Interpretation ID: 77-4.33

TYPE: INTERPRETATION-NHTSA

DATE: 11/10/77

FROM: AUTHOR UNAVAILABLE; J. J. Levin, Jr.; NHTSA

TO: Satterlee, Mestayer & Freeman

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of August 31, 1977, to our Fort Worth, Texas office and October 7, 1977, telephone conversation with Robert Churella of my staff concerning the existence of any Federal motor vehicle standard that would require doors on garbage trucks.

There are no Federal motor vehicle safety standards that require vehicles to be equipped with doors. In fact, Motor Vehicle Safety Standard No. 206 (49 CFR 571.206), which regulates door locks and door retention components, specifically exempts from its application those motor vehicles manufactured for operation without doors.

The National Highway Traffic Safety Administration has, however, promulgated a standard requiring trucks manufactured after July 1, 1971, to be equipped with seat belts. This requirement would provide protection for an individual riding in a vehicle without a side door.

SINCERELY,

Request for Ruling on Rights of Accident Victim Described in Attached Letter

September 16, 1977

Regional Administrator National Highway Traffic Safety Administration

Joseph J. Levin, NOA-30 National Highway Traffic Safety Administration

The regional office has received the attached request for a DOT position statement concerning the described accident. I am therefore forwarding the attached request to your office for consideration.

E. Robert Anderson

ATTACH.

SATTERLEE, MESTAYER & FREEMAN

August 31, 1977

Dept. of Transportation National Highway Transportation Safety RE: Mary Johnson vs. Continental Insurance Company, et als Civil Action No. 77-2583 Our File #77-506

I represent Mary Johnson, concerning an accident which her son was involved in on or about June, 1977. Mrs. Johnson's son, Herman Johnson, was driving a garbage truck on a Louisiana highway, and was involved in an automobile accident, whereby he was ejected from the vehicle. The vehicle did not have any doors whatsoever on it.

I have written the United States Department of Labor, Occupational Safety and Health Administration, and have been informed by this agency, that the above occurance is not under OSHA jurisdiction. Since the accident occurred on a Louisiana highway, I am of the opinion that the Department of Transportation would have jurisdiction over any complaint which my client has.

I am requesting that you furnish to my office a Department of Transportation complaint pertaining to the above.

Thanking you for your time and cooperation, I remain

Charlotte A. Hayes