Interpretation ID: aiam2804
Thomas Built Buses
Inc.
1408 Courtesy Road
P.O. Box 2450
High Point
NC 27261;
Dear Mr. Tydings: This responds to your March 10, 1978, letter asking whether you ca consider a 39-inch bench-type seat in a bus as a two passenger seat when the bus is designed for adult transportation. You state in your letter that it would be possible for three 5th percentile females to sit in a seat of that width.; The establishment of designated seating positions in buses and othe vehicles is done by the manufacturer of the vehicles. A manufacturer is accorded some discretion in making this determination, however, he is subject to certain limitations. For example, a manufacturer cannot understate the designated seating positions to such an extent that the vehicle is likely to carry more people than its stated capacity. In other words a manufacturer must make a good faith determination of the number of designated seating positions in its vehicles. Applying this test to a 39-inch bench seat used in buses transporting adults, the National Highway Traffic Safety Administration does not consider it erroneous to consider these seats as two-passenger seats, because it would be extremely uncomfortable if not impossible to seat 3 adults in those seats.; Sincerely, Joseph J. Levin, Jr., Chief Counsel