Interpretation ID: nht79-4.6

DATE: 09/18/79

FROM: AUTHOR UNAVAILABLE; Ralph Hitchcock; NHTSA

TO: Safety Engineering Associates Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter to the Occupational Safety and Health Administration (OSHA), which has been forwarded to the National Highway Traffic Safety Administration (NHTSA) for reply, regarding lap belts and/or shoulder belts for fire trucks.

The enclosed Federal motor vehicle safety standards (FMVSS) are relevant to the installation of safety belts in fire trucks. FMVSS No. 208, Occupant Crash Protection, FMVSS No. 209, Seat Belt Assemblies, and FMVSS No. 210, Seat Belt Assembly Anchorages.

Federal motor vehicle safety standards are applicable to new vehicles and require trucks and multipurpose passenger vehicles with a gross vehicle rating of more than 10,000 pounds to have either a lap belt or a lap and shoulder belt combination seat belt assembly at each designated seating position.

The term "designated seating position" is defined as "Designated seating position means any plan view location capable of accommodating a person at least as large as a 5th percentile adult female, if the overall seat configuration and design and vehicle design is such that the position is likely to be used as a seating position while the vehicle is in motion, except for auxiliary seating accommodations such as temporary or folding jump seats. 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 (measured in accordance with SAE Standard J1100(a)) 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." If the Tillerman's seat is likely to be used as a seating position while the vehicle is in motion it would be a designated seating position and would have to be equipped with a lap belt or a lap and shoulder belt.

If a particular fire truck were not required to be equipped with seat belts when originally manufactured, it would not subsequently have to be equipped with belts, slace our regulations only apply to new vehicles. For example, a fire truck manufactured before the applicable sections of FMVSS No. 208 became effective did not have to be equipped with belts. Further, no OSHA regulations would require retrofitting of belts in vehicles not originally required to have them.

If we can be of further service in this matter, please feel free to contact us.