Interpretation ID: 1983-1.34

TYPE: INTERPRETATION-NHTSA

DATE: 03/29/83

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Sherrod Vans, Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

MAR 29 1983 NOA-30

Sherrod Vans, Inc. 9485 Regency Square Blvd. Suite 330 Jacksonville, Florida 32211

Dear Sirs:

This responds to your recent letter asking for confirmation that you do not have to install seat belts on a sofa/bed used in your van conversions if you place a "disclaimer" on the sofa to indicate that it is not to be considered a seat while the vehicle is in motion.

Your assumption is incorrect. You must install seat belts on these sofa seats. Safety Standard No. 208, Occupant Crash Protection, requires the installation of either Type 1 (lap belts) or Type 2 (combination lap and shoulder belts) belts at each designated seating position in a van, including rearmost seats. Under 49 CFR Part 571.3, "designated seating position" is defined 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. Any bench or split-bench seat in a passenger car, truck or multipurpose passenger vehicle with a GVWR less than 10,000 pounds, having greater than 50 inches of hip room (measured in accordance with SAE Standard J1100(a)) shall have not less than three designated seating positions, unless the seat design or vehicle design is such that the center position cannot be used for seating."

In our opinion, a sofa seat in the rear of a van is likely to be used as a seating position while the vehicle is in motion and, therefore, is a designated seating position. The fact that the seat converts to a bed is irrelevant. This will not prevent passengers from using the position for seating when the accommodation is in its unconverted, sofa mode.

A manufacturer cannot escape the responsibilities associated with a designated seating position simply by placing a sticker on the seat disclaiming that the position is to be used. If this were the case, manufacturers would be able to place stickers on all seats in vehicles and avoid the requirements for seat belts entirely. It is true that Safety Standard No. 207, Seating Systems, requires seats not designated for occupancy while the vehicle is in motion to be conspicuously labeled to that effect (paragraph S4.4). However, this labeling requirement is only applicable to positions that do not qualify as designated seating positions under 49 CFR 571.3. For example, folding jump seats are not considered designated seating positions under the definition. Therefore, these seats should be labeled as required by Standard No. 207.

In our opinion, you would be able to omit seat belts in this case only if the structure was a permanent, stationary bed which could not be converted into a sofa. Also, please note that under the definition of designated seating position, you would be required to install at least three sets of seat belts if the sofa has hip room greater than 50 inches.

I hope this has eliminated any misunderstanding you may have had concerning this matter. If you have any further questions, please contact Hugh Oates of my staff (202-426-2992).

Sincerely,

Frank Berndt Chief Counsel

February 1, 1983

National Highway Traffic Safety Administration 400 7th Street, S.W. Washington, D. C. 20590

Attention: Office of the Chief Counsel

Dear Sir:

In talking to Mr. Wilson of Transporation we were told we do not have to put seat belts on the sofa we install in our vans if we use a disclaimer.

He also said that by writing you that you would furnish us in writing that as long as we use a disclaimer we do not have to install seat belts on the sofa that is in the rear of the van.

We would appreciate it very much if you could furnish us this as soon as possible.

Thank you.

Sherrod Vans, Inc.