Interpretation ID: nht80-3.27

DATE: 07/31/80

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Jaguar Rover Triumph Inc.

TITLE: FMVSR INTERPRETATION

TEXT:

JUL 31 1980 NOA-30

Mr. Graham Gardner Manager, Engineering Liaison Jaguar Rover Triumph Inc. 500 Willow Tree Road Leonia, New Jersey 07605

Dear Mr. Gardner:

This responds to your letter of March 3, 1980, requesting an interpretation concerning the proper designated seating capacity for the rear seat in the Jaguar XJS coupe. You ask whether the design would be permitted to have only two "designated seating positions."

The definition of "designated seating position" specifies that any position likely to be used as a seating position while the vehicle is in motion will be considered a designated seating position. Further, any bench seat having greater than 50 inches of hip room (measured in accordance with SAE Standard J1100(a)) shall have not less than three designated seating positions, unless the seat design or vehicle design is such that the center position cannot be used for seating.

Your diagrams indicate that the rear seat in the Jaguar XJS has 44.25 inches of hip room. Since the stationary armrests appear to run the length of the seat, both technically and practically speaking the hip room measurement is substantially below the 50 inch caveat in the definition. This alone would probably qualify the seat as having only two designated seating positions. Moreover, the rear seat has stiff inboard seat belt receptacles on the raised contour at the center of the seat expanse which should serve as an impediment to use of that position. Given this obstruction, the seat configuration, and the limited amount of hip room, it is the agency's opinion that the rear seat of the Jaguar XJS coupe qualifies as having only two designated seating positions.

Please note that this letter 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.

Sincerely,

Frank Berndt Chief Counsel

July 2, 1980

Frank Berndt, Esquire Chief Counsel National Highway Traffic Safety Administration Washington, D.C. 20590

Dear Sir:

Jaguar Rover Triumph hereby requests a confirmation of its interpretation of the designated seating position definition contained in 49 CFR 571.3 to the effect that it would require two such seating positions in the rear seat of the Jaguar XJS coupe.

The rear seat width of this vehicle, a two-door coupe with a deeply contoured rear seat, is 44.25-inches, measured in accordance with SAE J1100(a). This 44.25-inch dimension includes the transmission tunnel, which protrudes into the seating area.

The enclosed engineering drawings and sales brochure clearly demonstrate Jaguar's intention that the rear seat be limited to two designated seating positions. The engineering drawings graphically illustrate the division of the rear seat into two seating areas by the high transmission tunnel trim panel. The 7th page of the brochure depicts this high contour, as well as the location of the inboard seat belt receptacles, which are adjacent to one another and permanently affixed to the center of the transmission tunnel. Not only would a passenger attempting to sit in the center of this seat be forced to sit upon this raised tunnel (with a corresponding reduction in available head room), but he would have to sit directly upon these stiff seat belt receptacles.

Although Jaguar Rover Triumph firmly believes there is no question about the number of required designated seating positions in the rear of the XJS coupe, it feels the regulation is sufficiently subjective to require the seeking of this interpretation.

Yours faithfully,

JAGUAR ROVER TRIUMPH INC,

Graham Gardner Manager, Engineering Liaison

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