Interpretation ID: 77-1.6

TYPE: INTERPRETATION-NHTSA

DATE: 01/18/77

FROM: AUTHOR UNAVAILABLE; Frank A. Berndt; NHTSA

TO: The Govmark Organization, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your December 10, 1976, letter asking whether Standard No. 302, Flammability of Interior Materials, applies to the living area of motor homes and mobile homes.

The National Highway Traffic Safety Administration (NHTSA) no longer regulates mobile homes. The National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.) ("the Mobile Home Act") established within the Department of Housing and Urban Development a comprehensive program for the regulation of mobile homes. We have concluded that one result of that statute's enactment was the implied repeal of the NHTSA's authority with respect to mobile homes. Accordingly, we consider that the enactment had the effect of amending the Vehicle Safety Act's definition of "motor vehicle" to exclude "mobile homes" as the latter term is defined in the Mobile Home Act.

A motor home, on the other hand, is classified as a multipurpose passenger vehicle (or a bus if it is designed to carry more than 10 persons) and is subject to the requirements of Standard No. 302. The standard mandates that certain enumerated components located within the vehicle occupant compartment meet specified burn test requirements. The living area of a motor home constitutes part of the vehicle occupant compartment, and therefore, any component listed in S4.1 of the standard and situated within the living area must comply with the standard.

SINCERELY,

THE GOVMARK ORGANIZATION INC.

November 10, 1976

Associate Administrator Traffic Safety Programs U.S. Department of Transportation Nat'l Highway Traffic Safety Administration

re: Federal Motor Vehicle Standard #302

We are seeking a clarification of the type of vehicle and the classification of occupant space.

We specifically refer to a motor home which is a self-propelled vehicle containing living quarters.

To our mind, this would classify as a multi-purpose passenger vehicle.

Your standard restricts the flammability of materials in the occupant compartments of motor vehicles. We can see with a commercial freight trailer that the occupant compartment is clearly the cab of the tractor assembly.

In a motor home, either the driving section or the living quarters could be considered occupant compartments.

Therefore, the living quarters should also contain materials which conform to FMVSS #302.

Additionally, if a motor home is larger than 8 feet wide and 32 feet long it then becomes a mobile home. (We are seeking confirmation from HUD for this interpretation).

If it becomes a mobile home, are both standards in effect or will one department allow the other department to rule?

Salvatore Messina