Interpretation ID: nht88-3.43

TYPE: INTERPRETATION-NHTSA

DATE: 09/12/88

FROM: ERIKA Z. JONES -- NHTSA CHIEF COUNSEL

TO: DALLAS MCCLAIN -- PRO TOUR, INC.

TITLE: NONE

ATTACHMT: LETTER DATED 09/21/87 FROM DALLAS MCCLAIN TO OFFICE OF CHIEF COUNSEL, NHTSA, RE CLARIFICATION/INTERPRETATION OF SEATING STANDARDS; OCC-1055

TEXT: Dear Mr. McClain:

This responds to your letter to the National Highway Traffic Safety Administration (NHTSA) asking four questions about the applicability of Safety Standard No. 207, Seating Systems, to buses other than school buses. I regret the delay in responding.

Your first question asks about the agency's definition of a "bus" and a "multipurpose passenger vehicle." You ask how the two definitions differ, and whether the definitions are based on passenger capacity or the gross vehicle weight rating of a vehicle.

A vehicle is classified as either a bus or a multipurpose passenger vehicle based in part on its passenger capacity. Our definitions for the motor vehicle safety standards are set forth in Title 49 of the Code of Federal Regulations, Part 571.3 (copy en closed). In that regulation, we define a "bus" as "a motor vehicle ... designed for carrying more than 10 persons." A "multipurpose passenger vehicle" is defined as "a motor vehicle ... designed to carry 10 persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation."

For your information, the agency is presently reviewing its classification of motor vehicles, in response to a petition for rulemaking from the Insurance Institute for Highway Safety. In October, 1987, NHTSA published an advance notice of proposed rulem aking which discussed various issues raised by the petition. I have enclosed a copy of the notice for your information.

Your second question asks about the requirements of Standard No. 207 applying to side-facing seats and bus passenger seats. You ask whether these seats are exempt from the standard's performance requirements. You also ask whether these seats are "cover ed under another safety standard."

Section S2 of Standard No. 207 provides that the standard applies to buses (among other vehicle types). Section S4.2, General performance

requirements, provides that "(w)hen tested in accordance with S5., each occupant seat other than a side-facing seat or a passenger seat on a bus, shall withstand" specified forces. Passenger seats on a bus are thus excluded from the requirements of section S4.2. However, the driver's seat on a bus is not excluded from the requirements of that section. The testing procedures of section S5 are only relevant to seats which are subject to the general performance requirements of section S4.2.

Similarly, section S4.3, Restraining device for hinged or folding seats or seat backs, provides that "(e)xcept for a passenger seat in a bus or a seat having a back that is adjustable only for the comfort of its occupants, a hinged or folding occupant se at or occupant seat back shall" meet specified requirements. Passenger seats on a bus are thus excluded from the requirements of section S4.3. Assuming that a hinged or folding occupant seat or occupant seat back were provided for the driver, it would n ot be excluded from the requirements of that section unless it had a back that was adjustable only for the comfort of its occupant.

Safety Standard No. 222, School Bus Passenger Seating and Crash Protection, specifies criteria for testing school bus passenger seats. That standard is not applicable to buses other than school buses. The agency does not have any other standards which provide criteria for testing the strength of seating systems of buses. Bus seat cushions and seat backs are, however, subject to the flammability resistance requirements of Safety Standard No. 302, Flammability of Interior Materials.

We answered the first part of your third question, which asks whether "perimeter seating" on a bus is excluded from some Standard No. 207 requirements, in our response to your second question. A passenger seat on a bus is excluded from the standard's ge neral performance requirements (S4.2) and the requirements for a restraining device for the seat back (S4.3). With the exception of Standard 302, there are no performance requirements for seat cushions for passenger seats on a bus other than a school bu s.

With respect to your question whether "perimeter seating" is considered "side-facing," generally seats installed along the vehicle's sides which face the longitudinal centerline of the vehicle are considered side-facing. Seats that face toward the front of rear of the vehicle are not considered side-facing.

Your fourth and final question asks, "While seats not designated for use while the vehicle is moving (MVSS 207, S4.4) must be labeled, must other occupant seating subject to MVSS 207 and MVSS 302 be labeled with a 'law label' indicating the seat has met these standards?"

You are correct that S4.4 of Standard No. 207 requires that seats not designated for occupancy while the vehicle is in motion must be conspicuously labeled to that effect. However, we do not require the extensive labeling you suggest, i.e., we do not re quire that each seat bear a label indicating that the seat complies with applicable requirements of the Federal safety standards. Instead, under the National Traffic and Motor Vehicle Safety Act and NHTSA's regulations, the new vehicle manufacturer cert ifies that a vehicle complies with all

applicable Federal motor vehicle safety standards, including Standards No. 207 and No. 302, by affixing a single label of the type and in the manner set forth in the agency's certification regulation, 49 CFR Part 567. For your convenience, I have en closed a copy of Part 567 and information on how you can obtain copies of other NHTSA regulations and standards.

I hope this letter is helpful. Please contact us if you have further questions.

ENCLOSURES