ID: nht91-7.43

DATE: December 10, 1991

FROM: Terry Semprini -- Executive Director, Cycle Country Accessories Corp.

TO: Taylor Vinson -- Legal Counsel, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 1/23/92 from Paul Jackson Rice (Stephen P. Wood) to Terry Semprini (A39; Std. 108)

TEXT:

CYCLE COUNTRY ACCESSORIES CORPORATION is working on a new safety light that works in conjunction with the tail lights found on the back of Tractor-Trailers, and Straight Trucks. The light is in a diamond shape 15 1/2" x 15 1/2". The light is positioned at the top of the back doors. As you turn the turn signal right there will be a yellow arrow in the light that will point right. Turn the signal on left and a yellow arrow points left. Put your brake light on and 4 red lights come on. Put your emergency flasher on and the 4 red lights will light up and flash. I have enclosed pictures for your viewing.

We are wanting to know if this type of light is legal to run in all of the United States?

Please contact me with your ruling.

If you have any questions please contact me at 1-800-841-2222.

Looking forward to your response.

ID: aiam5603

Dear Mr. Rice: This responds to your letter of August 30, 1995 concerning a June 6, 1995 letter from this office to C. Rufus Pennington, III. You asked us to confirm that the agency did not take a position as to whether there are 'designated seating positions' in the rear of the 1979 911 SC Porsche. You are correct. As the letter clearly states, 'NHTSA cannot make a determination as to whether a vehicle complied with applicable safety standards outside a compliance proceeding.' I hope this information has been helpful. Sincerely, John Womack Acting Chief Counsel;

ID: 7913

Mrs. M. Frances Parton
5788 Cypress Cr.
Tallahassee, FL 32303

Dear Mrs. Parton:

This responds to your letter of October 7, 1992, requesting information on whether a 1992 van can be modified by installing swivel bases on the seats so that you can transfer from the seat to a wheelchair. It is unclear from your letter whether the seat you want modified is a front or a rear seat. As explained below, there is no federal requirement that expressly prohibits installing a swivel base on a seat, provided that the seats and belts continue to comply with the applicable safety standards.

Some background information on Federal motor vehicle safety laws and regulations may be helpful. Section 103 of the National Traffic and Motor Vehicle Safety Act (the Safety Act; 15 U.S.C. 1392) authorizes NHTSA to issue Federal Motor Vehicle Safety Standards for new motor vehicles and new items of motor vehicle equipment. Manufacturers are required to certify that their products meet all applicable safety standards.

Any manufacturer, distributor, dealer, or repair business that modifies a van for you along the lines described in your letter after you have purchased the van would be subject to the requirement of the Safety Act (at 15 U.S.C. 1397(a)(2)(A)) that:

No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle . . . in compliance with an applicable Federal motor vehicle safety standard.

Since the seats and their safety belts are devices or elements of design installed in the van in compliance with applicable safety standards, this section prohibits any of the named commercial entities from making any modification or repair to the seats and/or their accompanying safety belts if such modification or repair would cause the vehicle no longer to comply with an applicable safety standard.

Adding a swivel base to a seat, and presumably moving the seat belts for the seat, could affect compliance with four safety standards: Standard No. 207, Seating Systems, Standard No. 208, Occupant Crash Protection, Standard No. 209, Seat Belt Assemblies, and Standard No. 210, Seat Belt Assembly Anchorages. Standard No. 207 establishes strength and other performance requirements for vehicle seats. Standard No. 208 sets forth requirements for occupant protection at the various seating positions in vehicles. Based upon the information in your letter, it appears that the vehicle you wish to have modified would be classified as a multipurpose passenger vehicle (MPV) for purposes of NHTSA's regulations. Standard No. 208 requires an MPV to provide occupant crash protection to belted front seat occupants when the vehicle is crash tested at 30 miles per hour (mph) into a concrete barrier. Standard No. 208 also requires an MPV to have a lap/shoulder belt at every rear outboard seating position, and either a lap belt or a lap/shoulder belt at every other rear seating position. Standard No. 209 sets forth strength, elongation, webbing width, durability, and other requirements for seat belt assemblies. Standard No. 210 establishes strength and location requirements for seat belt anchorages.

As you can see, with the exception discussed below, there is nothing in Federal law that prohibits persons from adding a swivel base to a seat. Instead, Federal law requires that modifications to a van that include adding a swivel base to a seat be done in such a way that the seats and safety belts continue to provide the safety protection mandated by the safety standards.

With respect to Standard No. 208's requirements for front seats, NHTSA has recently received a number of phone calls and letters, from van converters and individuals, suggesting that the crash testing requirement for front seats in MPVs will, in effect, prohibit van converters from modifying vehicles to accommodate the special needs of persons in wheelchairs. The agency has also received a petition from the Recreation Vehicle Industry Association (RVIA) requesting an amendment to the light truck and van crash test requirement "to eliminate requirements that inadvertently discriminate against individuals with disabilities including individuals who use wheelchairs."

On January 9, 1992, the agency granted the RVIA petition. On August 5, 1992, the agency issued a notice of proposed rulemaking (NPRM) to amend the requirements of Standard No. 208 to give manufacturers of certain light trucks and vans the option of installing non-dynamically tested manual safety belts instead of complying with the dynamic testing requirements. However, the agency is aware that you and others who need to purchase a new vehicle need more immediate relief than a rulemaking can offer. Therefore, as explained in the NPRM, the agency has stated that it will not conduct any dynamic testing under Standard No. 208 of vehicles modified for operation by persons with disabilities while this rulemaking is pending. If you need to have the swivel base added to a front seat, this should allow you to find a converter to make this modification while this decision is pending.

I hope you find this information helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992.

Sincerely,

Paul Jackson Rice Chief Counsel

ref:207#208#209#210 d:11/25/92

ID: nht92-2.5

DATE: 11/25/92

FROM: PAUL JACKSON RICE -- CHIEF COUNSEL, NHTSA

TO: M. FRANCES PARTON

ATTACHMT: ATTACHED TO LETTER DATED 10-7-92 FROM M. FRANCES PARTON TO JACK RICE (OCC 7913)

TEXT: This responds to your letter of October 7, 1992, requesting information on whether a 1992 van can be modified by installing swivel bases on the seats so that you can transfer from the seat to a wheelchair. It is unclear from your letter whether the seat you want modified is a front or a rear seat. As explained below, there is no federal requirement that expressly prohibits installing a swivel base on a seat, provided that the seats and belts continue to comply with the applicable safety standards.

Some background information on Federal motor vehicle safety laws and regulations may be helpful. Section 103 of the National Traffic and Motor Vehicle Safety Act (the Safety Act; 15 U.S.C. 1392) authorizes NHTSA to issue Federal Motor Vehicle Safety Standards for new motor vehicles and new items of motor vehicle equipment. Manufacturers are required to certify that their products meet all applicable safety standards.

Any manufacturer, distributor, dealer, or repair business that modifies a van for you along the lines described in your letter after you have purchased the van would be subject to the requirement of the Safety Act (at 15 U.S.C. 1397(a)(2)(A)) that:

No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle . . . in compliance with an applicable Federal motor vehicle safety standard.

Since the seats and their safety belts are devices or elements of design installed in the van in compliance with applicable safety standards, this section prohibits any of the named commercial entities from making any modification or repair to the seats and/or their accompanying safety belts if such modification or repair would cause the vehicle no longer to comply with an applicable safety standard.

Adding a swivel base to a seat, and presumably moving the seat belts for the seat, could affect compliance with four safety standards: Standard No. 207, Seating Systems, Standard No. 208, Occupant Crash Protection, Standard No. 209, Seat Belt Assemblies, and Standard No. 210, Seat Belt Assembly Anchorages. Standard No. 207 establishes strength and other performance requirements for vehicle seats. Standard No. 208 sets forth requirements for occupant protection at the various seating positions in vehicles. Based upon the information in your letter, it appears that the vehicle you wish to have modified would be classified as a multipurpose passenger vehicle (MPV) for purposes of NHTSA's regulations. Standard No. 208 requires an MPV to provide occupant crash protection to belted front seat occupants when the vehicle is crash tested at 30 miles per hour (mph) into a concrete barrier. Standard No. 208 also requires an MPV to have a lap/shoulder belt at every rear outboard seating position, and either a lap belt or a lap/shoulder belt at every other rear seating position. Standard No. 209 sets forth strength, elongation, webbing width, durability, and other requirements for seat belt assemblies. Standard No. 210 establishes strength and location requirements for seat belt anchorages.

As you can see, with the exception discussed below, there is nothing in Federal law that prohibits persons from adding a swivel base to a seat. Instead, Federal law requires that modifications to a van that include adding a swivel base to a seat be done in such a way that the seats and safety belts continue to provide the safety protection mandated by the safety standards.

With respect to Standard No. 208's requirements for front seats, NHTSA has recently received a number of phone calls and letters, from van converters and individuals, suggesting that the crash testing requirement for front seats in MPVs will, in effect, prohibit van converters from modifying vehicles to accommodate the special needs of persons in wheelchairs. The agency has also received a petition from the Recreation Vehicle Industry Association (RVIA) requesting an amendment to the light truck and van crash test requirement "to eliminate requirements that inadvertently discriminate against individuals with disabilities including individuals who use wheelchairs."

On January 9, 1992, the agency granted the RVIA petition. On August 5, 1992, the agency issued a notice of proposed rulemaking (NPRM) to amend the requirements of Standard No. 208 to give manufacturers of certain light trucks and vans the option of installing non-dynamically tested manual safety belts instead of complying with the dynamic testing requirements. However, the agency is aware that you and others who need to purchase a new vehicle need more immediate relief than a rulemaking can offer. Therefore, as explained in the NPRM, the agency has stated that it will not conduct any dynamic testing under Standard No. 208 of vehicles modified for operation by persons with disabilities while this rulemaking is pending. If you need to have the swivel base added to a front seat, this should allow you to find a converter to make this modification while this decision is pending.

I hope you find this information helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992.

ID: 10715

Mr. Mark Warlick
Four Winds International Corporation
791 C.R. 15 P.O. Box 1486
Elkhart, IN 46515-1486

Dear Mr. Warlick:

This responds to your fax asking about the meaning of "designated seating position" for purposes of the Federal motor vehicle safety standards. You noted that the RVIA Handbook, dated April 23, 1991, states that "it is the NHTSA's position that, as a minimum, there must be as many [designated seating positions] as there are sleeping accommodations." You asked whether this statement is still in effect, and, if so, where you can find it in the Code of Federal Regulations. You also asked what defined area makes up one sleeping position.

This will confirm that it continues to be NHTSA's position that, as a minimum, there must be as many designated seating positions as there are sleeping accommodations. This position is based on the definition of "designated seating position," which is set forth at 49 CFR 571.3. Under that definition, the question of whether a position in a vehicle constitutes a designated seating position is dependent in part on whether the position "is likely to be used as a seating position while the vehicle is in motion." If a manufacturer designs a vehicle to sleep a particular number of persons, e.g., six persons, it is logical to assume that those six persons will ride in the vehicle to their sleeping destination. Therefore, there must be at least six designated seating positions in the vehicle. A more complete discussion of this issue is presented on p. 23234 of the enclosed Federal Register notice (Final rule amending the definition of "designated seating position," April 19, 1979).

We do not have a definition of what area makes up one sleeping position. NHTSA would consider all available information to determine the number of sleeping positions in a vehicle. This would include the size of the sleeping accommodations, e.g., whether an area is large enough to accommodate more than one person, and advertising by the manufacturer and dealers.

I hope this information is helpful. If you have further questions, please feel free to call Edward Glancy of my staff at (202) 366-2992.

Sincerely,

Philip R. Recht Acting Chief Counsel

Enclosure

ref:571 d:4/24/95

ID: nht95-2.49

TYPE: INTERPRETATION-NHTSA

DATE: April 24, 1995

FROM: Philip R. Recht -- Acting Chief Counsel

TO: Mark Warlick -- Four Winds International Corporation

TITLE: NONE

ATTACHMT: ATTACHED TO 2/8/95 LETTER FROM MARK WARLICK TO ED GLANCY

TEXT: Dear Mr. Warlick:

This responds to your fax asking about the meaning of "designated seating position" for purposes of the Federal motor vehicle safety standards. You noted that the RVIA Handbook, dated April 23, 1991, states that "it is the NHTSA's position that, as a mi nimum, there must be as many [designated seating positions] as there are sleeping accommodations." You asked whether this statement is still in effect, and, if so, where you can find it in the Code of Federal Regulations. You also asked what defined are a makes up one sleeping position.

This will confirm that it continues to be NHTSA's position that, as a minimum, there must be as many designated seating positions as there are sleeping accommodations. This position is based on the definition of "designated seating position," which is s et forth at 49 CFR 571.3. Under that definition, the question of whether a position in a vehicle constitutes a designated seating position is dependent in part on whether the position "is likely to be used as a seating position while the vehicle is in m otion." If a manufacturer designs a vehicle to sleep a particular number of persons, e.g., six persons, it is logical to assume that those six persons will ride in the vehicle to their sleeping destination. Therefore, there must be at least six designat ed seating positions in the vehicle. A more complete discussion of this issue is presented on p. 23234 of the enclosed Federal Register notice (Final rule amending the definition of "designated seating position," April 19, 1979).

We do not have a definition of what area makes up one sleeping position. NHTSA would consider all available information to determine the number of sleeping positions in a vehicle. This would include the size of the sleeping accommodations, e.g., whethe r an area is large enough to accommodate more than one person, and advertising by the manufacturer and dealers.

I hope this information is helpful. If you have further questions, please feel free to call Edward Glancy of my staff at (202) 366-2992.

ID: aiam1679

Dear Mr. Winiarski: Your letter of October 8, 1974, to Mr. Bobby Boaz has been forwarded t this office for reply. You appear to be interested in obtaining some general statements regarding the applicability of motor vehicle safety standards to different types of motor vehicles.; We attempt to apply each Federal motor vehicle safety standard to a wide a range of motor vehicles and motor vehicle equipment as is reasonable, practicable and appropriate. It is not entirely accurate, however, to say that the standards apply to the performance of equipment which vehicles are required to have. The standards are divided conceptually into three types: those which apply to new vehicles, those which apply to motor vehicle equipment (*e.g.* tires, child seats, etc.) and those which apply to both vehicles and equipment. In the case of a standard which applies to vehicles, the tests employed by the standard can take into account vehicle structure, weight, and design. In other words it is the method by which equipment is integrated into a vehicle that is important, rather than the performance of the equipment taken alone.; Standards which apply to vehicles specify the particular vehicle type to which they apply. Most early vehicle standards applied only to passenger cars. Since that time we have attempted to expand the applicability of some of these standards to other vehicle types. In each case, as I indicated above, a standard must be reasonable, practicable, and appropriate for the type of vehicle to which it is applied. In some cases, this is a matter of technology as you suggest. In others, however, the question may be one of safety need. For example, some standards do not apply to trailers (*e.g.*, Standard No. 302, 'Flammability of interior materials') or to equipment for use in trailers (No. 205, 'Glazing materials') because State laws prohibit people from riding in trailers. In this regard standards can also be directed at particular vehicle types to alleviate safety problems particular to them. A good example of this is Standard No. 217, 'Bus window retention and release.'; Your statements regarding seat belts and the applicability of Standard No. 208, 209, and 210 are not correct. While these requirements are somewhat complex, I believe an appropriate summary would be that seat belts and anchorages are required at all permanent seating positions including lateral or rearward positions, in all motor vehicles except trailers, motorcycles, and the passenger seats in buses.; Yours truly, Richard B. Dyson, Acting Chief Counsel

ID: aiam1678

Dear Mr. Winiarski: Your letter of October 8, 1974, to Mr. Bobby Boaz has been forwarded t this office for reply. You appear to be interested in obtaining some general statements regarding the applicability of motor vehicle safety standards to different types of motor vehicles.; We attempt to apply each Federal motor vehicle safety standard to a wide a range of motor vehicles and motor vehicle equipment as is reasonable, practicable and appropriate. It is not entirely accurate, however, to say that the standards apply to the performance of equipment which vehicles are required to have. The standards are divided conceptually into three types: Those which apply to new vehicles, those which apply to motor vehicle equipment (*e.g.* tires, child seats, etc.) and those which apply to both vehicles and equipment. In the case of a standard which applies to vehicles, the tests employed by the standard can take into account vehicle structure, weight, and design. In other words it is the method by which equipment is integrated into a vehicle that is important, rather than the performance of the equipment taken alone.; Standards which apply to vehicles specify the particular vehicle type to which they apply. Most early vehicle standards applied only to passenger cars. Since that time we have attempted to expand the applicability of some of these standards to other vehicle types. In each case, as I indicated above, a standard must be reasonable, practicable, and appropriate for the type of vehicle to which it is applied. In some cases, this is a matter of technology as you suggest. In others, however, the question may be one of safety need. For example, some standards do not apply to trailers (*e.g.*, Standard No. 302, 'Flammability of interior materials') or to equipment for use in trailers (No. 205, 'Glazing materials') because State laws prohibit people from riding in trailers. In this regard standards can also be directed at particular vehicle types to alleviate safety problems particular to them. A good example of this is Standard No. 217, 'Bus window retention and release.'; Your statements regarding seat belts and the applicability of Standard No. 208, 209, and 210 are not correct. While these requirements are somewhat complex, I believe an appropriate summary would be that seat belts and anchorages are required at all permanent seating positions including lateral or rearward positions, in all motor vehicles except trailers, motorcycles, and the passenger seats in buses.; Yours truly, Richard B. Dyson, Acting Chief Counsel

ID: aiam1677

Dear Mr. Winiarski: Your letter of October 8, 1974, to Mr. Bobby Boaz has been forwarded t this office for reply. You appear to be interested in obtaining some general statements regarding the applicability of motor vehicle safety standards to different types of motor vehicles.; We attempt to apply each Federal motor vehicle safety standard to a wide range of motor vehicles and motor vehicle equipment as is reasonable, practicable and appropriate. It is not entirely accurate, however, to say that the standards apply to the performance of equipment which vehicles are required to have. The standards are divided conceptually into three types: those which apply to new vehicles, those which apply to motor vehicle equipment (*e.g.* tires, child seats, etc.) and those which apply to both vehicles and equipment. In case of a standard which applies to vehicles, the tests employed by the standard can take into account vehicle structure, weight, and design. In other words it is the method by which equipment is integrated into a vehicle that is important, rather than the performance of equipment taken alone.; Standards which apply to vehicles specify the particular vehicle type to which they apply. Most early vehicle standards applied only to passenger cars. Since that time we have attempted to expand the applicability of some of these standards to other vehicle types. In each case, as I indicated above, a standard must be reasonable, practicable, and appropriate for the type of vehicle to which it is applied. In some cases, this is a matter of technology as you suggest. In other, however, the question may be one of safety need. For example, some standards do not apply to trailers (*e.g.*, Standard No. 302, 'Flammability of interior materials') or to equipment for use in trailers (No. 205. 'Glazing materials') because State laws prohibit people from riding in trailers. In this regard standards can also be directed at particular vehicle types to alleviate safety problems particular to them. A good example of this is Standard No. 217, 'Bus window retention and release.'; Your statements regarding seat belts and the applicability of Standard No. 208,209, and 210 are not correct. While these requirements are somewhat complex, I believe an appropriate summary would be that seat belts and anchorages are required at all permanent seating positions including lateral or rearward positions, in all motor vehicles except trailers, motorcycles, and the passenger seats in buses.; Yours truly, Richard B. Dyson, Acting Chief Counsel

ID: aiam4509

"Dear Mr. Brock: This is a response to your letter of last year seekin an interpretation of Standard 217, Bus Window Retention and Release (49 CFR 571.217). I apologize for the delay in this response. Specifically, you asked whether the front entrance door of a bus may be considered as an emergency exit under Standard 217. You stated that some of your company's buses have the front entrance door labeled as an emergency exit, and equipped with the emergency release mechanism required by Standard 217. You enclosed an August 28, 1987 letter from the New Jersey Department of Transportation referencing Federal Motor Carrier Safety Regulations that 'require...emergency exits (to) comply with' Standard 217. The letter from New Jersey states that a 'front entrance door cannot be considered (as an emergency exit) since the intent of the regulations is to provide emergency escape through push out windows and roof escape hatches.' You asked whether we interpret Standard 217 as precluding front entrance doors from also serving as emergency exits. The answer to your question is no. As long as the front door meets all applicable requirements for emergency exits under Standard 217, the door can be considered as an emergency exit. Contrary to the opinion stated in the New Jersey letter, it never has been this agency's position that only push-out window and roof exits may be used to satisfy Standard 217 requirements. (See 37 FR 9394, 9395, May 10, 1972, copy enclosed.) The question of whether a front entrance door may be a required emergency exit under Standard 217 depends upon (1) the vehicle's gross vehicle weight rating (GVWR), and (2) whether the vehicle is a school bus, or a bus other than a school bus. I will address each of the possibilities separately. Bus Other Than a School Bus, and With a GVWR of More Than 10,000 Lbs. A front entrance door can serve as a required emergency exit under Standard 217 in a bus that is not a school bus, and that has a GVWR of more than 10,000 pounds. For such buses, paragraphs S5.2.1 and S5.2.1.1 of Standard 217 generally require the bus to have 'side exits and at least one rear exit,' or 'one side door for each three passenger seating positions.' If the bus configuration precludes installing an accessible rear exit, then a manufacturer may install a roof exit under the conditions set out in S5.2.1. Bus Other Than a School Bus, and With a GVWR of 10,000 Lbs. or Less A front entrance door can also serve as a required emergency exit for buses other than school buses with a GVWR of 10,000 pounds or less. For these buses, the vehicle must have windows or other emergency exits that meet the requirements set out in paragraphs S5.2.2, or S5.3 through 5.5 of the Standard. If the vehicle's emergency exits are standard, roll-down windows, or the vehicle's entrance and exit doors, then these exits must meet the specifications of S5.2.2(b). Under that provision, the windows and doors must be manually operable, and must open to a position that provides a specified area for getting out. Note that under S5.5.1, these exits do not have to meet Standard 217 marking requirements. The agency has determined that people who are old enough to read instructions generally are familiar with the operation of standard, roll-down windows and doors, and that there is little justification for requiring emergency exit markings for these exits. (40 FR 17266, April 18, 1975.) If the vehicle's emergency exits are push-out windows or some other emergency exit, then the vehicle must comply with paragraphs S5.3 through S5.5. A manufacturer must label these exits under S5.5 because they are specially-installed emergency exits whose means of operation may not be obvious to the passengers. School Buses A front entrance door can not serve as a required emergency exit in a school bus, regardless of the vehicle's weight. Paragraph S5.2.3 of Standard 217 requires all school buses to have either (1) one rear emergency door, or (2) 'one emergency door on the vehicle's left side that is in the rear half of the bus passenger compartment and is hinged on its forward side, and one push-out window.' A manufacturer who chooses to meet school bus emergency exit requirements under the second option could not use the front entrance door as a required emergency exit under Standard 217, since that door would not be in the rear half of the passenger compartment. However, if a manufacturer chose to install an 'additional' emergency exit such as a front entrance door, NHTSA regulations would not prohibit installing this exit. As the agency long has held, any 'extra' emergency exit installed in a school bus must comply with Standard 217 provisions applicable to emergency exits in buses other than school buses. Please understand that this letter addresses only Standard 217, and does not address or interpret any Federal Motor Carrier regulations. If you have any questions about those regulations, you should contact the Federal Highway Administration. I hope you find this information helpful. If you have further questions, please contact Joan F. Tilghman of my staff, at (202) 366-2992. Sincerely, Erika Z. Jones Chief Counsel Enclosure";