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Interpretation ID: 2975yy

Mr. Danny J. Pugh
Engineering Manager
Special Service Vehicles
Utilimaster Corporation
65266 State Road 19
P.O. Box 585
Wakarusa, Indiana 46573

Dear Mr. Pugh:

This responds to your letter of April 16, 1991 regarding auxiliary seating in walk-in van-type vehicles. You asked if jump seats are required to meet Standards No. 207, 208, and 210. You also asked if these seats "need Type II seat belts in the passenger outboard seating position and in side facing seats."

Standards No. 207, 208, and 210 include requirements for "designated seating positions" in vehicles. The term "designated seating position" is defined in 49 CFR 571.3(b) as:

any plan view location capable of accommodating a person at least as large as a 5th percentile adult female, if the overall seat configuration and design and vehicle design is such that the position is likely to be used as a seating position while the vehicle is in motion, except for the auxiliary seating accommodations such as temporary or folding jump seats....(Emphasis added.)

Because an auxiliary seat is not a designated seating position, it is not required to meet Standards No. 207, 208, and 210. In addition, auxiliary seating is not required to have Type II seat belts in the passenger outboard seating position and in side-facing seats. It is the manufacturer's responsibility to determine if a specific seat qualifies as auxiliary seating. However, the agency will issue an opinion if a manufacturer submits specific information describing the seat.

While auxiliary seating is not subject to all safety standards, we encourage you to ensure that the seats provide safe performance when in use. In particular, we would encourage you to provide safety belts for these seats to ensure that their occupants will have adequate crash protection. I hope you find this information helpful. If you have further questions, please contact Mary Versailles of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Paul Jackson Rice Chief Counsel

ref:571#207#208#210 d:5/l0/9l