Interpretation ID: nht78-3.32

DATE: 05/01/78 EST

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

TO: Peabody Galion

TITLE: FMVSR INTERPRETATION

TEXT: This responds to your recent letter asking whether a stand-up, right-hand drive position in a truck with a mounted side loader would be considered a designated seating position under Federal safety regulations.

The answer to your question is no. Under 49 CFR Part 571.3, "designated seating position" is defined as:

"any plan view location intended by the manufacturer to provide seating accommodation while the vehicle is in motion, for a person at least as large as a fifth percentile adult female, except auxiliary seating accommodations such as temporary or folding jump seats."

Since the driving position in question is a stand-up position in which no seat is provided, it obviously cannot be a location intended by the manufacturer to provide "seating accommodation."

Feel free to contact this office if you have any further questions.

Sincerely,

ATTACH.

March 14, 1978

Office of Chief Counsel -- National Highway Traffic Safety Administration

Gentlemen:

Peabody Solid Wastes Management is a division of Peabody International Corporation. Our division manufactures a complete line of Solid Waste Handling Equipment including truck mounted Front Loaders, Rear Loaders, Side Loaders, Stationary Compactors, Transfer Trailers and Transfer Stations.

We are now designing a new truck mounted Side Loader. The concept of this Side Loader has been used on the West coast for a number of years. It is a very efficient, low labor cost system for collecting household refuse, since only one man is required.

To make this system workable requires considerable modifications to a standard tilt cab chassis. One of the principle modifications is a stand up right hand drive position for the operator. This enables him to quickly exit and enter the cab as he picks up curb side refuse. The operator uses this drive position only when on his route, and usually at speeds of less than 10 miles per hour. When traveling over highways, he uses the normal left hand driving position. Enclosed is a sketch SK-7024-C which illustrates a typical cab conversion.

Peabody wants to be certain that we can certify this converted cab to all N.H.T.S.A. regulations that apply. This conversion was discussed with the following on March 7, 1978.

Martz Elliott - Office of Crash Avoidance Robert N. Williams - Office of Crash Worthiness Guy Hunter - Office of Crash Worthiness Roger Tilton - Office of Chief Counsel

We are requesting a ruling from your office that the right hand drive position would not be construed as a designated seat.

We would appreciate anything you could do to expedite your ruling since much of our program depends on this.

Very truly yours, Glenn S. Park Vice President -- Director of Engineering, PEABODY GALION

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