Interpretation ID: nht76-4.46

DATE: 04/21/76

FROM: AUTHOR UNAVAILABLE; S. P. Wood; NHTSA

TO: Nissan Motor Co., Ltd.

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your March 15, 1976, question whether a passenger car is considered a convertible for purposes of compliance with motor vehicle safety standards if its roof includes a "sun roof" or has two removable sections fitted into the roof over the outboard front designated seating positions in such a fashion that they do not join each other (Hurst Hatch Roof). You also request confirmation that convertibles are excluded from the requirements of Standard No. 216, Roof Crush Resistance, and are required to meet S4.1.2.3.2 of Standard No. 208, Occupant Crash Protection.

The answer to your first question is no. The National Highway Traffic Safety Administration considers a convertible to be a vehicle whose "A" pillar or windshield peripheral support is not joined with the "B" pillar (or rear roof support rearward of the "B" pillar position) by a fixed, rigid structural member. Passenger cars equipped with a "sun roof" or a "Hurst Hatch Roof" do not qualify as convertible, because they have a fixed, rigid structural member in the described location.

With regard to your other question, passenger cars manufactured from September 1, 1973, to August 31, 1976, inclusive, are required to meet one of three options specified in Standard No. 208. If a manufacturer chooses to meet the third option listed (S4.1.2.3), separate requirements are specified for convertibles in S4.1.2.3.2. Convertibles are excluded from Standard No. 216, although a manufacturer may choose to meet the standard in place of certain requirements of Standard No. 208 that are not presently mandatory.

YOURS TRULY,

NISSAN MOTOR CO., LTD.

March 15, 1976

Frank A. Berndt Acting Chief Counsel National Highway Traffic Safety Administration

Re: Hurst Hatch Roof and FMVSS No. 216

I would like to take this opportunity to ask you a few questions regarding your interpretation of the word "Convertible", which can be seen in FMVSS No. 216, S3.

In the recent model cars, there have been passenger cars equipped with a new type of roof called "Hurst Hatch Roof", which is shown in the picture in the attachment to this letter (No.1). The structure of the Hurst Hatch Roof Body is completely different from the conventional sun roof, which is also shown in the attachment (No.2). It seems to show a different performance if tested to FMVSS No. 216.

My questions are as follows:

1) Is the Hurst Hatch Roof car defined as a convertible?

2) Is the conventional sun roof car defined as a convertible?

3) If the convertibles are manufactured in the production line, those cars do not have to comply with FMVSS No. 216. However, they have to meet the requirement of S4.1.2.3.2 of FMVSS No.208. Is my understanding correct?

It would be greatly appreciated if your clear interpretation would be given to me by letter as soon as possible.

Naoyoshi Suzuki Staff, Safety

ATTACHMENT

(NO.1)

(NO. 2)

(Graphics omitted)