Interpretation ID: nht88-4.40

TYPE: INTERPRETATION-NHTSA

DATE: 12/16/88

FROM: RAYMOND F. BRADY -- RODNEY D. MCGALLIARD

TO: OFFICE OF CHIEF COUNSEL NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 03/13/89 FROM ERIKA Z. JONES TO RAYMOND F. BRADY, REDBOOK A33, PART 571.3; LETTER DATED 02/14/89 FROM RAYMOND F. BRADY TO NHTSA, REF 2912

TEXT: Dear Chief Counsel:

I would like to obtain your written opinion on the issue of whether a certain seat contained in a limousine constitutes a "designated seating position," as that term is defined in Section 571.3 of Title 49 of the Code of Federal Regulations. Specific ally, I am referring to two rearward-facing passenger seats, separated by a wooden stereo/television console, inserted by O'Gara Coachworks company in a 1985 Cadillac Fleetwood Brougham which was extended 46 inches into a limousine. O'Gara Coachworks re ferred to this limousine as its "Moritz" model. I have attached as Exhibit A hereto, a copy of a promotional brochure relating to the Moritz limousine. The two rearward-facing seats at issue are highlighted in yellow.

As you can see from Exhibit A, the rearward-facing seats are freestanding, and by that I mean that the seats have their own bottom and back cushions, the seats are mounted to the floor, and the seats are not attached to, nor do they fold up into, the back of any other seat. Furthermore, the bottom cushions of these seats are not spring-loaded to keep them in a retracted position, although it is possible to raise the bottom cushions manually to some extent. The seats are not labelled in any way to i ndicate that the seats are not designated for occupancy while the limousine is in motion. Finally, I would note that the rear passenger compartment of the Moritz limousine has been described by O'Gara Coachworks as having seating capacity for five perso ns.

Please let me know if you need further information in order to make this determination. Otherwise, I look forward to receiving your opinion.

Sincerely,

(PICTURES OF SINGLE SIDE CONSOLE AND CENTER CONSOLE OMITTED)