Interpretation ID: nht81-1.45
DATE: 03/17/81
FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA
TO: J. M. Tobias and Associated, Ltd.
TITLE: FMVSS INTERPRETATION
TEXT:
MAR 17 1981
NOA-30
Mr. Robert A. Langindorf Joseph M. Tobias and Associates, Ltd. Suite 911 100 North LaSalle Street Chicago, Illinois 60602
Dear Mr. Langindorf:
This responds to your recent letter to Mr. Bob Nelson of our Office of Vehicle Safety Standards. You asked several questions regarding Safety Standard No. 208. Occupant Crash Protection, in relation to a van vehicle equipped to secure wheelchairs. Specifically, you asked whether spaces on the vehicle's floor suitable for locking wheel chairs in the vehicle would be considered "designated seating positions" for which seat belt assemblies must be supplied.
A van vehicle designed to carry passengers rather than cargo would be considered a multipurpose passenger vehicle. This would include a medicar van for disabled persons in wheelchairs. As a multipurpose passenger vehicle, a 1975 or 1976 van would have to comply with the seat belt requirements of paragraph S4.2 of Safety Standard No. 208. This means that the vehicle manufacturer would have to install seat belts for each "designated seating position" in the van. In 49 CFR 571.3 "designated seating position" is defined, in part, as:
"any plan view location capable of accommodating a person at least as large as a 5th percentile adult female, if the overall seat configuration and design and vehicle design is such that the position is likely to be used as a seating position while the vehicle is in motion, except for auxiliary seating accommodations such as temporary or folding jump seats..."
You can see that this definition encompasses only seats that are installed as a permanent part of the overall vehicle structure, e.g., the driver's seat in the van and any other permanent passenger seats that are bolted to the floor of the vehicle. The definition would not include spaces on the floor suitable for securing wheelchairs. Therefore, these spaces would not be required to have seat belts under the requirements of Safety Standard No. 208. Only the van's driver's seat and permanent passenger seats would be required to have belts.
Please contact Hugh Oates of my staff if you have any further questions.
Sincerely,
Frank Berndt Chief Counsel
December 15, 1980
Mr. Bob Nelson NHTSA 400 7th Street Southwest Washington, D.C. 20590
Dear Mr. Nelson:
I was referred to you or Mr. Guy Hunter by Ms. Elizabeth Lindahl of the Regional Administrator, NHTSA office in Chicago Heights, Illinois. She told me you would be better able to handle some interpretations of the Motor Vehicle Safety Standards, in particular seatbelts.
In reference to seatbelts, I have also talked to Mr. Madison Post of the Illinois Department of Transportation. My Questions to both Mr. Post and Ms. Lindahl have dealt with Multi Passenger Vehicles and Trucks, S4.2 in Standard No. 208 and the safety belts requirements.
Mr. Post has informed me that a medicar van would be a multipurpose vehicle in S4.2. (See enclosed letter)
Ms. Lindahl said the member of designated positions is on the metal plate on the door as put their by the manufacturer.
The questions are as follows:
1) Would a multipurpose vehicle include a medicar van for disabled people in wheelchairs, S4.2?
2) Would S54.2 or any other section cover this medicar van made in 1975 or 1976?
3) In S4.2.2(a) and S4.2.1.2(b) would "designated seating position" or "outboard designated seating position" include a space on the floor designated for wheelchairs to be locked in, so as to require either a seat safety belt or passive protection system?
4) Is a medicar van sold new by a Dodge dealer, who designs the van so as to accommodate persons in wheelchairs, subject to safety belt requirements in light of S108 in Public Law 89-563--15 USC 1381, et seq (whereas rules apply to a wheelchair or item of equipment up to its first purchase for purposes other than resale)?
I would appreciate the answers to these questions according to either NHTSA or your interpretation. If not, please either pass this letter along to someone who can answer them or tell me whom to contact.
I thank you for your cooperation in all of the foregoing.
Yours truly,
FOR JOSEPH M. TOBIAS & ASSOCIATES
RAL:idt
Enclosure
November 26, 1980
Robert A. Langendorf Suite 911 100 N. LaSalle St. Chicago, Illinois 60602
Dear Mr. Langendorf:
You inquired about application of Federal Motor Vehicle Safety Standard (FMVSS) 208, Section 4.2, to a "medicar van" and seat belt requirements for such a "van".
Under federal definitions and rules a motor vehicle, including a "van", constructed on a truck chassis and designed or altered to carry 10 persons or less (as opposed to cargo, freight, equipment, etc.) is a multi-purpose passenger vehicle (MPV--49 CFR 571.3). It must be classified MPV and must conform to Section 4.2 and other applicable FMVSS (49 CFR 567).
In general, the FMVSS and related rules apply to a vehicle or item of equipment up to its first purchase for purposes other than resale (Section 108 in Public Law 89-563--15 USC 1351, et seq).
I suggest you contact officials of the National Highway Traffic Safety Administration (NHTSA) for more specific answers to your detail questions:
Regional Administrator, NHTSA Chief Counsel 1010 Dixie Highway NHTSA Chicago Heights, IL 60411 Washington, D.C. 20590 312/756-1950 Phone Safety Hot Line 800/424-9373
Michael Finkelstein Administrator for Rule Making NHTSA Washington, D.C. 20590 Phone Safety Hot Line 800/424-9373
Under current interpretations of State definitions every 1st division motor vehicle, (such as a passenger car, MPV, or "van" that is not a taxicab) becomes a bus if used for transportation of persons for compensation even though it seats 10 persons or less (IVC 1-107). The type of compensation is not restricted. The transformation to bus occurs with regular (not occasional or rare) acceptance of any type of equivalent or recompensive action or payment i.e., service or help "in kind", "favors in return", money or other fare, emolument, fee, aid, grant, or other fund(s) stemming from private or government (federal, state, or local) person or entity, vehicle in "car pool", etc. Many first division buses are operated in Illinois (IVC 1-217).
State law requires two sets of seat belts for the front seat of a first division vehicle (IVC 12-501). Of course, where the front seat provides seating for only one person, i.e. driver, only one set is needed. Seat belt installations that meet FMVSS 208 and other standards referred to therein are acceptable, since the FMVSS preempts State standards (Sec. 103, PL 89-563--15 USC 1381, et seq).
Thank you for asking about seat belt requirements.
Sincerely,
Madison Post Standards Engineer Bureau of Safety Operations
MP:mp
cc: L. Wort S. England