ID: aiam4613

"Dear Ms. Turner: This responds to your letter requesting a interpretation of Standard No. 205, Glazing Materials (49 CFR 571.205). I apologize for the delay in this response. You were particularly interested in the marking requirements set forth in Standard No. 205. Before I address your specific questions, it might be helpful to provide some background information on the origin and purposes of those marking requirements. Different marking requirements apply depending upon whether your company is a 'prime glazing material manufacturer' or simply a manufacturer that cuts sections of glazing material to which Standard No. 205 applies. Section S6.1 of Standard No. 205 defines a 'prime glazing material manufacturer' as one who fabricates, laminates, or tempers the glazing material. Sections S6.1 through S6.3 of Standard No. 205 set forth marking requirements for prime glazing material manufacturers. Section S6.1 requires prime glazing material manufacturers to mark each item of glazing material in accordance with section 6 of American National Standard 'Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways,' Z-26.1-1977, January 26, 1977, as supplemented by Z26.1a, July 3, 1980 (ANS Z-26). One of the requirements of S6 of ANS Z-26 is that a manufacturer mark its glazing with its own 'distinctive designation or trademark.' Section S6.2 of Standard No. 205 requires prime glazing material manufacturers to mark each item of glazing material designed to be used in a specific vehicle with the symbol 'DOT' and a manufacturer code mark that is assigned by this agency. Section S6.3 requires prime glazing material manufacturers to certify compliance with Standard No. 205 for each piece of its glazing material to which Standard No. 205 applies that is designed to be cut into components for use in motor vehicles or items of motor vehicle equipment. Sections S6.4 and S6.5 of Standard No. 205 set forth marking requirements that apply to each manufacturer or distributor who cuts a section of glazing material to which Standard No. 205 applies for use in a motor vehicle or camper. Section S6.4 requires the manufacturer or distributor to mark that material in accordance with section 6 of ANS Z26. Section S6.5 requires the manufacturer or distributor to certify that its product complies with Standard No. 205. The purpose of these marking requirements is to help the agency identify the actual manufacturer of the glazing material for the purpose of defect and noncompliance recall campaigns. The difference in the marking requirements was designed to help the agency distinguish between glazing in a motor vehicle that had been manufactured by a prime glazing material manufacturer specifically for use in that vehicle and glazing that had been cut, shaped, or otherwise altered before installation. With this background, I will now address your specific questions. Your first question was whether the required markings must be located in any specified position on the glass, particularly the side door glass. No provision in either Standard No. 205 or ANS Z26 requires the manufacturer markings to appear in any specific position or area of the glazing. Hence, those required markings may appear anywhere on the glazing. Your second, third, and fourth questions were all concerned with the issue of whether the required markings must be visible after the glazing has been installed in a vehicle. The answer to this question is no. We first responded to this issue in an April 13, 1978 letter to Mr. Moe Pare, Jr. Mr. Pare had asked whether the certification markings required on glazing materials by Standard No. 205 must remain visible from the interior or exterior of a vehicle after installation. We replied that: 'There is nothing in the certification requirements of section S6 of Standard No. 205 that requires the markings to remain visible after installation on the vehicle.' I have enclosed a copy of our letter to Mr. Pare for your information. We elaborated on our interpretation of this issue in an August 31, 1984 letter to Mr. K. Yamada of Toyota Motor Corporation (copy enclosed). In that letter, we said: The certification requirements of section S6 of Standard 205 do not require the markings to remain visible after installation of the glazing on a vehicle. As long as the glazing manufacturer has certified and marked its glazing in accordance with the standard and as long as the markings are not removed by the vehicle manufacturer, there is no prohibition against covering the markings. Your fifth question asked about specifications for the height of the lettering, point size, and dimensions for the required markings on glazing. As noted above, section S6.1 of Standard No. 205 requires each prime glazing material manufacturer to mark glazing materials it manufactures in accordance with section 6 of ANS Z26. Section S6.4 of Standard No. 205 requires each manufacturer or distributor that cuts a section of glazing material for use in a motor vehicle or camper to mark the material in accordance with section 6 of ANS Z26. Section 6 of ANS Z26 states that: ... all safety glazing materials manufactured for use in accordance with this code shall be legibly and permanently marked in letters and numerals at least 0.070 inch (1.78 mm) in height, with the words 'American National Standard' or the characters AS, and, in addition, with a model number that will identify the type of construction of the glazing material. They shall also be marked with the manufacturer's distinctive designation or trademark. Footnote 27 in Section 6 of ANS Z26 reads: 'The model number shall be assigned by the manufacturer of the safety glazing material and shall be related by the manufacturer to a detailed description of a specific glazing material.' Your sixth and final question asked about the required content of the manufacturer certification and marking requirements for items of glazing. As noted above, the marking requirements for prime glazing material manufacturers are set forth in sections S6.1 through S6.3 of Standard No. 205. The marking requirements for manufacturers and distributors that cut a section of glazing material for use in a motor vehicle or camper are set forth in sections S6.4 and S6.5 of Standard No. 205. I hope this information is helpful. If you have any further questions or need any additional information about this topic, please feel free to contact Ms. Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992. Sincerely, Stephen P. Wood Acting Chief Counsel Enclosures";

ID: nht95-4.32

TYPE: INTERPRETATION-NHTSA

DATE: September 23, 1995

FROM: Margaret Fisher, MD -- Kaiser Permanente

TO: James J. Gregorio

TITLE: NONE

ATTACHMT: Attached to 11/7/95 letter from Samuel J. Dubbin to James J. Gregorio (VSA 108 (a)(2)(A); A43; Std. 207; Std. 208)

TEXT: I am writing to request authorization to modify the car seat in my 1992 Plymouth Acclaim in order to accomodate my physical handicap. Presently, my car is equipped with hand controls which alleviate a condition of chronic tendinitis in my right ankle. Unfortunately, there is practically no room between the hand controls and my knees. My knees constantly bang up against the hand controls. The resulting consequence is that I now have tendinitis in both knees. Modifying the car seat will allow me to pus h the seat back far enough to give space to my injured knees. Enclosed is a statement from my physician validating my medical condition. Should you have any questions, please feel free to call me at your convenience. Your prompt reply to this painful condition would be greatly appreciated. Thank you.

Attachment

September 22, 1995

To Whom It May Concern:

Mr. James Gregorio is under my care for tendinitis of the right ankle and both knees. Recovery could take up to several years.

Sincerely yours,

Margaret Fisher, MD Kaiser Permanente

ID: 7468-2

Ms. R. Marie McFadden
Cable Car Concepts Inc.
P.O. Box 6500
Deltona, FL 32728

Dear Ms. McFadden:

This responds to your June 23, 1992 letter requesting information on Federal regulations concerning safety belts and seating in vehicles manufactured by your company. These vehicles are the "Mini Trolley," the "Road Train," and the "Trolley Tram." You indicated that these vehicles can be used on the highway and are motorized, licensed vehicles.

I am pleased to have this opportunity to explain our regulations to you. Some background information on Federal motor vehicle safety laws and regulations may be helpful. Our agency is authorized, under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., Safety Act), to issue safety standards applicable to new motor vehicles and items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead, the Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The following represents our opinion based on the facts provided in your letter.

NHTSA's safety standards specify different requirements for different types of motor vehicles. Therefore, in order to answer your specific questions, it is necessary to determine how each of your vehicles is classified under our regulations. NHTSA defines a "bus" as "a motor vehicle with motive power, except a trailer, designed for carrying more than 10 persons." Your literature indicates that the "Mini Trolley" has a passenger capacity of 18, and that the power unit of the "Trolley Tram" has a passenger capacity of 22. Therefore, both of these vehicles would be considered a "bus" for the purpose of Federal regulations.

NHTSA defines a "truck" as "a motor vehicle with motive power, except a trailer, designed primarily for the transportation of property or special purpose equipment." The power unit of the "Road Train" has seating capacity for only one passenger, and the primary use appears to be to draw the coaches. Therefore, it appears that this vehicle is a "truck" for the purpose of Federal regulations.

NHTSA defines a "trailer" as "a motor vehicle with or without motive power, designed for carrying persons or property and for being drawn by another motor vehicle." The coaches for the "Road Train" and the "Trolley Tram" would be considered trailers for the purpose of Federal regulations.

Your specific questions and the answers to each follow. You asked us to answer these questions for vehicles manufactured both before and after September 1, 1991.

1. Our small unit has a GVW of 12,300, we understand that we need seat belts for the driver only, this small unit is an eighteen passenger. Our largest is a thirty-two passenger unit with a GVW of 17,000 lbs.

The safety belt installation requirements are set forth in Standard No. 208, Occupant Crash Protection. This standard specifies requirements based on vehicle type and seating position within the vehicle. Different requirements also apply depending on the GVWR of the vehicle. The discussion which follows is limited to vehicles with a GVWR greater than 10,000 pounds.

As explained below, buses such as the "Mini Trolley" and the power unit of the "Trolley Tram" are required to have, at a minimum, a lap belt at the driver's position; trucks such as the power unit of the "Road Train" are required to have, at a minimum, a lap belt at every designated seating position; and trailers such as the coaches for the "Road Train" and the "Trolley Tram" are not required to have any type of safety belt at any seating position.

The requirements for buses with a GVWR of more than 10,000 pounds are contained in S4.4 of Standard No. 208. Section S4.4.1 gives vehicle manufacturers a choice of two options for providing occupant crash protection in buses manufactured on or after January 1, 1972 and before September 1, 1990. Option 1, set forth in S4.4.1.1, requires vehicle manufacturers to provide an automatic protection system at the driver's seating position that meets the frontal and lateral crash protection and rollover requirements. Option 2, set forth in S4.4.1.2 requires vehicle manufacturers to install a lap or lap/shoulder belt at the driver's seating position. Buses manufactured on or after September 1, 1990 are allowed the same two options, however, S4.4.2.2 specifies that, if a manufacturer chooses to comply with Option 2, the lap belt or pelvic portion of the lap/shoulder belt must have either an emergency locking retractor (ELR) or an automatic locking retractor (ALR).

The requirements for trucks with a GVWR of 10,000 pounds or more are contained in section S4.3 of Standard No. 208. Section 4.3.1 gives vehicle manufacturers a choice of two options for providing occupant crash protection in trucks manufactured on or after January 1, 1972 and before September 1, 1990. Option 1, set forth in S4.3.1.1, requires vehicle manufacturers to provide an automatic protection system at all seating positions that meets the frontal and lateral crash protection and rollover requirements. Option 2, set forth in S4.3.1.2 requires vehicle manufacturers to install lap or lap/shoulder belts at every seating position. Trucks manufactured on or after September 1, 1990 are allowed the same two options, however, S4.3.2 specifies that, if a manufacturer chooses to comply with Option 2, the lap belt or pelvic portion of a lap/shoulder belt must have either an ELR or an ALR.

Standard No. 208 does not apply to trailers. Therefore, the coaches for the "Road Train" and the "Trolley Tram" are not required to have safety belts.

2. As you can see on our Tram specs we do have oak seats, is there a ruling on this at all.

The seating requirements are contained in Standard No. 207, Seating Systems. This standard includes strength requirements for all "occupant seats" in passenger cars, multipurpose passenger vehicles, and trucks, and for the driver's seats in buses, except that the requirements do not apply to side-facing seats. Therefore, the driver's seat in the "Mini Trolley" and the power unit of the "Trolley Tram," and all "occupant seats" in the power unit of the "Road Train" must meet the requirements of Standard No. 207. The standard does not specify that seats must be made of a particular material; therefore, oak seats are permitted if they comply with the standard.

As with Standard No. 208, Standard No. 207 does not apply to trailers. Therefore, the seats in the coaches for the "Road Train" and the "Trolley Tram" are not subject to the requirements of Standard No. 207.

We have one seat on some of our vehicles that we refer to as a jump seat it is located in front of the entrance door, this seats two people and faces the driver. Would the same ruling apply to this seat as for the other passenger seats.

As stated above, Standard No. 207 applies only to the driver's seat in buses such as the "Mini Trolley" or the power unit of the "Trolley Tram." If the jump seat is in the power unit of the "Road Train," and if it is not a side- facing seat, it must meet the requirements of Standard No. 207 if it is an "occupant seat" as defined in that standard.

Section S3 of Standard No. 207 defines an "occupant seat" as "a seat that provides at least one designated seating position." A "designated seating position" is defined at 49 CFR 571.3 as

any plain view location capable of accommodating a person at least as large as a 5th percentile adult female, if the overall seat configuration and 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.

Your letter does not contain enough information to determine whether your seat would be considered an auxiliary seating position. If it is, it is not subject to Standard No. 207.

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 d:8/20/92

ID: 7468

Ms. R. Marie McFadden
Cable Car Concepts Inc.
P.O. Box 6500
Deltona, FL 32728

Dear Ms. McFadden:

This responds to your June 23, 1992 letter requesting information on Federal regulations concerning safety belts and seating in vehicles manufactured by your company. These vehicles are the "Mini Trolley," the "Road Train," and the "Trolley Tram." You indicated that these vehicles can be used on the highway and are motorized, licensed vehicles.

I am pleased to have this opportunity to explain our regulations to you. Some background information on Federal motor vehicle safety laws and regulations may be helpful. Our agency is authorized, under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., Safety Act), to issue safety standards applicable to new motor vehicles and items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead, the Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The following represents our opinion based on the facts provided in your letter.

NHTSA's safety standards specify different requirements for different types of motor vehicles. Therefore, in order to answer your specific questions, it is necessary to determine how each of your vehicles is classified under our regulations. NHTSA defines a "bus" as "a motor vehicle with motive power, except a trailer, designed for carrying more than 10 persons." Your literature indicates that the "Mini Trolley" has a passenger capacity of 18, and that the power unit of the "Trolley Tram" has a passenger capacity of 22. Therefore, both of these vehicles would be considered a "bus" for the purpose of Federal regulations.

NHTSA defines a "truck" as "a motor vehicle with motive power, except a trailer, designed primarily for the transportation of property or special purpose equipment." The power unit of the "Road Train" has seating capacity for only one passenger, and the primary use appears to be to draw the coaches. Therefore, it appears that this vehicle is a "truck" for the purpose of Federal regulations.

NHTSA defines a "trailer" as "a motor vehicle with or without motive power, designed for carrying persons or property and for being drawn by another motor vehicle." The coaches for the "Road Train" and the "Trolley Tram" would be considered trailers for the purpose of Federal regulations.

Your specific questions and the answers to each follow. You asked us to answer these questions for vehicles manufactured both before and after September 1, 1991.

1. Our small unit has a GVW of 12,300, we understand that we need seat belts for the driver only, this small unit is an eighteen passenger. Our largest is a thirty-two passenger unit with a GVW of 17,000 lbs.

The safety belt installation requirements are set forth in Standard No. 208, Occupant Crash Protection. This standard specifies requirements based on vehicle type and seating position within the vehicle. Different requirements also apply depending on the GVWR of the vehicle. The discussion which follows is limited to vehicles with a GVWR greater than 10,000 pounds.

As explained below, buses such as the "Mini Trolley" and the power unit of the "Trolley Tram" are required to have, at a minimum, a lap belt at the driver's position; trucks such as the power unit of the "Road Train" are required to have, at a minimum, a lap belt at every designated seating position; and trailers such as the coaches for the "Road Train" and the "Trolley Tram" are not required to have any type of safety belt at any seating position.

The requirements for buses with a GVWR of more than 10,000 pounds are contained in S4.4 of Standard No. 208. Section S4.4.1 gives vehicle manufacturers a choice of two options for providing occupant crash protection in buses manufactured on or after January 1, 1972 and before September 1, 1990. Option 1, set forth in S4.4.1.1, requires vehicle manufacturers to provide an automatic protection system at the driver's seating position that meets the frontal and lateral crash protection and rollover requirements. Option 2, set forth in S4.4.1.2 requires vehicle manufacturers to install a lap or lap/shoulder belt at the driver's seating position. Buses manufactured on or after September 1, 1990 are allowed the same two options, however, S4.4.2.2 specifies that, if a manufacturer chooses to comply with Option 2, the lap belt or pelvic portion of the lap/shoulder belt must have either an emergency locking retractor (ELR) or an automatic locking retractor (ALR).

The requirements for trucks with a GVWR of 10,000 pounds or more are contained in section S4.3 of Standard No. 208. Section 4.3.1 gives vehicle manufacturers a choice of two options for providing occupant crash protection in trucks manufactured on or after January 1, 1972 and before September 1, 1990. Option 1, set forth in S4.3.1.1, requires vehicle manufacturers to provide an automatic protection system at all seating positions that meets the frontal and lateral crash protection and rollover requirements. Option 2, set forth in S4.3.1.2 requires vehicle manufacturers to install lap or lap/shoulder belts at every seating position. Trucks manufactured on or after September 1, 1990 are allowed the same two options, however, S4.3.2 specifies that, if a manufacturer chooses to comply with Option 2, the lap belt or pelvic portion of a lap/shoulder belt must have either an ELR or an ALR.

Standard No. 208 does not apply to trailers. Therefore, the coaches for the "Road Train" and the "Trolley Tram" are not required to have safety belts.

2. As you can see on our Tram specs we do have oak seats, is there a ruling on this at all.

The seating requirements are contained in Standard No. 207, Seating Systems. This standard includes strength requirements for all "occupant seats" in passenger cars, multipurpose passenger vehicles, and trucks, and for the driver's seats in buses, except that the requirements do not apply to side-facing seats. Therefore, the driver's seat in the "Mini Trolley" and the power unit of the "Trolley Tram," and all "occupant seats" in the power unit of the "Road Train" must meet the requirements of Standard No. 207. The standard does not specify that seats must be made of a particular material; therefore, oak seats are permitted if they comply with the standard.

As with Standard No. 208, Standard No. 207 does not apply to trailers. Therefore, the seats in the coaches for the "Road Train" and the "Trolley Tram" are not subject to the requirements of Standard No. 207.

We have one seat on some of our vehicles that we refer to as a jump seat it is located in front of the entrance door, this seats two people and faces the driver. Would the same ruling apply to this seat as for the other passenger seats.

As stated above, Standard No. 207 applies only to the driver's seat in buses such as the "Mini Trolley" or the power unit of the "Trolley Tram." If the jump seat is in the power unit of the "Road Train," and if it is not a side- facing seat, it must meet the requirements of Standard No. 207 if it is an "occupant seat" as defined in that standard.

Section S3 of Standard No. 207 defines an "occupant seat" as "a seat that provides at least one designated seating position." A "designated seating position" is defined at 49 CFR 571.3 as

any plain view location capable of accommodating a person at least as large as a 5th percentile adult female, if the overall seat configuration and 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.

Your letter does not contain enough information to determine whether your seat would be considered an auxiliary seating position. If it is, it is not subject to Standard No. 207.

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 d:8/20/92

ID: ToyotaLSA_cmcv2

Chris Tinto, Director, Technical & Regulatory Affairs
Toyota Motor North America, Inc.
1850 M Street, NW Suite 600
Washington, DC 20036

Dear Mr. Tinto:

This responds to your request for an interpretation regarding the proper positioning of a leg support system during a crash test specified in Federal Motor Vehicle Safety Standard (FMVSS) No. 208, Occupant crash protection. As explained below, Toyota is correct in its understanding that the leg support system described in your letter is to be adjusted as an "other seat adjustment" under FMVSS No. 208.

On May 12, 2000, the National Highway Traffic Safety Administration (NHTSA) published a final rule in the Federal Register requiring advanced air bags in all passenger cars, multi-purpose vehicles, light trucks and buses with a gross vehicle weight rating (GVWR) of 8,500 lb or less (65 FR 30680; Advanced air bag rule). That final rule established new, advanced air bag performance requirements to minimize the risk of injury to children, as well as new requirements to enhance the protection of small and mid-size adults. The advanced air bag rule established a rigid barrier dynamic crash test using a 5^th percentile adult female test dummy. Since the advanced air bag rule was established, the agency has amended FMVSS No. 208 on several occasions, in part to provide clearer and more objective test procedures for use of the 5^th percentile adult female in testing.

In your letter, you explained that the Toyota Motor Corporation (Toyota) has developed a "leg support adjustment system (LSA)," which extends the forward edge of a seat cushion to provide additional support to the thighs of taller occupants. As further described in a conversation between Mr. Chris Calamita of my staff and Ms. Christina Mullen of Toyota, the system extends the front trim of the seat by mechanical means. As additionally explained in your letter, the LSA is engaged by an occupant through an adjustment switch on the side of a seat. Your letter then asked if the LSA would be adjusted according to S16.2.10.2, Other seat adjustments, under the FMVSS No. 208 test procedure for the rigid barrier 5^th percentile female crash test.

S16.2.10 of FMVSS No. 208 provides the specifications for the driver and passenger seat set-up conditions for the rigid barrier 5^th percentile female crash test. S16.2.10.1, Lumbar support adjustment, specifies the proper position for lumbar support adjustments. S16.2.10.2 specifies the proper positioning of seat adjustments that provide additional support, other than a lumbar support adjustment. As originally adopted in the advanced air bag rule, this provision specifically referred to seat cushion and seat back side bolster adjustments.

In response to the advanced air bag rule, a manufacturer asked what would be required for vehicles with seat cushions that could be lengthened or shortened. In response, the agency amended the seat positioning procedure to specify the position for adjustable seat parts that provide the occupant additional support (66 FR 65376; December 18, 2001). The December 2001 final rule amended S16.2.10.2 to read:

Other seat adjustments. Position any adjustable parts of the seat that provide additional support so that they are in the lowest or most open adjustment position.

The LSA, as described in your letter, performs the same type of function as the seat cushion which gave rise to the amended S16.2.10.2. Therefore, that section specifies the position of the LSA.

Based on the diagrams you provided, it appears that the forwardmost edge of the seat cushion is higher in relation to the floor pan when the LSA is extended as opposed to when the LSA is fully retracted. S16.2.10.2 specifies that a vehicle equipped with an LSA would be tested with the LSA in the lowest position. Therefore, if we were to test a vehicle equipped with a LSA, we would place the LSA in its shortest and lowest position.

I hope you find this helpful. If you have any additional questions please contact Mr. Calamita at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:208
d.8/27/04

ID: Conawaylockingmechanism

Mr. Brian Conaway
New Product Works
1827 King Avenue
Columbus, OH 43212





Dear Mr. Conaway:

This responds to your letter of March 8, 2001, asking about a device you have developed which, you believe, should be considered a "child restraint system" under Safety Standard No. 213 (49 CFR 571.213). On April 26, 2001, at your request, you met with National Highway Traffic Safety Administration (NHTSA) representatives Zack Frazer, Michael Huntley, Gaston August, and Dion Casey and Deirdre Fujita of my staff, to show your product and explain why you believe its function is comparable to a child restraint system (more specifically, to a booster seat). We will respond in this letter to questions you asked in your letter and at the meeting.

According to your letter, your product, which you call "the Hip Hugger," is a small plastic device that attaches to Type II seat belts. ⁽¹⁾ You believe that the device is unlike currently available seat belt adjusters because it: (1) positions the shoulder belt, but does so "independent of the lap belt"; (2) does "position the child on the seating surface for optimum protection"; and (3) "positively positions & [sic] holds the type II lap belt in the optimum pelvic location below the iliac crests." You explained in the April 26^th meeting that one part of the product performs similarly to a device called a "locking clip" used to secure some child restraint systems. A locking clip is a bracket into which the webbing of a Type II seat belt is threaded. A locking clip typically prevents movement of the latchplate and the webbing of the lap and/or shoulder belt. Your product is not used with child restraints, but acts similarly to a locking clip by "locking" the lap belt portion of the Type II belt over the child's lap. You would instruct parents to lock the lap belt tight enough over the child such that the child will not be able to slouch or scoot forward, even to bend his or her knees at the vehicle seat cushion's edge. Attached to the locking device is a plastic guide through which the shoulder belt portion of a Type II belt is threaded. The guide positions the shoulder belt "so that it does not ride across the neck of the child." You intend to sell the product for use with older children and small adults.

As explained below, we have carefully considered your suggested interpretation that your product is a child restraint system and regret to inform you that we cannot agree with it.

By way of background information, 49 U.S.C. Chapter 301 ("the Safety Act") authorizes the National Highway Traffic Safety Administration (NHTSA) to issue safety standards applicable to new motor vehicles and items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment; nor do we endorse any commercial products. Instead, the Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards.

There is currently no Federal motor vehicle safety standard that would apply to the Hip Hugger. We do have a standard (Standard No. 209, "Seat Belt Assemblies," 49 CFR 571.209) that sets forth requirements for new seat belt assemblies. However, since the Hip Hugger would not be installed as part of a new seat belt assembly, the standard would not apply.

Is the Hip Hugger a Child Restraint System?

You ask in your letter whether your product is a "child restraint system." The answer is no. Federal Motor Vehicle Safety Standard No. 213 (49 CFR 571.213) regulates child restraint systems. In S4 of the standard, we define a "child restraint system" as "any device except Type I or Type II seat belts, designed for use in a motor vehicle or aircraft to restrain, seat, or position children who weigh 50 pounds or less." The Hip Hugger positions a seat belt on children and small adults; it does not restrain, seat, or position children. We do not consider the Hip Hugger to position children in a manner that a booster seat positions children to better use a vehicle's belt system. The Hip Hugger simply locks the belt. The device alone cannot place or arrange the location of a child on a vehicle seat.

Is the Hip Hugger a Seat Belt Positioner?

You also ask whether your product is a seat belt positioner. At this time, NHTSA does not have a standard or regulation for "seat belt positioners." However, in a notice of proposed rulemaking (NPRM) published in the Federal Register August 13, 1999 (64 FR 44164)(copy enclosed), we proposed to adopt a consumer information regulation for seat belt positioners. In the NPRM, we proposed to define "seat belt positioner" as "a device, other than a belt-positioning seat, that is manufactured to alter the positioning of Type I and/or Type II belt systems in motor vehicles." Among other things, the NPRM proposed to require the devices to be labeled as not suitable for children of a certain age, e.g., under 6 years old, or a certain height.

It appears that the Hip Hugger would be considered a seat belt positioner under the proposed definition. The Hip Hugger is not a belt-positioning seat, and it is used to alter the positioning of Type II belt systems. Assuming we issue a final rule adopting a consumer information regulation, the rule's definition of "seat belt positioner" could be the same as the definition of the NPRM or a logical outgrowth of the proposed definition. We anticipate issuing a final decision on the NPRM in the near future.

Is the Hip Hugger a Device Other Than a Seat Belt Positioner?

In the April 26^th meeting, you stated that the plastic guide that positions the shoulder belt portion of a Type II belt could be removed, and asked whether the Hip Hugger would be considered a seat belt positioner without it under the proposed definition. Since the proposed definition may change, we believe your question would best be answered in the context of the agency's final rulemaking decision. We will place copies of your letter and this response in the docket for the NPRM.

Other Considerations and Requirements

Your product is considered to be an item of motor vehicle equipment. Even though, currently, no Federal motor vehicle safety standard or regulation applies to the Hip Hugger, as a manufacturer of motor vehicle equipment, you are subject to the requirements of 49 U.S.C. 30118-30121 concerning the recall and remedy of products with safety-related defects. I have enclosed an information sheet that briefly describes those and other manufacturer responsibilities. In the event you or NHTSA determines that your product contains a safety-related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

In addition, manufacturers, distributors, dealers, and motor vehicle repair businesses are subject to 49 U.S.C. 30122, which prohibits them from installing the device if the installation "makes inoperative" compliance with any safety standard. It appears unlikely from the nature of the Hip Hugger that it would be placed in vehicles by commercial businesses instead of consumers. However, if the Hip Hugger were to be installed by persons in those categories, they must ensure that its installation does not compromise the safety protection provided by the vehicle belt system. The prohibition of 30122 does not apply to the actions of vehicle owners in adding to or otherwise modifying their vehicles or items of motor vehicle equipment.

Before closing, I would like to raise the following issues about your product. Our safety standards require specific levels of performance for a vehicle's seat belt system. Safety Standard No. 208 has requirements that increase the comfort and convenience of a vehicle's lap and shoulder belt system, to better ensure that seat belts are used. NHTSA found that people disliked when belts became too tight after they were worn for several minutes and their users moved around, and that the discomfort resulted in the belts not being used. For this and other reasons, NHTSA restricted the use of automatic locking retractors on seat belts (46 FR 2064, January 8, 1981). Like an automatic locking retractor, the Hip Hugger causes the lap belt to be tight on the child's hips and prevents the belt from moving when the child wants to shift in his or her seat. We believe that some children could find the belt uncomfortable when restricted in that way, which could have a bearing on their desire to use the belt.

In addition, Standard No. 208 also has requirements for belts to automatically lock and retract. Your device attaches to the belt system, and will stay in place until the consumer removes it. Since it attaches to the belt system, the Hip Hugger would affect the ability of the system to protect an adult occupant, or a child other than the child for whom the locking mechanism is adjusted. We suggest that you provide clear instructions to the consumer to remove the device from the belt webbing when the belt system is used with an adult, and that there is a need to readjust the device for each child passenger using the belt system.

In closing, my colleagues and staff wish to thank you for visiting with us to show us your product. Please contact us if you have any further questions.

Sincerely,

John Womack
Acting Chief Counsel

Enclosures
ref:209#213
d.6/1/01

---

1. Standard No. 209 defines a Type I seat belt as "a lap belt for pelvic restraint," and a Type II seat belt as "a combination of pelvic and upper torso restraints."

ID: nht92-4.30

DATE: August 20, 1992

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: R. Marie McFadden -- Cable Car Concepts Inc.

TITLE: None

ATTACHMT: Attached to letter dated 6/23/92 from R. Marie McFadden to Paul J. Rice (OCC 7468)

TEXT:

This responds to your June 23, 1992 letter requesting information on Federal regulations concerning safety belts and seating in vehicles manufactured by your company. These vehicles are the "Mini Trolley," the "Road Train," and the "Trolley Tram." You indicated that these vehicles can be used on the highway and are motorized, licensed vehicles.

I am pleased to have this opportunity to explain our regulations to you. Some background information on Federal motor vehicle safety laws and regulations may be helpful. Our agency is authorized, under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et sec., Safety Act), to issue safety standards applicable to new motor vehicles and items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead, the Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The following represents our opinion based on the facts provided in your letter.

NHTSA's safety standards specify different requirements for different types of motor vehicles. Therefore, in order to answer your specific questions, it is necessary to determine how each of your vehicles is classified under our regulations. NHTSA defines a "bus" as "a motor vehicle with motive power, except a trailer, designed for carrying more than 10 persons." Your literature indicates that the "Mini Trolley" has a passenger capacity of 18, and that the power unit of the "Trolley Tram" has a passenger capacity of 22. Therefore, both of these vehicles would be considered a "bus" for the purpose of Federal regulations.

NHTSA defines a "truck" as "a motor vehicle with motive power, except a trailer, designed primarily for the transportation of property or special purpose equipment."

The power unit of the "Road Train" has seating capacity for only one passenger, and the primary use appears to be to draw the coaches. Therefore, it appears that this vehicle is a "truck" for the purpose of Federal regulations.

NHTSA defines a "trailer" as "a motor vehicle with or without motive power, designed for carrying persons or property and for being drawn by another motor vehicle." The coaches for the "Road Train" and the "Trolley Tram" would be considered trailers for the purpose of Federal regulations.

Your specific questions and the answers to each follow. You asked us to answer these questions for vehicles manufactured both before and after September 1,

1991.

1. Our small unit has a GVW of 12,300, we understand that we need seat belts for the driver only, this small unit is an eighteen passenger. Our largest is a thirty-two passenger unit with a GVW of 17,000 lbs.

The safety belt installation requirements are set forth in Standard No. 208, Occupant Crash Protection. This standard specifies requirements based on vehicle type and seating position within the vehicle. Different requirements also apply depending on the GVWR of the vehicle. The discussion which follows is limited to vehicles with a GVWR greater than 10,000 pounds.

As explained below, buses such as the "Mini Trolley" and the power unit of the "Trolley Tram" are required to have, at a minimum, a lap belt at the driver's position; trucks such as the power unit of the "Road Train" are required to have, at a minimum, a lap belt at every designated seating position; and trailers such as the coaches for the "Road Train" and the "Trolley Tram" are not required to have any type of safety belt at any seating position.

The requirements for buses with a GVWR of more than 10,000 pounds are contained in S4.4 of Standard No. 208. Section S4.4.1 gives vehicle manufacturers a choice of two options for providing occupant crash protection in buses manufactured on or after January 1, 1972 and before September 1, 1990. Option 1, set forth in S4.4.1.1, requires vehicle manufacturers to provide an automatic protection system at the driver's seating position that meets the frontal and lateral crash protection and rollover requirements. Option 2, set forth in S4.4.1.2 requires vehicle manufacturers to install a lap or lap/shoulder belt at the driver's seating position. Buses manufactured on or after September 1, 1990 are allowed the same two options, however, S4.4.2.2 specifies that, if a manufacturer chooses to comply with Option 2, the lap belt or pelvic portion of the lap/shoulder belt must have either an emergency locking retractor (ELR) or an automatic locking retractor (ALR).

The requirements for trucks with a GVWR of 10,000 pounds or more are contained in section S4.3 of Standard No. 208. Section 4.3.1 gives vehicle manufacturers a choice of two options for providing occupant crash protection in trucks manufactured on or after January 1, 1972 and before September 1, 1990. Option 1, set forth in S4.3.1.1, requires vehicle manufacturers to provide an automatic protection system at all seating positions that meets the frontal and lateral crash protection and rollover requirements. Option 2, set forth in S4.3.1.2 requires vehicle manufacturers to install lap or lap/shoulder belts at every seating position. Trucks manufactured on or after September 1, 1990 are allowed the same two options, however, S4.3.2 specifies that, if a manufacturer chooses to comply with Option 2, the lap belt or pelvic portion of a lap/shoulder belt must have either an ELR or an ALR.

Standard No. 208 does not apply to trailers. Therefore, the coaches for the "Road Train" and the "Trolley Tram" are not required to have safety belts.

2. As you can see on our Tram specs we do have oak seats, is there a ruling on this at all.

The seating requirements are contained in Standard No. 207, Seating Systems. This standard includes strength requirements for all "occupant seats" in passenger cars, multipurpose passenger vehicles, and trucks, and for the driver's seats in buses, except that the requirements do not apply to side-facing seats. Therefore, the driver's seat in the "Mini Trolley" and the power unit of the "Trolley Tram," and all "occupant seats" in the power unit of the "Road Train" must meet the requirements of Standard No. 207. The standard does not specify that seats must be made of a particular material; therefore, oak seats are permitted if they comply with the standard.

As with Standard No. 208, Standard No. 207 does not apply to trailers. Therefore, the seats in the coaches for the "Road Train" and the "Trolley Tram" are not subject to the requirements of Standard No. 207.

We have one seat on some of our vehicles that we refer to as a jump seat it is located in front of the entrance door, this seats two people and faces the driver. Would the same ruling apply to this seat as for the other passenger seats.

As stated above, Standard No. 207 applies only to the driver's seat in buses such as the "Mini Trolley" or the power unit of the "Trolley Tram." If the jump seat is in the power unit of the "Road Train," and if it is not a side-facing seat, it must meet the requirements of Standard No. 207 if it is an "occupant seat" as defined in that standard.

Section S3 of Standard No. 207 defines an "occupant seat" as "a seat that provides at least one designated seating position." A "designated seating position" is defined at 49 CFR S571.3 as

any plain view location capable of accommodating a person at least as large as a 5th percentile adult female, if the overall seat configuration and 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.

Your letter does not contain enough information to determine whether your seat would be considered an auxiliary seating position. If it is, it is not subject to Standard No. 207.

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: nht87-3.49

TYPE: INTERPRETATION-NHTSA

DATE: 12/18/87

FROM: LACY H. THORNBURG -- ATTORNEY GENERAL; MABEL Y. BULLOCK -- ASSISTANT ATTORNEY GENERAL NORTH CAROLINA DEPARTMENT OF JUSTICE

TO: WILLIAM S. HIATT -- COMMISSIONER OF MOTOR VEHICLES

TITLE: MOTOR VEHICLES; REGULATIONS OF DARK-SHADED WINDOWS; PREEMPTION

ATTACHMT: ATTACHED TO LETTER DATED 04/13/89 FROM ERIKA Z. JONES -- NHTSA TO MABEL Y. BULLOCK, REDBOOK A33, STANDARD 205, VSA 103 (D), VSA SECTION 108 (A) (2) (A); LETTER FROM MABEL Y. BULLOCK AND LACY H. THORNBURG TO SUSAN SCHRUTH -- NHTSA RE WINDOW TINT ING, FEDERAL PRE-EMPTION OF STATE REGULATIONS, OCC 2142; NORTH CAROLINA STATUTE REGULATING WINDOW TINTING; LETTER DATED 05/06/88 FROM DAIRL BRAGG TO WILLIAM S. HIATT; LETTER DATED 10/28/82 FROM FRANK BERNDT -- NHTSA TO LAWRENCE T. HIROHATA, NOA-30; LETTE R DATED 04/04/85 FROM JEFFREY R. MILLER TO ARMOND CARDARELLI; REGULATIONS DATED 07/01/85 EST, FEDERAL AUTO SAFETY LAWS AND MOTOR VEHICLE WINDOW TINTING

TEXT: Question: Would a State statute or regulation allowing 35% light transmittance through windows in motor vehicles be preempted by current federal safety laws and standards regulating this same subject matter?

Conclusion: Yes.

The National Traffic and Motor Vehicles Safety Act of 1966 authorized the National Highway Traffic Safety Administration (HTSA) to issue Federal Motor Vehicle Safety Standards for new motor vehicles and items of motor vehicle equipment. "Motor vehicle e quipment" is defined in the Act, 15 USCS @ 1391(4) as:

"(4) 'Motor vehicle equipment' means any system, part, or component of a motor vehicle as originally manufactured or any similar part or component manufactured or sold for replacement or improvement of such system, part, or component or as any accesso ry, or addition to the motor vehicle, and any device, article, or apparel not a system, part, or component of a motor vehicle (other than medicines, or eyeglasses prescribed by a physician or other duly licensed practitioner), which is manufactured, sold , delivered, offered, or intended for use exclusively to safeguard motor vehicles, drivers, passengers, and other highway users from risk of accident, injury, or death."

Safety Standard No. 205, "Glazing Material", sets performance requirements for glazing materials in in new motor vehicles and those sold as replacement equipment. Standard No. 205 requires that glazing materials for use in motor vehicles conform to the American national Standard "Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways" (ANSZ26). This standard requires specific amounts of light transmittance and abrasion resistance.

Standard No. 205 requires 70% light transmittance in all windows in passenger vehicles. Multipurpose passenger vehicles, motor homes, and trucks are required to have 70% light transmittance in the windshield and windows to the immediate right and left o f the driver and the rearmost windows if used for driving visibility.

15 USCS @ 139.7(a)(2)(A) provides as follows:

"(2)(A) No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance wi th an applicable Federal motor vehicle safety standard, unless such manufacturer, distributor, dealer, or repair business reasonably believes that such vehicle or item of equipment will not be used (other than for testing or similar purposes in the cours e of maintenance or repair) during the time such device or element of design is rendered inoperative. For purposes of this paragraph, the term 'motor vehicle repair business' means any person who holds himself out to the public as in the business of rep airing motor vehicles or motor vehicle equipment for compensation."

Whoever violates this section is subject to a civil penalty of up to $ 1,000 for each such violation. The combination of tinting film and glazing must be at least 70% light transmittance in windows requisite for driving visibility.

15 USCS @ 1392(d) provides as follows:

"Whenever a Federal motor vehicle safety standard established under this title is in effect, no State or political subdivision of a State shall have any authority either to establish, or to continue in effect, with respect to any motor vehicle or item of motor vehicle equipment any safety standard applicable to the same aspect of performance of such vehicle or item of equipment which is not identical to the federal standard. Nothing in this section shall be construed to prevent the Federal Governmen t or the government of any State or political subdivision thereof from establishing a safety requirement applicable to motor vehicles or motor vehicle equipment procured for its own use if such requirement imposes a higher standard of performance than th at required to comply with the otherwise applicable Federal standard."

Congress may preempt State law by so stating in express terms. California Federal S.& L. Assn. v. Guerra, 93 L Ed 2d 613. Therefore, a State statute or regulation allowing 35% light transmittance through windows in motor vehicles would conflict with St andard No. 205 which requires 70% light transmittance in windows requisite for driving visibility and would be preempted by the federal law. 15 USCS @ 1392(d).

ID: aiam1609

Dear Mr. Shebiel: This is in reply to your letter of August 19, 1974, which refers to ou letter of July 17, 1974, to the Distributors' Association regarding the use of the incomplete vehicle manufacturer's gross vehicle weight rating by a final- stage manufacturer who adds an additional axle to the vehicle. Our position in that letter was that a gross vehicle weight rating which was so unrelated to vehicle capacity that it suggests a motive such as avoidance of an applicable standard could be construed as a false and misleading certification or a potential safety related defect. You point out that this result works a hardship on persons who customarily add axles because they are unable to determine an appropriate gross vehicle weight rating to use for Certification purposes.; The NHTSA's concern, and indeed the thrust of the Certificatio requirements, is that vehicles as manufactured will conform to all applicable safety standards when carrying expected loads. However, we are not unmindful, and do not wish to give the impression of ignoring, practical problems connected with compliance with the requirements. Our hope is that the industries involved could collectively resolve their mutual problems, preferable without, but possible with, assistance from Government regulation. We would certainly consider any concrete proposals for amending the regulations applicable to incomplete and intermediate vehicle manufacturers to resolve this problem, as long as such proposals do not abrogate the primary purposes of the requirements. The use of the incomplete vehicle manufacturer's weight ratings is not satisfactory in this respect. We would welcome any future communications you or the various associations might have with respect to possible solutions to this problem, and will be happy to meet with you at your request.; Yours truly, Richard B. Dyson, Acting Chief Counsel

ID: nht87-1.92

TYPE: INTERPRETATION-NHTSA

DATE: 06/04/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Ms. Robin Bender Stevens

TITLE: FMVSS INTERPRETATION

TEXT:

Ms. Robin Bender Stevens Health Policy and Planning Consultant ECRI 5200 Butler Pike Plymouth Meeting, PA 19462

Dear Ms. Stevens:

Thank you for your letter of March 26, 1987, asking several questions about how our regulations on safety belts would apply to side and rear-facing seats in emergency medical vehicles. I hope the following discussion answers your questions.

You explained in your letter that most emergency medical vehicles have a rear-facing seat that is typically located behind the driver's seat. The photographs you bent with your letter show that in one or the the vehicle designs you photographed, the rear -facing seat appears to be a typical vehicle seat, referred to as a "captain's chair," often used in a van-type vehicle. In the other emergency vehicle design shown in your photographs, there is a rearward-facing, bench-type seat with a padded seat pan a nd back installed directly behind the driver.

You further explained that, depending on the number of stretchers the vehicle is designed to carry, there may be another seating area in the vehicle. In single-stretcher vehicles, there is a squad bench, which your photographs show is a set of storage co mpartments with a padded top, located next to the stretcher. You explained that emergency personnel may bit on the squad bench to attend the the patient while the vehicle is in motion. You further explained that personnel in dual-stretcher vehicles sit o n the empty stretcher to attend to the patient. You said that use of a safety belt in those positions is too restrictive to allow emergency personnel to provide acute care to patients during transport.

Standard No. 208 Occupant Crash Protection, sets requirements for the installation of occupant restraints in motor vehicles. The emergency medical vehicles shown in your photographs would be classified as multipurpose publisher vehicles under our regulat ions since they are designed to carry 10 or fewer persons and are built on a truck chassis. Standard No. 208 requires manufacturer of new multipurpose passenger vehicles to install a safety belt for each designated seating position. Part 571.3 of our reg ulations defines, in part, a designated seating position as:

Any plan view location capable of accommodating a person at least as large as a 5th percentile female, if the overall seat configuration and design and vehicle design is likely to be used as a seating position while the vehicle is in motion, except for a uxiliary seating accommodations such as temporary or folding jump seats.

The agency considers the two types of rearward-facing seats in the emergency medical vehicles you photographed to be designated seating positions. Those seats are designed and built in the same manner as conventional vehicle seats in that they have a pad ded gear pan and a high padded seat back. In fact, the one seat appears to be a conventional "captains chair" which has been mounted in a rearward-facing position. The two rearward-facing seats are also designed to be used on a routine basis by an emerge ncy medical personnel as the vehicle travels to its destination.

In contrast, the agency does not consider a squad bench or a stretcher to be a designated seating position. Neither a squad bench not a stretcher is designed or built in the same manner as a conventional vehicle seat. Although they have the equivalent of a seat pan, they do not have a seat back. Most importantly, both the squad bench and stretcher are meant to be used on a temporary basis as auxiliary seating positions by emergency medical personnel as they provide treatment to a patient. Thus, as an au xiliary seating area, they would not be considered a designated seating position and therefore not subject to the safety belt installation requirement of Standard No. 208.

If you have any further questions, please let me know.

Sincerely,

Erika Z. Jones Chief Counsel

Erika Z. Jones, J.D. Chief Counsel National Highway Traffic Safety Administration Room 5219 400 Seventh Street, S.W. Washington, DC 20590

Dear Ms. Jones

At the suggestion of Steve Oesch, I am writing to you to request a formal interpretation of the agency's regulations regarding seat belts in emergency medical vehicles.

I have discussed with Mr. Oesch my question as to whether the side-and rear-facing seats of emergency medical vehicles require seat belts. Most emergency medical vehicles have a rear-facing seat that is typically located behind the driver's seat. In addi tion, these vehicles may be designed to transport either one or two stretchers. (See the enclosed photograph for examples of single- and dual-stretcher vehicles.) Single-stretcher vehicles have a squad bench next to the stretcher on which emergency pers onnel may be seated to attend to the patient while the vehicle is in motion. Personnel in dual-stretcher vehicles sit on the empty stretcher to attend to the patient. Use of the seat belt in these positions is too restrictive to allow emergency personnel to provide acute care to patients during transport.

It is my understanding that ambulances are categorized as multipurpose passenger vehicles and, as such, must provide seat belts only for designated seating positions. I also understand that seat belts are not required for auxiliary seating positions. The issue, then, is whether side- and rear-facing seats - -including a second stretcher - - in the patient compartment of an emergency medical are considered designated or auxiliary seating positions.

I therefore request a formal interpretation of the agency's regulations regarding the need for seat belts for the side- and rear-facing seats in emergency medical vehicles and the particular need for seat belts for personnel seated in auxiliary seating p osition while the vehicle is in motion.

Sincerely,

Robin Bender Stevens Health Policy and Planning Consultant