up to the manufacturer to determine whether its vehicles comply with all applicable safety standards and regulations, and to certify the vehicles in accordance with that determination.; Sincerely, Frank Berndt, Chief Counsel