Interpretation ID: nht78-4.28

DATE: 05/11/78

FROM: JOSEPH J. LEVIN, JR. -- NHTSA

TO: JAMES TYDINGS -- THOMAS BUILT BUSES, INC.

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 02/03/88 FROM ERIKA Z JONES TO LT MITCHELL; REDBOOK A31, VSA 102, SEC 571; DEFINITION; STANDARD 208; 222; LETTER DATED 03/10/78 FROM JAMES TYDINGS TO US DEPARTMENT OF TRANSPORTATION RE FMVSS 217, SECTION 5.2. "PROVISION OF EMERGENCY EXITS"; LETTER DATED 08/21/87 FROM L. T. MITCHELL TO ERIKA Z. JONES RE REQUEST FOR INTERPRETATION ON FMVSS 222 ON SCHOOL BUSES WITH A GVWR OF 10,000 POUNDS OR LESS, OCC-945

TEXT: Dear Mr. Tydings:

This responds to your March 10, 1978, letter asking whether you can 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 other 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.