Interpretation ID: nht94-4.20

TYPE: INTERPRETATION-NHTSA

DATE: September 2, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Paul Frink -- Engineering Manager, Avionic Structures, Inc.

TITLE: NONE

ATTACHMT: Attached to letter dated 07/11/94 from Paul Frink to Office of Chief Council, NHTSA (OCC 10177)

TEXT: This responds to your letter and telephone call asking several questions about Federal Motor Vehicle Safety Standard (FMVSS) No. 206, Door Locks and Door Retention Components (49 CFR 571.206).

Your letter stated that your company manufacturers a door and frame system designed for installation on a "recreational motor home," which you described as a self-propelled, self-contained recreational vehicle seating six and with a gross vehicle weight rating of under 10,000 pounds. The door system is installed on the right front side of the vehicle and is the primary means of ingress/egress. You stated that the door's latch/striker assembly is purchased from Tri-Mark Corporation, and that Tri/Mark a ssures you that the latch/striker assembly conforms to the requirements of FMVSS No. 206. You ask what the classification of the vehicle would be and whether FMVSS No. 206 would apply to the door in question.

By way of background information, 49 U.S.C. 30101, et seq. authorizes the National Highway Traffic Safety Administration (NHTSA) to issue Federal motor vehicle safety standards applicable to new motor vehicles and new items of motor vehicle equipment. T he statute establishes a self-certification system in which manufacturers certify that their products comply with all applicable FMVSSs. This agency ensures compliance by purchasing vehicles and/or equipment in the retail market and testing them as set f orth in the applicable standards. If the vehicle or equipment is found to meet the requirements of the standards, no further action is taken. If the vehicle or equipment fails to meet the standards, the manufacturer is responsible for correcting the no ncompliance(s) at no cost to the purchaser. NHTSA also investigates defects relating to motor vehicle safety. If a manufacturer or NHTSA determines that a safety-related defect exists, the manufacturer must notify purchasers of its product and remedy t he defect free of charge.

For the purposes of the FMVSSs, NHTSA classifies motor vehicles as passenger cars, multipurpose passenger vehicles (MPVs), trucks, buses, motorcycles, and trailers. From your description, the vehicle concerned would be classified as an MPV, which is def ined in the definitions section of our FMVSSs (49 CFR 571.3; see enclosed) 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."

You first ask about the classification of the vehicle and whether FMVSS No. 206 would apply. FMVSS No. 206 (copy enclosed) applies to passenger cars, MPVs and trucks. Since the vehicle on which your door and frame system will be installed is an MPV, th e standard would apply to the vehicle. The standard requires that, with certain exceptions not applicable here, components on any side door leading directly into a compartment containing one or more seating accommodations must comply with the requiremen ts of the standard (see S4 of FMVSS No. 206). The door in question meets this description of S4. According to your letter, there is a step area extending from the door opening into the coach and the passenger seat closest to the door is behind this ste p area. The presence of the step area does not negate the fact that the door in question leads directly into a compartment that contains passenger seating accommodations. Thus, the components of the door must comply with the requirements of FMVSS 206.

To clarify your understanding of the applicability of FMVSS No. 206, the standard applies to new completed vehicles. Therefore, it would be the vehicle manufacturer who would "certify" compliance with the standard, not the various manufacturers of the c omponents of the door lock system. Sometimes the vehicle manufacturer will rely on the assurances of the suppliers, such as Avionic and Tri-Mark, that the components conform to the requirements of the applicable standards, in making the certification to FMVSS No. 206. However, the vehicle manufacturer is ultimately responsible for ensuring that the vehicle complies with FMVSS No. 206, and therefore must determine whether those assurances are bona fide.

Also enclosed for your information are fact sheets issued by this agency entitled "Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment" n1 and "Where to Obtain NHTSA's Safety Standards and Regulations," respectively.

n1 Please note that the "National Traffic and Motor Vehicle Safety Act" and the "Motor Vehicle Information and Cost Savings Act" to which the information sheet refers have recently been recodified in Title 49 of the United States Code. This means tha t the citations used in the information sheet are outdated; however, the substantive requirements described in the sheet have not changed.

I hope this information is helpful to you. Should you need any additional information or have any further questions, please feel free to contact Mr. Myers of my staff at this address or at (202) 366-2992.