Interpretation ID: nht95-2.19

TYPE: INTERPRETATION-NHTSA

DATE: April 5, 1995

FROM: C. Rufus Pennington, III -- Margol & Pennington, P.A.

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

TITLE: NONE

ATTACHMT: ATTACHED TO 6/6/95 LETTER FROM JOHN WOMACK TO C. RUFUS PENNINGTON, JR. (A43; STD. 108; PART 571.3)

TEXT: Dear Ms. Versailles:

On August 1, 1994, my 13 year-old nephew, Richard L. ("Bo") Wilson, III, was injured while an occupant in a rear seat of a 1979 Porsche 911 SC. The rear seat was not equipped with any type of seat belt. The vehicle was manufactured in July 1979 and was imported by Volkswagen of America, Inc in August 1979.

The approximate size and dimensions of the two rear seats are shown in the enclosed photographs and excerpts from the owner's manual. The maximum load capacity, as stated in the owner's manual, is 529 pounds (240 kg). A label in the engine compartme nt states that there are "two front" designated seating positions (although this information is not included in the owner's manual). The top or back portion of each of the rear seats folds down, in order to allow increased storage area in the rear.

By way of additional information, the 1980 model had an increased total load capacity of 661 pounds, but still had no seat belts in the rear seats. Then, in 1981, with a load capacity of 661 pounds and with no discernible change in the configuration of the seats, seat belts were added in the rear seats.

Based upon the foregoing information and the enclosed materials, I would appreciate NHTSA's answers to the following questions:

1. Did the manufacturer's designation of "two front" passenger seats eliminate any obligation on the part of the manufacturer to provide seat belts in the rear seats under Federal Motor Vehicle Safety Standard 208 (49 C.F.R. @ 471.208)?

2. Did the 1979 Porsche 911 SC comply with, or did it violate the requirements of Federal Motor Vehicle Safety Standard 208 (49 C.F.R. @ 471.208)?

Thank you very much for your assistance in this matter.

Enclosures - photo and specifications omitted.