Interpretation ID: 8476
Manager, Compliance
Porsche Cars North America, Inc.
P.O. Box 30911
Reno, NV 89520-3911
Dear Mr. Love:
This responds to your letter of March 31, 1993. Your letter refers to vehicle designs which have locations which meet the definition of "designated seating position," as defined at 49 CFR 571.3(b), at certain times but not at others. "For example, a seat with a folding seat back may be a seating position with the seat back in the up position and not with the seat back folded over the seat base. Another example of this could be if a platform or other device has several positions, one of which covers the seat so as to remove the necessary room to meet the designated seating position criteria." You asked for verification of the following two statements which you believe are a correct interpretation of such a situation:
When the seat meets the criteria, then seat belts must be provided according to the requirements of 571.208. In addition, those belts, since required by 571.208, must also meet the requirements of 571.209 and 571.210.
When the seat does not meet the criteria, then seat belts are no longer required by 571.208. Any seat belts provided in this situation must no longer meet requirements of 571.208, 209 or 210.
As explained below, NHTSA disagrees with your suggested interpretation.
The term "designated seating position" is defined at 49 CFR 571.3 as:
any plan view location capable of accommodating a person at least as large as a 5th percentile adult female, if the overall seat configuration and design is such that the position is likely to be used as a seating position while the vehicle is in motion, except for auxiliary seating accommodations such as temporary or folding jump seats.
In both of the examples you provide, the position would be a "plan view location capable of accommodating a person at least as large as a 5th percentile adult female." Therefore, these positions would be considered "designated seating positions" at all times. Even though some adjustment may be necessary before the seat can be used, the seat is available at any time if needed.
Your statements also raise the question of whether a vehicle must comply with all requirements related to a specific "designated seating position" when that position is not usable for seating. Each of this agency's safety standards specifies the test conditions and procedures that this agency will use to evaluate the performance of the vehicle or equipment being tested for compliance with the particular safety standard. NHTSA precisely follows each of the specified test procedures and conditions when conducting its compliance testing. NHTSA would only test a "designated seating position" for compliance with applicable safety standards when testing can be done according with the test conditions and procedures specified in the standard. While the examples you provide are not specific enough to explain how testing would be done in those instances, if a "designated seating position" was completely blocked under certain circumstances, NHTSA would not test under those circumstances.
I hope you find this information helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992.
Sincerely,
John Womack Acting Chief Counsel
ref:571#208#209#210 d:7/8/93 NCC-20:MVersailles:mar:62992:4/27/93 U:\NCC20\INTERP\208\8476.MLV cc: NCC-01 Subj/Chron, NCC-20 MV, NRM-01, NEF-01 Interps:571.3, #208, #209, #210, Redbook (8)
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