Interpretation ID: Conklin_6526
- the vehicle is a truck or multipurpose passenger vehicle that has either a gross vehicle weight rating which is greater than 8,500 pounds, but not greater than 10,000 pounds, or has an unloaded vehicle weight greater than 5,500 pounds and a GVWR of 10,000 pounds or less (S4.2.3); or
- the vehicle is a bus (i.e., a vehicle designed to carry 10 or more persons) with a GVWR of 10,000 pounds or less (S4.4.3.2).
- the vehicle is classified as a bus and has a GVWR greater than 10,000 pounds (S4.4.3.1);
- the vehicle is a truck or multipurpose passenger vehicle with a GVWR greater than 10,000 pounds (S4.3.2; the vehicle could instead comply with specified crash requirements); or
- the vehicle is a truck or a multipurpose passenger vehicle with a GVWR of less than 8,500 pounds and an unloaded vehicle weight greater than 5,500 pounds.
William Conklin, Esq.
410 Central Avenue
Strain Building, Suite 309
Great Falls, MT 59403-2049
Dear Mr. Conklin:
This responds to your letter in which you asked several questions about the requirements for safety belts under Federal Motor Vehicle Safety Standard (FMVSS) No. 208, Occupant Crash Protection.You specifically asked about the requirements for rear side-facing seats in a 1999 van. As explained below, the requirements of FMVSS No. 208 depend in part on the type of vehicle in which the seats were installed and on the vehicles gross vehicle weight rating (GVWR).
In your letter you asked about the requirements of FMVSS No. 208 with respect to a 1999 van used to transport criminal-detainees.You stated that the back of the van is equipped with "an expanded metal cage" that contains two side-facing bench seats.You then asked if the bench seats were required to have safety belts.
I note that we do not have sufficient information about the van in question.Therefore, I will discuss generally the seat belt requirements for side-facing rear seats in vans.
Generally, manufacturers are required to manufacture vehicles that comply with all applicable Federal motor vehicle safety standards.49 U.S.C. 30112 provides that:
A person may not manufacture for sale, sell, offer for sale, introduce or deliver for introduction in interstate commerce, or import into the United States, any motor vehicle or motor vehicle equipment manufactured on or after the date an applicable motor vehicle safety standard prescribed under this chapter takes effect unless the vehicle or equipment complies with the standard and is covered by a certification issued under section 30115 of this title.
In general, our regulations apply to vehicles up to the point of their first retail sale.
The applicability of requirements under FMVSS No. 208 is specific to vehicle-type. The seat belt requirements for seats as you described, and the appropriate citations, were essentially the same in 1999 as those that currently apply.A vehicle originally manufactured as you described effectively would be required to have a Type 1 (lap-only) or Type 2 (lap and shoulder) belt installed at each rear side-facing designated seating position if:
The vehicle would not be required to have seat belts at the rear side-facing designated seating positions if:
We note that trucks and multipurpose passenger vehicles with a GVWR of 10,000 pounds or less will be required to have a Type 1 or Type 2 seat belt at rear side-facing designated seating positions beginning September 1, 2007 (see, 69 Federal Register 70904; December 8, 2004).
Finally, if the side-facing seats were added to a certified, completed vehicle by a dealer or distributor prior to first retail sale of the vehicle, we would consider that party an "alterer" (see, 49 CFR 567.7).Accordingly, the vehicle as altered would be required to comply with all applicable FMVSSs (see 49 U.S.C. 30112).
I hope this information is helpful.If you have any further questions, please contact Mr. Chris Calamita of my staff at (202) 366-2992.
Sincerely,
Stephen P. Wood
Acting Chief Counsel
ref:208
d.11/3/05