Interpretation ID: nht87-2.99

TYPE: INTERPRETATION-NHTSA

DATE: 09/21/87

FROM: DALLAS MCCLAIN -- PRO TOUR, INC.

TO: OFFICE OF CHIEF COUNSEL NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

TITLE: CLARIFICATION/INTERPRETATION OF SEATING STANDARDS

ATTACHMT: ATTACHED TO LETTER DATED 09/12/88 FROM ERICK Z. JONES TO DALLAS MCCLAIN; REDBOOK A-32, STANDARD 207

TEXT: Dear Sir,

Upon the recommendation of your technical reference division, I have formulated my inquiries to your office for interpretation and clarification. This company is a manufacturer of bus seating (NON-School bus) and we believe we surpass all applicable Fed eral Motor Vehicle Safety Standards. There are some points which we would like a legal opinion on for our customers as well as ourselves. Below are several questions which your office will hopefully be able to answer for us. Thank you.

A. What is the legal determination of a 'bus' as opposed to a 'multipurpose vehicle'? Is this definition based on number of passengers, or gross vehicle weight? Or both?

B. In the first paragraph of S4.2 of MVSS 207, there is reference to side-facing seats or passenger seat on a bus, which appear to be exceptions. Following this paragraph are the performance requirements. Are side-facing seats and passenger seats on a bus exempted from these performance requirements? Are these two items covered under another safety standard? If so, which one?

C. Keeping in mind we are assuming NON-School Bus applications, is perimeter seating a 'side-facing seat' such as mentioned above and does MVSS 207 testing apply to these seating configurations? Are there any existing requirements for cushions which are removeable such as perimeter seating arrangements? Or it is just the frame structure which must meet test specifications?

D. While seats not designated for use while the vehicle is moving (MVSS 207, S4.4) must be labeled, must other occupant seating subject to MVSS 207 and MVSS 302 be labeled with a 'law label' indicating the seat has met these standards?

Thank you very much for your help in resolving these questions. If further information is needed to render a finding, please feel free to contact me.