Interpretation ID: nht79-4.11

DATE: 09/06/79

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: MMC Services Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This responds to your recent letter requesting an interpretation concerning the proper "designated seating capacity" for the "Dodge D-50" and "Plymouth Arrow" pick-up trucks. The trucks with which you are concerned have bench seats with 53.5 inches of hip room, with a contoured indentation at the center position for the gear shift lever. You believe that only two positions should be designed for this type bench seat.

As stated in the preamble to the recent notice amending the definition of "designated seating position", and noted in your letter, the presence of a floor gear-shift lever would not normally be sufficient to discourage or make use of a center position on a large bench seat impossible, even if the bench seat has a slightly indented contour for the shift lever (44 FR 23232, April 19, 1979). The notice did state that there could conceivably be a vehicle design in which the gear-shift lever would constitute an impediment to sitting. For example, if the lever extended to within a few inches of the seat back, the center position could not easily be used. This does not appear to be the case with the "Dodge D-50" or "Plymouth Arrow", however.

Since the bench seats in the subject vehicles have 53.5 inches of hip room, well over the 50-inch caveat in the amended definition, it is the agency's opinion that there should be three designated seating positions. The photographs enclosed in your letter show that three test dummies can be placed on the bench seat, even though somewhat crowded. Moreover, these photographs show two 95th-percentile male dummies and one 5th-percentile female dummy. If two (or three) 5th-percentile female dummies had been used in your demonstration, instead, you would have illustrated that there is more than ample room for three passengers to sit comfortably on a 53.5-inch bench seat. Also, human beings obviously have more flexibility than the stiff test dummies used in your demonstration. We believe that if you use human subjects in this same experiment (a 95th-percentile male driver and two 5th-percentile female passengers, for example), you will see that three persons can easily and comfortably occupy these bench seats.

Finally, I would emphasize that this letter only represents the agency's opinion based on the information supplied in your letter. The NHTSA does not pass approval on any vehicle design, for any safety standards, prior to the actual events that underlie certification. It is up to the manufacturer to determine whether its vehicles comply with all applicable safety standards and regulations, and to certify its vehicles in accordance with that determination.

SINCERELY,

MMC SERVICES INC. July 12, 1979

Office of Chief Counsel National Highway Traffic Safety Administration

Subject: Request for Interpretation of "Designated Seating Position" on small pickup truck

Dear Sir:

MMC Services Inc., on behalf of Mitsubishi Motors corporation, would like to have your official interpretation as to "Designated Seating Position" on the small pickup truck, which Mitsubishi Motors corporation has been manufacturing and which has been sold with the name of "Dodge D-50" and "Plymouth Arrow" in U.S.A. marketed by Chrysler corporation. Each one is a derivative from a basic small pickup truck and the dimentions of both trucks are absolutely same.

The bench seat in the pickup truck was originally designed for two persons by the manufacturer and the pickup truck is equipped with a floor gear-shift lever just in front of the seat which has a indented contour for the shift lever.

In the Federal Register/Vol. 44, No. 77/ Thursday, April 19, 1979 "Designated Seating Position" which is applicable from September 1, 1980 is defined as:

"----. Any bench or split-bench seat in a passenger car, truck or multipurpose passenger vehicle with a GVWR less than 10,000 pounds, having greater than 50 inches of hip room shall have not less than three designated seating positions, unless the seat design or vehicle design is such that the center position cannot be used for seating."

And there is a description in the same Federal Register as:

"--- the presence of a floor gear-shift lever would not normally be sufficient to discourage or make use of a center position or a bench seat impossible, even if the bench seat has a slightly indented contour for the shift lever."

According to the two descriptions relating the standard quoted above, the bench seat therefore seems to be for three persons.

However the bench seat on the D50 and Arrow pickup trucks is very uncomfortable with three people. This is evident when considering the position of the floor gear-shift lever. This gear-shift lever provide an impediment to the third person seated in the middle of the bench seat.

NHTSA interpretation is therefore requested as to whether or not the bench seat should not be designated for two persons.

As the data for your interpretation, we attach illustration (Fig. 1), pictures (Fig. 2 (A), (B), (C), (D) ) and sales catalogues for the pickup trucks.

We would appreciate your interpretation of this matter at your earliest convenience.

T. SHIMADA for T. Ohinouye President

cc: GUY HUNTER--OFC. OF VEHICLE SAFETY STANDARDS, NHTSA Enclosures omitted