Interpretation ID: nht88-1.32

TYPE: INTERPRETATION-NHTSA

DATE: 02/11/88

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Joanne Salvio -- Fire Research Corporation

TITLE: FMVSS INTERPRETATION

ATTACHMT: 8/13/80 letter from F. Berndt to FWD Corporation (Std. 206)

TEXT: Ms. Joanne Salvio Fire Research Corporation 26 Southern Blvd. Nesconset, NY 11767

This responds to your November 10, 1987, letter asking whether the "Guardian Gate" your company manufactures for firefighting vehicles is subject to Safety Standard No. 206, Door Locks and Door Retention Components. The answer to your question is yes, if the Gate is installed on new vehicles and if the area into which the door leads contains one or more seating positions.

The advertising material you enclosed states that the Guardian Gate "is designed to help firefighters while they are riding to fires in the jump seat of apparatus (sic)." The advertisement said that the unique feature of the Guardian Gate is its locking mechanism which enables the gate to be locked "on both its sides to the vehicle; the cab side, as well as the pump panel side." The advertisement said this "dual locking" feature is intended to minimize the likelihood that the gate will be opened either unintentionally or because of "hazardous conditions" (an explanation of which the advertisement did not include).

Paragraph @4 of Standard No. 206 states: "Components on any side door leading directly into a compartment that contains one or more seating accommodations shall conform to this standard. 206, but these are doors that are readily removable or that are not provided for retaining occupants. Since the Guardian Gate falls into neither of these two categories, the exemptions are not relevant to your inquiry.)

From the information you provided in your letter and in telephone calls between you and Ms. Hom of my staff, we understand that the standing area on the firefighting vehicle enclosed by the Guardian Gate contains a jump seat. Because "seating accommodati ons" referred to in @4 include jump seats, a Guardian Gate that is installed to enclose a jump seat area on a new firefighting vehicle must comply with Standard No. 206. This determination is consistent with an August 13, 1980 letter from NHTSA to Mr. L. Steenbock of the FWD Corporation (copy enclosed), in which this agency stated that a door leading to a standing area that contains no seating position would not have to comply with Standard No. 206.

Because Standard No. 206 applies to passenger cars, multipurpose passenger vehicles and trucks (e.g., firefighting vehicles), and not to replacement parts for installation in used vehicles of these types, you may sell the Guardian Gate to vehicle owners without regard as to whether the Gate complies with the performance requirements of the standard. However, we urge you to consider meeting those requirements voluntarily, to ensure that the Gate will perform to specified levels for the safety of firefigh ters riding in the "jump seat area" of the vehicle. You should also be aware that you are responsible under the National Traffic and Motor Vehicle Safety Act, as a manufacturer of motor vehicle equipment, to ensure that your product contains no defect re lating to motor vehicle safety. If you or this agency determines that a safety related defect exists, you must notify purchasers of your product of the defect and remedy the problem free of charge.

I hope this information is helpful.

Sincerely,

Erika Z. Jones Chief Counsel

Enclosure - see 8/13/80 letter from Frank Berndt to FWD Corporation

TO: Ericka Jones, Chief Counsel, NHTSA

DATE: November 10, 1987

SUBJECT: Guardian Gate

As per my telephone conversation with Ms. Hom, I am enclosing a copy of our Guardian Gate literature. We are trying to determine whether it is necessary for us to meet Regulation #206 or whether it does not apply to our product.

Any help you can give us will be greatly appreciated.

Thank you,

Fire Research Corp. after year of development announces a new product for the fire service. This new gate is designed to help firefighters while they are riding to fires in the jump seat of apparatus. This new design, PAT. PENDING, has a unique feature n ot available on any other door or gate. That is a dual locking concept. This gate actually locks on both its sides to the vehicle; the cab side, as well as the pump panel side. Thus, minimizing the chances for the gate to open up under hazardous conditio ns. The new locking mechanism actually lifts the gate up out of dual catches which allows it to be swung open. The gate handle with its unique design minimizes the possibility of inadvertently opening the gate unintentionally.

INTRODUCTORY PRICE $575 PER FAIR

MEASURING INSTRUCTIONS FOR ORDERING

LOCATE HINGE LOCKS M1 & M2 AND SECONDARY LOCK M3 ON VEHICLE SO THAT TOP RAIL IS LOCATED AT A SAFE HEIGHT. M3 SHOULD BE LOCATED AS HIGH AS POSSIBLE.