Interpretation ID: nht78-3.10

DATE: 09/22/78

FROM: AUTHOR UNAVAILABLE; J. J. Levin, Jr.; NHTSA

TO: Mercedes-Benz of North America, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your recent question whether Mercedes may use a dynamic test to evaluate seat structure integrity instead of the static test specified in the testing procedures of Safety Standard No. 207.

The answer to your question is yes. A manufacturer is permitted to use whatever test procedures or methods of evaluation he chooses to assure its vehicles are in compliance with Federal motor vehicle safety standards. The legal requirement under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1391, et seq.) is that the manufacturer exercise due care to determine that his vehicles will be in compliance with all applicable standards when tested by the agency in accordance with the test procedures specified in those standards.

Therefore, you may use a dynamic test method to determine the integrity of your vehicle seats if this constitutes the exercise of due care to assure the seats meet the performance requirements specified in Standard No. 207. Of course, it cannot be determined whether a manufacturer in fact exercised due care in advance of the actual events leading to the certification of compliance. Likewise, the agency will not approve a manufacturer's method of testing in advance of certification.

Please contact me if you have any further questions.

SINCERELY,

MERCEDES - BENZ OF NORTH AMERICA, INC.

July 3, 1978

National Highway Traffic Safety Administration

Attention: Office of Chief Counsel

Subject: Request for Interpretation; FMVSS 207

Dear Madam or Sir,

Federal Motor Vehicle Safety Standard No. 207 specifies in Section S5. Test Procedures, loading techniques to evaluate seat structure integrity. All figures in this standard depict draw bars or other force controlling devices typical of static testing procedures.

Mercedes-Benz of North America believes that such a description of these tests restricts a manufacturer from using alternative test procedures. It is also believed that dynamic testing techniques are more realistic and within the intent of this standard when they produce forces equal to or exceeding those specified in this standard. We would appreciate receiving your confirmation of this opinion at your earliest convenience to enable the use of a dynamic test as an alternative to the current technique specified.

HEINZ W. GERTH