Interpretation ID: nht94-3.29

TYPE: INTERPRETATION-NHTSA

DATE: June 8, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Ivan L. Bost -- Director Of Engineering, Comm-Trans

TITLE: None

ATTACHMT: Attached To Letter Dated 4/6/94 From Ivan Bost To Mary Versailles (OCC-9864)

TEXT: Dear Mr. Bost:

This responds to your letter of April 6, 1994, requesting information on the type of seat belt required at the rear outboard seating positions in passenger vans with a gross vehicle weight rating (GVWR) greater than 8,500 pounds but less than 10,000 poun ds. Your letter states that these vehicle have a capacity for 10 to 15 persons, including the driver.

Before explaining the safety belt installation requirements for these vehicles, I would like to clarify two of the terms that I will be using. A "rear designated seating position" is any seating position to the rear of the front seat(s). An "outboard d esignated seating position" is a designated seating position within 12 inches of the side of the vehicle. However, the latter term does not include any designated seating position adjacent to a walkway that is located between the seat and the side of th e vehicle and is designed to allow access to more rearward seating positions. Thus, with respect to a passenger van having a two person bench seat behind the front seats, the latter term typically does not include the rightmost of those two positions.

The safety belt installation requirements for all vehicle types are set forth in Standard No. 208. Passenger vans with a seating capacity of 10 persons or less would be considered multipurpose passenger vehicles (MPVs) under NHTSA's regulations. Sectio n S4.2.4 of Standard No. 208 requires the installation of an integral Type 2 (lap/shoulder) seat belt assembly at each forward-facing rear outboard designated seating position in an MPV, other than a motor home, manufactured on or after September 1, 1991 , with a GVWR of 10,000 pounds or less. A Type 1 (lap) or a Type 2 seat belt assembly is required at all other rear designated seating positions. Sections S4.2.4.2 and S4.2.4.3 of Standard No. 208 allow the Type 2 seat belt assembly to have a detachabl e upper torso portion if the seating position can be adjusted to a direction other than forward-facing or if the seat is designed to be easily removed and replaced.

Vans with a seating capacity of more than 10 persons would be considered buses under NHTSA's regulations. Section S4.4.3.2 of

2

Standard No. 208 requires the installation of an integral Type 2 seat belt assembly at each forward-facing rear outboard designated seating position in a bus, other than a school bus, manufactured on or after September 1, 1991, with a GVWR of 10,000 poun ds or less. A Type 1 or a Type 2 seat belt assembly is required at all other rear designated seating positions.

I hope you find this information helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992.

Sincerely,