Interpretation ID: nht95-4.46

TYPE: INTERPRETATION-NHTSA

DATE: October 4, 1995

FROM: Donald B. Karner -- Electric Transportation Applications

TO: Mary Versailles -- Chief Counsel, NHTSA

TITLE: NONE

ATTACHMT: 1/24/96 letter from Samuel J. Dubbin to Donald B. Karner (A44; Part 567; Part 571.3)

TEXT: Electric Transportation Applications has been contracted to conduct electric vehicle performance testing. During our listing, we encountered an issue concerning FMVSS Certification of a converted vehicle. Mr. Jude Clark of our staff spoke with you last week, and understood that your office was willing to provide NHTSA's opinion on this issue. We are writing to obtain this opinion.

Our questions center on changes made to a vehicle's seating capacity:

1. When a converter recertifies a vehicle with fewer designated seating positions than the number specified on the Original Equipment Manufacturer's (OEM) FMVSS Certification label, what actions must the converter take to prevent the seat from being occ upied?

2. Must the payload of the vehicle (GVWR less curb weight) be greater than the number of certified seating positions times 150 pounds (or some other number representing the weight of a typical passenger)?

3. What vehicle options, if any, must be considered in determinate of the curb weight used in question 2?

Thank you for your help in this matter. We are looking forward to your reply.