Interpretation ID: 77-4.4

TYPE: INTERPRETATION-NHTSA

DATE: 09/26/77

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

TO: Holiday Rambler Corporation

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your June 1, 1977, letter asking several questions about the applicability of Federal safety standards to travel trailers and motor homes.

You first ask whether bed sheets and decorative bedspreads shipped with a motor home are required to meet Standard No. 302, Flammability of Interior Materials. The items required to meet the standard are listed in S4.1 of the standard. That list does not include sheets or bedspreads. Therefore, they are not required to comply with the standard.

In a related question pertaining to Standard No. 302, you ask whether "mattress cover" as that term is used in the standard refers to the permanent mattress ticking or to a removable mattress cover. The National Highway Traffic Safety Administration (NHTSA) has determined that the standard applies to both the permanent ticking and the removable cover. Therefore, both must comply with the requirements of Standard No. 302.

In a question pertaining to Standard No. 207, Seating Systems, you ask whether it is permissible to label a bench seat "not for occupancy while vehicle is in motion" on one label or whether a seat must be labeled at each seating position. Standard No. 207 requires only one label for a bench seat in a motor home. You should note that Standard No. 207 does not apply to travel trailers.

You ask whether the NHTSA has jurisdiction over safety-related defects in motor homes not covered by safety standards. The agency has general defect jurisdiction granted by the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.) for all safety-related motor vehicle defects. The NHTSA's defect jurisdiction also extends to the nonoperational safety of a vehicle.

In a final question you ask whether the agency has jurisdiction over travel trailers. The NHTSA has jurisdiction over "any motor vehicle" which is defined in the Act as "any vehicle driven or drawn by mechanical power . . ." Therefore, the NHTSA has jurisdiction over travel trailers that is identical to its jurisdiction over any other motor vehicle.

SINCERELY,

JUNE 1, 1977

Joseph Levin National Highway Traffic Safety Administration

Holiday Rambler Corporation is a manufacturer of Recreational Vehicles including motor homes and travel trailers. We would like a ruling on items one through four listed below and information on item five: 1. Are bed sheets and decorative bedspreads sold and shipped in a motor home required to meet the standards of FMVSS 302?

2. In reference to FMVSS 302 define mattress cover is it:

a. The permanently installed cover or ticking which incapsulates the foam or other interior stuffing, or

b. Is it a removable outer covering that is intended specifically to protect the mattress itself from soil stain etc., which can be installed and removed for cleaning by the consumer?

3. When labeling a bench type seat "not for occupancy while vehicle is in motion" according to FMVSS 207 - S4.4, is one label sufficient or is it necessary to place labels 18" O.C. at each possible seating position?

4. Do those safety related defects in motor homes not covered by a Federal Motor Vehicle Safety Standard fall under the jurisdiction of the National Highway Traffic Safety Administration? If the defect applies or occurs only in the camping mode, does NHTSA have jurisdiction?

5. Does NHTSA have jurisdiction over travel trailers and if so, to what extent?

Charles E. Klatt, Senior Director Codes, Legalities, Testing & Training

Memorandum

SUBJECT: Telephone Converstation

DATE: Sept 30, 1977

In reply refer to:

FROM: Safety Standards Engineer Office of Crashworthiness

THRU: AA, MVP

TO: Dockets 74-14, 2-14, & 2-12

On Sept 30, I called Mr. Premo of Sheller Globe Corp.

Discussion Mr. Premo had called the day before and asked for information about attendant seats in an ambulance. On Sept 30 we discussed the requirements & Stds 207, 208, and 210 as they applied to ambulances. I told Mr. Premo that, since the attendant seats were designated seating positions, his company had to comply with the requirements of (Illegible Word) three standards.

W. SMITH