Interpretation ID: 23769ogm

Mr. Sebastien Lamothe
Regulations and Standards
Heuliez
Bd Georges Pompidou
79140 CERIZAY (Poitou-Charentes)
France

Dear Mr. Lamothe:

This in response to your recent letter regarding the provisions of Standard No. 201, "Occupant protection in interior impact," as they relate to different convertible top configurations. Specifically, you wish to know if the requirements of Standard No. 201 apply to two different types of convertible roofs. One roof configuration, which your letter describes as a "coupe-convertible," consists of an articulated convertible roof in which rigid roof panels fold into the vehicle's trunk when the roof is down. The second configuration described in your letter is a "convertible" hard top, which you describe as a hard shell top that is intended to replace a folding convertible top during cold weather. Based on your understanding of Standard No. 201's definition of "convertible," and the provisions of S6.3(a) excluding convertible roof frames and linkages from Standard No. 201, you believe that the Standard would not apply either to removable hard top convertible tops or the "coupe convertible" articulated folding top.

For the reasons explained below, the National Highway Traffic Safety Administration (NHTSA) does not agree with your interpretation. It is the agency's position that both convertible hard tops and articulated rigid folding convertible tops similar to the "coupe-convertible" top must meet the requirements of Standard No. 201.

S6.3(a) of Standard No. 201 provides that a vehicle need not meet the requirements of S6.1 through S6.2 for any target located on a convertible roof frame or a convertible roof linkage mechanism. "Convertible roof frame" is defined in S3 as the frame of a convertible roof. "Convertible roof linkage mechanism" is defined in S3 as any anchorage, fastener, or device necessary to deploy a convertible roof frame.

In the case of a convertible hardtop or a rigid articulated folding top similar to the "coupe-convertible" top described in your letter, it is the agency's position that the top, with the exception of those components required to raise and lower the top or to latch it into position, must meet Standard No. 201.

NHTSA addressed the issue of detachable hard tops identical to the "coupe convertible" top you describe when it responded to a Petition for Reconsideration filed by ASC, Inc., which was prompted by the agency's April 8, 1997 final rule (62 FR 16718) establishing the requirements for Standard No. 201. The ASC petition requested that the agency modify the definition of convertible roof frame to include hardtop convertibles - i.e., convertible tops that may be raised or lowered but are constructed of rigid folding sections rather than a cloth skin on a rigid frame. In rejecting that request, the agency noted that there did not appear to be any reason to exempt hardtop convertible roofs from the requirements of Standard No. 201 (see 63 FR 19839, April 22, 1998). As we noted in a June 5, 2001 letter to Mr. Mitsuhide Kikkawa (copy enclosed), NHTSA believes that the considerations applicable to hardtop convertibles also apply to detachable hard tops. Therefore, it is our position that it is both reasonable and practicable to require a vehicle with a detachable hard top to meet the requirements of Standard No. 201.

I hope that this is responsive to your inquiry. If you have any questions or comments, please contact Otto Matheke of this office at (202) 366-5253.

Sincerely,

Jacqueline Glassman
Chief Counsel

Enclosure
ref:201
d.4/5/02