Interpretation ID: 86-1.25

TYPE: INTERPRETATION-NHTSA

DATE: 02/06/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: The Honorable Leon E. Panetta

TITLE: FMVSS INTERPRETATION

TEXT:

This responds to your request that we review the concerns expressed by one of your constituents, Mr. Joseph Loschiavo, about certain van seats. According to Mr. Loschiavo, the Monterey County Van Program for senior citizens uses vans with seats that are very low and close together, making it difficult for persons to get up out of the seats. He suggested that either the seats be raised about eight inches or that special seats be provided for persons who have problems with the present seats.

The National Highway Traffic Safety Administration (NHTSA) issues motor vehicle safety standards. Federal Motor Vehicle Safety Standard No. 207, Seating Systems, establishes requirements to minimize the possibility of seat failure during vehicle collisions. However, NHTSA does not have any standards concerning the height or spacing of van seats.

The Monterey County Van Program has several options in obtaining vans with appropriate seating. In purchasing new vans, the program may either select from among the variety of vans offered by the major vehicle manufacturers, or go to one of a number of companies that customize vans to purchasers' specifications. A number of companies also modify used vehicles.

We note that new vans, including vans which are modified prior to first sale, are required to be certified to comply with applicable Federal motor vehicle safety standards. The specific certification requirements are set forth at 49 CFR Part 567, Certification. If a used vehicle is modified by a business such as a garage, the business is not required to attach a certification label. However, it would have to make sure that it did not knowingly render inoperative the compliance of the vehicle with any safety standard. This is required by section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act. Thus, if a business replaced a van's existing seats with higher seats, it would need to make sure that it was not rendering inoperative the vehicle's compliance with Standard No. 207 or any other Federal motor vehicle safety standard.

I hope this information is helpful.

Sincerely,

Erika Jones Chief Counsel

TO: Mr. Joseph A. LaSala Office of Congressional Affairs Department of Transportation 400 Seventh Street, S.W., Room 10506 Washington, D.C. 20590

ENCLOSURES FROM:

Mr. Joseph Loschiavo

RE: Would you please review the attached and provide me with a written report addressing the concerns this constituent has expressed?

Thank you for your assistance.

I would appreciate your attention to the attached correspondence. Please direct your reply to the address below.

Thank you very much for your attention to this matter.

Sincerely,

LEON E. PANETTA Member of Congress

Please respond to:

380 Alvarado Street Monterey, California 93940 (408)649-3555

Attention: Ken Christopher; (408) 429-1976