Interpretation ID: 1983-3.39

TYPE: INTERPRETATION-NHTSA

DATE: 12/28/83

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Grumman Corporation -- William K. Sweeney, Assistant General Counsel

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. William K. Sweeney Assistant General Counsel Grumman Corporation 445 Broad Hollow Road Melville, New York 11747

Dear Mr. Sweeney:

This responds to your letter of November 22, 1983, regarding the application of Safety Standard No. 208 (49 CFR 571.208) to the new Kubvan minivan you intend to manufacture and distribute. You state in your letter that the Kubvan is a minivan designed primarily for delivery and utility service. You ask whether the Kubvan must be equipped with a lap and shoulder belt protection system under S4.2.2.2 of the standard.

You state that Grumman Olson has built both left hand and right hand drive models of the Kubvan. The right hand drive models are intended for use by the United States Postal Service (USPS). You add that Grumman Olson also plans to sell right hand vehicles to any and all interested customers.

Section 4.2.2.2 requires trucks with a GVWR of 10,000 pounds or less to provide a lap and shoulder belt protection system, except for those "vehicles designed to be exclusively sold to the United States Postal Service." As correctly stated in your letter, all Kubvans sold to customers other than the USPS must be equipped with a lap and shoulder belt assembly. However, based on the, intent of S4.2.2.2 and the unique operating needs of the USPS, right hand Kubvans sold to the USPS need only be equipped with a lap belt system.

Sincerely

Frank Berndt Chief Counsel

November 22, 1983 Frank Berndt, Esq. Office of Chief Counsel National Highway Transportation Safety Administration 400 7th Street, SW Washington, D.C. 20590

Re: Federal Motor Vehicle Safety Standard #208, 49 CFR Section 571.208

Dear Mr. Berndt:

I am writing to you at the suggestion of Mr. Steven Wood of your department.

I represent Grumman Olson, a division of Grumman Allied Industries. Inc., and a manufacturer of aluminum truck bodies. As I indicated to Mr. Wood, Grumman Olson is now embarking on the manufacture and distribution of a new minivan completely built by it at its own facilities. This minivan is called the Kubvan (R), and is designed for delivery and utility service. A specification sheet on the Kubvan minivan is enclosed for your information.

Grumman Olson has built both left hand and right hand drive versions of the Kubvan, the latter for use by the United States Postal Service. A number of other potential customers, including Canada Post Corporation, have expressed interest in the right hand drive Kubvan, and that expression of interest necessitates my writing to you.

Specifically, a question has arisen concerning the interpretation of Federal Motor Vehicle Safety Standard #208, 49 CFR S 571.208. Paragraph S4.2.2 of the safety standard sets out the basic occupant crash protection required for trucks with a GVWR of 10,000 pounds or less; namely, a lap and shoulder belt protection system. Certain classes of light trucks are excluded, such as "vehicles designed to be exclusively sold to the United States Postal Service...". Vehicles of the latter type are permitted to carry a lap belt system only.

Grumman Olson is desirous of selling the right hand drive Kubvan to customers other than the United States Postal Service (USPS). As we interpret Paragraph S4.2.2, it basically equates light trucks with passenger cars, in terms of crash protection. USPS vehicles were specifically excluded (and permitted to be equipped with lap belts only) because of their unique operating environment (i.e., generally lower speeds, frequent stops, and the need for the driver to exit and enter the vehicle quickly, and/or reach out of the vehicle to service mail boxes).

Given this interpretation, Grumman Olson would be entitled to sell right hand drive Kubvans to any and all interested customers, provided that all such vehicles are equipped with a full lap and shoulder belt restraint system, except for those sold to the USPS. However, the wording of Paragraph S4.2.2 literally implies that if Grumman Olson were to sell right hand drive Kubvans to parties other than USPS, the vehicle might not technically qualify as one "designed to be exclusively sold to the United States Postal Service". This, in turn, might mean that Grumman Olson (a) would be required to equip all right hand drive Kubvans with lap and shoulder belt restraint systems (including those destined for the United States Postal Service, which would render the vehicle unsuitable for their use), and/or (b) would be required to retrofit any right hand drive Kubvans presently in USPS inventory with lap and shoulder belt systems (such vehicles not having a lap belt system only as permitted by the Paragraph). We feel this end result is inconsistent with the intent of Paragraph S4.2.2.

I have had telephone discussions with Mr. Wood and with Mr. Bob Gardner of NHTSA's engineering staff, relative to interpretation of the Paragraph in question. Both of these individuals felt that our analysis of the Paragraph was consistent with its intent and expressed no difficulty with (1) our selling right hand drive Kubvans (equipped with lap and shoulder belt system) to customers other than the USPS and (2) our continuing to sell right hand drive Kubvans to the USPS, with lap belt system only (and without the need to retrofit any vehicles presently in USPS inventory). I asked Mr. Wood about the possibility of a formal response from NHTSA approving our interpretation of Paragraph S4.2.2, and he suggested that I write to you to request such a response.

I would, therefore, appreciate your discussing this matter with Mr. Wood, and, if you agree, arranging for a letter from your office to me, concurring in our interpretation of Paragraph S4.2.2 and approving sales of right hand Kubvans as set out in the previous paragraph.

Thank you very much for your cooperation.

Very truly yours,

WILLIAM K. SWEENEY Assistant General Counsel

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