Interpretation ID: garbage.crs
Supervisor
Engineering Research Center
BTI Consultants
1937 East Broadway Road
Tempe, AZ 85282
Dear Mr. Parks:
This is in response to your letter of April 18, 1997, requesting confirmation of an interpretation that you state I gave you over the telephone on March 5, 1997 regarding the required contents of an incomplete vehicle document specified at 49 CFR 568.4, and one of the requirements for seating systems specified in Federal Motor Vehicle Safety Standard (FMVSS) No. 207, 49 CFR 571.207.
Because your letter assumed knowledge of matters that we discussed on March 5 and because I did not recall that conversation in all particulars, I asked Coleman Sachs of my staff to contact you so that we could gain a better understanding of your request. You informed Mr. Sachs on June 3, 1997 that your company is providing consulting services for a party litigating an action involving a garbage truck rollover incident. You stated that the garbage truck was completed by a final stage manufacturer from a chassis cab furnished as an incomplete vehicle by a major truck manufacturer. You further stated that the final stage manufacturer removed the bench-style seat that was furnished with the chassis-cab and replaced it with a bucket-type seat at the driver's position. Additionally, you stated that the final stage manufacturer equipped the vehicle with a steering wheel and a complete second set of controls on the right side of the vehicle so that it could be operated from that side while picking up trash. You noted, however, that the vehicle was not equipped with a driver's seat where the auxiliary controls were located.
You have raised two questions with regard to these modifications. The first concerns the contents of the incomplete vehicle document that the chassis-cab manufacturer was required to furnish under NHTSA's certification regulations for vehicles manufactured in two or more stages at 49 CFR Part 568. Section 568.4(a)(7) of those regulations requires this document to list each standard in effect at the time of manufacture of the incomplete vehicle that applies to any of the vehicle types into which the incomplete vehicle may be appropriately manufactured. As your letter notes, section 568.4(a)(7) further requires the incomplete vehicle document to state, alternatively, after each standard listed, either (i) that the vehicle when completed will conform to the standard if no alterations are made in identified components of the incomplete vehicle, (ii) the specific conditions of final manufacture under which the manufacturer specifies that the completed vehicle will conform to the standard, or (iii) that conformity with the standard is not substantially affected by the design of the incomplete vehicle, and that the incomplete vehicle manufacturer makes no representation as to conformity with the standard.
You have asked whether the incomplete vehicle document must contain the statement specified in subparagraph (i) of section 568.4(a)(7) if a foreseeable modification of the incomplete vehicle involves moving the driver's seat. If the incomplete vehicle is equipped with a driver's seat, its manufacturer would ordinarily ensure that the driver's seat and its attachment assembly comply with FMVSS No. 207, and that the seat was installed in compliance with the standard. Assuming the manufacturer has taken these measures, the statement in subparagraph (i) of section 568.4(a)(7) would be the most appropriate of the three statements in that section to cover the vehicle's compliance with FMVSS No. 207.
That answer would not change even if the incomplete vehicle manufacturer could reasonably anticipate that the driver's seat would be replaced or that other modifications would be made to the driver's seat at a subsequent manufacturing stage, since the incomplete vehicle document should properly reflect the compliance status of the incomplete vehicle at that stage of manufacture. If the final stage manufacturer replaces the driver's seat or makes other modifications to it, before that manufacturer certifies that the vehicle complies with all applicable standards, as required under 49 CFR 567.4, it must ensure that the new or modified seat and its attachment assembly comply with FMVSS No. 207 and that the seat is installed in compliance with the standard.
Your second question is whether the final stage manufacturer was required to equip the garbage truck that is the subject of your inquiry with a driver's seat at the right-side location where auxiliary controls were installed. You note that paragraph S4.1 of FMVSS No. 207 provides that "[e]ach vehicle shall have an occupant seat for the driver." You interpret this language as requiring a seat for the driver "wherever the driver may be located," including two driver's seats if the vehicle may be operated from two separate locations.
In the one previous opportunity that we have had to address this issue, we did not interpret the requirements of paragraph S4.1 in this way. In a letter dated July 30, 1975 to Mr. Byron A. Crampton (copy enclosed), we stated that "a garbage truck that contained an auxiliary driver's position on the right side of the vehicle, with a separate set of controls" did not require a seat at the auxiliary location. The letter explains that this conclusion was reached because this office considers "the standards relating to the driver's position as relating to the normal position, and not to an auxiliary driving position." Lending suport to this interpretation is a letter to Mr. Glenn S. Park (copy enclosed), in which we stated that a "stand-up, right-hand drive position in a truck with a mounted side loader" would not be considered a designated seating position under Federal safety standards. Consistent with our past interpretation, we must disagree with your conclusion that two separate driver's seats must be installed in the vehicle you have described.
If you have any further questions about vehicle certification requirements, please call Coleman Sachs of this office at 202-366-5238. Any further questions that you may have regarding the seating system requirements of FMVSS No. 207 should be directed to Otto Matheke of this office at 202-366-2992.
Sincerely,
John Womack
Acting Chief Counsel
Enclosure
ref:207#568
d.7/15/97