Interpretation ID: nht80-1.50

DATE: 04/14/80

FROM: Frank Berndt; NHTSA

TO: MMC Services, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your recent letter requesting an interpretation concerning the proper designated seating capacity of the rear seat in a 1981-model passenger car you plan to market. You state that the seat cushion and seat back of this rear seat are contoured to clearly indicate occupancy by only two persons, and that the seat has only 41.1 inches of hip room.

If the rear seat has only 41.1 inches of hip room, the agency must conclude that the seat could qualify as having only two seating positions, since this is substantially below the 50-inch caveat in the amended definition of "designated seating position." However, it appears from the photographs and diagrams enclosed in your letter that this rear seat effectively has almost 50 inches of hip room, if measured mid-way between the front and back of the seat cushion (49.2 inches according to the diagram). It is only by the strict measurement technique of SAE J1100a and the contour of the seat back that you obtain the 41.1-inch figure. Further, there appears to be 10 to 12 inches of well-padded seat cushion at the center position of the seat between the inboard ends of the two seat belt assemblies. This position could obviously be used by a vehicle occupant. Therefore, we strongly urge you to designate three seating positions in this vehicle design or to install a fixed armrest or some other obstruction so that the center position cannot be used. I am enclosing two recent letters of interpretation on this same subject which are pertinent to your inquiry and which emphasize the agency's positon concerning designs such as you describe in your letter.

Finally, I would like to point out that this response only represents the agency's opinion based on the information supplied in your letter. The NHTSA does not pass approval on any vehicle design, for any safety standards, prior to the actual events that underlie certification. It is up to the manufacturer to determine whether its vehicles comply with all applicable safety standards and regulations, and to certify its vehicles in accordance with that determination.