Interpretation ID: 77-5.1

TYPE: INTERPRETATION-NHTSA

DATE: 12/12/77

FROM: AUTHOR UNAVAILABLE; Joseph J. Levin Jr.; NHTSA

TO: Mrs. Edward Foster

TITLE: FMVSR INTERPRETATION

TEXT: Your recent letter to President Carter concerning the installation of a bench seat in a cargo van was forwarded to the National Highway Traffic Safety Administration for reply. You were apparently told by your local Ford dealer that Federal law prohibits the installation of a seat in the cargo area of a van vehicle.

The Ford dealer's representation to you was incorrect. There is no Federal law that precludes installation of a seat such as your letter describes; although, depending on the time and manner of the installation, the seat might be subject to Federal safety standards.

If the vehicle manufacturer (Ford) or your dealer installs the seat prior to the time you take possession of the vehicle, either will have to certify that the vehicle, including the seat, is in compliance with all applicable safety standards, as provided in the National Traffic and Motor Vehicle Safety Act, as amended (15 U.S.C. 1381 et seq.). Specifically, the installation of the seat would require compliance with Safety Standard No. 207, Seating Systems, Safety Standard No. 208, Occupant Crash Protection, and Safety Standard No. 210, Seat Belt Anchorages. If done by your dealer, he would be required to attach a label or tag to the vehicle certifying that, as altered, the vehicle was in compliance with all safety standards, including the three just mentioned (49 CFR 567.7).

If you first take possession of the vehicle, you or your dealer may then install an additional seat without certifying compliance with Federal safety standards (15 U.S.C. 1397). Your dealer would, however, be subject to section 108 (a)(2)(A) of the Vehicle Safety Act, which provides that no manufacturer, distributor, dealer or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle in compliance with an applicable Federal motor vehicle safety standard. This means that the dealer would not be permitted to destroy the vehicle's conformity to any safety standard by his installation of the additional seat. We do strongly recommend that, for the safety of your child, you assure the seat and safety belts conform to the minimum performance requirements of our safety standards.

Perhaps it is the policy of Ford Motor Company and its dealers not to install additional seats in cargo vans because of the responsibilities mentioned above. The policy is not, however, a Federal law. I suggest you show this letter to your local dealer.

SINCERELY,

President Jimmy Carter

Dear Mr. President:

My husband will be starting a new independent business within the next several weeks that requires him to use a cargo van. We have ordered a 1978 Ford van and need a standard back seat directly behind the driver area. We were told it was a newly passed Federal law that prohibits the installation of a seat in the cargo area. Having exhausted our efforts locally and within our area, we are now in a position to seek assistance from the only person left to aid us in acquiring a seat for our van.

We are the parents of a severely retarded child twelve years of age who is unable to sit normally in a regular seat. We therefore are left to improvise by seat-belting him into a standard seat for transporting him from the various places in the reclinger position.

As I am employed in a part-time position in Delivery, ten miles from our home, it is necessary to use the van on those days for his father to bring him home while I work.

We are therefore requesting your assistance in acquiring a seat for our van by authorizing the Ford Motor Company to install a seat behind the driver equipped with seat belts for the convenience of a handicapped child Please consider this special privilege we are requesting and it is our hope that placing yourself in the same position you will be able to understand the plight.

Your simple attention to this request will be greatly appreciated as our order has not been processed as of this date and we need your authorization to complete our order.

Thanking you in advance.

Mary Edwards Foster

P.S Our order was placed with the Reavis Ford, Inc.

January 21, 1975

To Whom It May Concern:

Christopher Lee Foster, son of Mr. & Mrs. Edward L. Foster is severly physically and mentally retarded with I Q definitely under 40.

Hilda H. Bailey, M. D.