Interpretation ID: nht71-1.24

DATE: 08/16/71 EST

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Recreational Vehicle Institute, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of July 27, 1971, in which you raised a question concerning the application of Standard 206 to doors on recreational vehicles.

Standard 206, Door Locks and Door Retention Components, states that "Side door components referred to herein shall conform to this standard if any portion of a 90-percentile two-dimensional manikin as described in SAE Practice J826, when positioned at any seating reference point, projects into the door opening area on the side elevation or profile view." The term "seating reference point" corresponds to a "designated seating position," which is defined as "any plan view location intended by the manufacturer to provide seating accommodations while the vehicle is in motion, for a person at least as large as a fifth percentile adult female, except auxiliary seating accommodations such as temporary or folding jump seats." The question you asked is whether a seating accommodation that the manufacturer labels as "not for use while the vehicle is in motion" may be disregarded in determining which vehicle doors must comply under the Standard 206 provision quoted above.

The relevant question is whether the seating position in question is "intended by the manufacturer to provide seating accommodation while the vehicle is in motion." While Standard 207 will require all seats intended by the manufacturer not to be used while the vehicle is in motion to be so labeled, it does not necessarily follow that the label will be accepted in all cases as conclusive evidence of the manufacturer's intent. The design of the seat and its location in the vehicle must also be considered. As an example, if it were found that a manufacturer had previously intended that a particular seat be used while the vehicle is in motion, and that he now attached the label merely to evade the Standard 206 requirement without changing his design, the application of Standard 206 to the vehicle would not be barred. The ultimate question in such cases is whether the label clearly is in accord with the manufacturer's intent, in light of all the facts.

The above statement is our general position on the application of Standard 206, in answer to your question. It is not intended to change the interim agreements that we made with respect to the current Standard 206 compliance problems of some of your member manufacturers.

Sincerely,

ATTACH.

RECREATIONAL VEHICLE INSTITUTE, INC.

July 27, 1971

Lawrence R. Schneider -- Acting Chief Counsel, NHTSA

Dear Larry:

We appreciate very much the time you, Dave Schmeltzer and Dick Dyson spent with us the morning of July 26th on the door lock problem.

In addition to the possible courses of action proposed in those discussions to resolve the current problem, we have reexamined the specific language of Standard No. 206 to see if an appropriate interpretation of the standard would be helpful. We have reached the conclusion as to proper interpretation of the standard set forth below and would appreciate your confirmation of this conclusion if you are in agreement with it.

Paragraph S4. Requirements, requires that side door components conform to the standard "if any portion of a 90 - percentile two - dimensional manikin . . . when positioned at any seating reference point, projects into the door opening area on the side elevation or profile view . . ." (underscoring supplied). "Seating reference point", as defined in Part 571 - Section 571.3, seems clearly to be locatable only with reference to a "designated seating position". "Designated seating position", in turn, is defined as "any plan view location intended by the manufacturer to provide seating accommodations while a vehicle is in motion . . ." (underscoring supplied). Standard No. 208 (as published September 30, 1970 - 35 F.R. 190, p.15222) prescribes this amended definition and in the preamble states that "the amended definition of designated seating position in Section 571.3 does not include seats that are not intended for use while the vehicle is in motion" (underscoring supplied). Standard No. 207, effective January 1, 1972, prescribes that seats not designated for occupancy while the vehicle is in motion shall be conspicuously labeled to that effect.

These cited provisions, and the specific requirements of Standards Nos. 207, 208, and 210, seem clearly to contemplate that in some vehicles subject to these standards there will be seating accommodations but which are not intended by the manufacturer for use while the vehicle is in motion. This is particularly true of motor homes since manufacturers provide seating for dining and for other uses while the vehicle is not in motion.

We have concluded, therefore, that current Standard No. 206 is not applicable in either of the following situations:

(1) Where there is no seating accommodation at all projecting into the door opening area on the side elevation or profile view.

(2) Where there is a seating accommodation but the manufacturer of the vehicle has specifically designated as not for use while the vehicle is in motion any portion of such seating accommodation which would fall within the specific language of paragraph S4. of Standard No. 206.

It necessarily follows that, if the foregoing interpretations of the standard are correct, then a manufacturer, dealer or distributor, may manufacture, sell, offer for sale, or introduce into interstate commerce a motor vehicle, without violation of the Safety Act, which either does not have any seating accommodation at all or does not have designated seating positions falling within the specific language of paragraph S4. of Standard No. 206. A similar conclusion applies to certification labeling as to conformity with applicable Federal safety standards. Although the labeling requirements of Standard No. 207 are not effective until January 1, 1972, we presume that any labeling by the manufacturer of each seating position which might otherwise make the vehicle subject to Standard No. 206 as "not for use while the vehicle" would make the standard inapplicable to such vehicle. We, of course, would recommend to manufacturers at the time these conclusions are communicated to them that such labeling be conspicuous and designed to attract the attention of the vehicle occupants. We would recommend also to the manufacturers, as an added safety feature, that they provide dead bolt locks where feasible for each such motor home where there are seating accommodations which, while designated as not for use while the vehicle is in motion, would otherwise fall within the language of paragraph S4. of Standard No. 206.

Your expeditious consideration of these conclusions and their confirmation would be appreciated. We would like to be able to incorporate them in the contemplated general memorandum from RVI to the industry which will provide information regarding the Bargman Company part replacement program. These interpretations of the standard will aid the situation to some degree, hopefully, and together with your favorable action on the other ideas for resolution of the matter which we discussed may well alleviate much of the worst of the considerable adverse economic impact on the RV industry.

Very truly yours,

David J. Humphreys

cc: F. M. Radigan; Philip N. Shrake