Interpretation ID: nht95-4.85

TYPE: INTERPRETATION-NHTSA

DATE: November 27, 1995

FROM: Erika Z. Jones -- Mayer, Brown and Platt

TO: Samuel Dubbin, Esq. -- Chief Counsel, NHTSA

TITLE: FMVSS 207/Request for Interpretation

ATTACHMT: 1/4/96 letter from Samuel J. Dubbin to Erika Z. Jones (A44; Redbook 2; Std. 207)

TEXT: I am writing to request an interpretation of FMVSS 207 S4.4, pertaining to labelling of certain motor vehicle seats.

S4.4 provides that:

"Seats not designated for occupancy while the vehicle is in motion shall be conspicuously labeled to that effect."

It is my understanding that S4.4 does not require designated seating positions to be labeled, even if those seating positions are equipped with a folding seat back that enables that seat to be converted to a bed.

This conclusion is consistent with a letter from your office to Mr. Richard Moss, dated June 30, 1971, in which the Acting Chief Counsel advised that FMVSS 207 does not require designated seating positions to be labeled.

The vehicle seat at issue in my question is generally intended for occupancy while the vehicle is in motion, while it is configured as a bench seat. The bench seat contains several "designated seating positions" equipped with safety belts, and the se at is otherwise certified to FMVSS 207 requirements in the seat configuration. When the seat is converted to a bed by folding down the seat back, however, it is no longer "an occupant seat," as that term is defined in FMVSS 207.

Under these circumstances, it is my understanding that the labeling requirement in S4.4 does not apply, and I respectfully seek your concurrence in this conclusion.

Please let me know if I can obtain any additional information for you. I look forward to your response.