Interpretation ID: nht93-2.42

DATE: March 31, 1993

FROM: Michael Love -- Manager, Compliance, Porsche Cars North America, Inc.

TO: Mary Versailles -- Office of Chief Counsel, NHTSA

TITLE: Request for Interpretation

ATTACHMT: Attached to letter dated 7-8-93 from John Womack to Michael Love (A41; Std. 208; Std. 209; Std. 210; Part 571)

TEXT:

Under provisions of 49 CFR 571.208 S 4.1.4.2, integral Type seat belts are required at rear outboard seating positions of passenger cars. "Designated seating position" is defined in 571.3(b) as a location capable of accommodating a 5th percentile adult female. In certain instances, rear seats can at certain times meet the definition of designated seating position and other times not. For example, a seat with a folding seat back may be a seating position with the seat back in the up position and not with the seat back folded forward over the seat base. Another example of this could be if a platform or other device has several positions, one of which covers the seat so as to remove the necessary room to meet the designated seated position criteria.

Porsche's interpretation of such situations where a seat sometimes meets the designated seating position criteria is as follows:

- When the seat meets the criteria, then seat belts must be provided according to the requirements of 571.208. In addition, those belts, since required by 571.208, must also meet the requirements of 571.209 and 571.210.

- When the seat does not meet the criteria, then seat belts are no longer required by 571.208. Any seat belts provided in this situation must no longer meet requirements of 571.208, 209 or 210.

Porsche requests NHTSA's concurrence with this interpretation. If you should have any questions, please contact me at 702/3483198.