Interpretation ID: 571-110- placard 1- CHP - 13-003266

Cullen Sisskind

Commercial Vehicle Section; Location 062

California Highway Patrol

P.O. Box 942898

Sacramento, CA 94298-0001

Dear Mr. Sisskind:

This letter responds to an email from Clint Hightower of the California Highway Patrol to Louis Molino requesting a written interpretation concerning the definition of the term occupant, as used in Federal Motor Vehicle Safety Standard (FMVSS) No. 110. Specifically, you would like to know whether the driver is considered an occupant for the purpose of the vehicle placard required by S4.3. To respond to your question, we would consider the driver to be an occupant of a vehicle for the purpose of stating the vehicles seating capacity on the placard required by FMVSS No. 110.

FMVSS No. 110 requires that a placard bearing information about vehicle capacity weight, designated seating capacity, and information regarding the tires and loading be permanently affixed to each new motor vehicle with a gross vehicle weight rating (GVWR) of 10,000 pounds or less .[1] For the purpose of determining designated seating capacity, S4.3(b) of FMVSS No. 110 requires that the capacity of a vehicle be expressed in terms of the total number of occupants. The term designated seating capacity is defined in 49 CFR 571.3 for the purposes of the FMVSSs as the number of designated seating positions provided. Section 571.3 also defines the term driver as the occupant of a motor vehicle seated immediately behind the steering control system.

Thus, by definition, the driver is considered an occupant of a motor vehicle. Because the drivers seating position is considered a designated seating position, it follows directly from the definition of the designated seating capacity that the drivers seating position is included in the calculation of a vehicles seating capacity.

I hope this information is helpful. If you have any further questions about this issue, please feel free to contact David Jasinski of my office at (202) 366-2992.

Sincerely yours,

O. Kevin Vincent

Chief Counsel

Dated: 2/4/14

Ref: Standard No. 110