Interpretation ID: nht89-1.37

TYPE: INTERPRETATION-NHTSA

DATE: 03/13/89

FROM: ERIKA Z. JONES -- CHIEF COUNSEL NHTSA

TO: RAYMOND F. BRADY

TITLE: NONE

ATTACHMT: LETTER DATED 02/14/89 FROM RAYMOND F. BRADY TO NHTSA, REF 2912; LETTER DATED 12/16/88 FROM RAYMOND F. BRADY TO NHTSA

TEXT: Dear Mr. Brady:

This responds to your letter asking whether certain seats in a limousine would be considered "designated seating positions" within the meaning of the definition of that term in 49 CFR @ 571.3. You stated that the seats in question are two free-standing, rearward facing passenger seats installed in the rear passenger compartment of a limousine. According to your letter, these seats are mounted to the floor and do not fold into the back of another seat, nor are these seats labeled to indicate that they are not designated for occupancy while the limousine is in motion. In a February 24, 1989 telephone conversation with Mr. Marvin Shaw of my staff, you explained that the vehicles in which these seats are installed have not previously been sold for purpo ses other than resale. If the situation is as described in your letter, these seats would be considered "designated seating positions" within the meaning of 49 CFR @ 571.3.

Title 49 CFR @ 571.3 defines a "designated seating position" as follows:

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.

The seats described in your letter appear to be capable of accommodating a person at least as large as a 5th percentile adult female. Further, the overall seat configuration and design and the limousine's design is such that these seats appear likely to be used as a seating position while the vehicle is in motion. Finally, the seats do not appear to be auxiliary seating accommodations such as temporary or folding jump seats. For a more complete explanation of what type of seats the agency considers t o be "auxiliary seating accommodations," I have enclosed an April 28, 1971 letter from this agency to Mr. Nakajima of Toyota. Based on these conclusions, this agency would consider each of the two rear facing seats to be "designated seating positions."

If you have any further questions or need additional information on this subject, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992.

ENCLOSURE

Sincerely,