ID: aiam5633

"Dear Mr. Gregorio: This responds to your letter of September 23, 1995 requesting 'authorization to modify the car seat in my 1992 Plymouth Acclaim.' Your letter states: Presently, my car is equipped with hand controls which alleviates 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 push the car seat back far enough to give space to my injured knees. You enclosed a letter from your physician stating that recovery could take several years. In summary, our answer is that you may have your vehicle modified. NHTSA will not institute enforcement proceedings against a repair business that modifies the seat on your vehicle to accommodate your condition. A more detailed answer to your letter is provided below. I would like to begin by noting that repair businesses are permitted to modify vehicles without obtaining permission from NHTSA to do so, but are subject to certain regulatory limits on the type of modifications they may make. In certain limited situations, we have exercised our discretion in enforcing our requirements to provide some allowances to a repair business which cannot conform to our requirements when making modifications to accommodate the special needs of persons with disabilities. Since your situation is among those given special consideration by NHTSA, this letter should provide you with the relief you seek. Our agency is authorized to issue Federal Motor Vehicle Safety Standards (FMVSS) that set performance requirements for new motor vehicles and items of motor vehicle equipment. Manufacturers are required to certify that their products conform to our safety standards before they can be offered for sale. Manufacturers, distributors, dealers, and repair businesses are prohibited from 'knowingly making inoperative' any device or element of design installed on or in a motor vehicle in compliance with an applicable FMVSS. In general, the 'make inoperative' prohibition would require repair businesses which modify motor vehicles to ensure that they do not remove, disconnect, or degrade the performance of safety equipment installed in compliance with an applicable FMVSS. Violations of this prohibition are punishable by civil fines up to $1,000 per violation. Moving 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. Your letter does not provide any information regarding why the modification to your seat cannot be done in a way that would not violate the make inoperative prohibition. However, in situations such as yours where a vehicle must be modified to accommodate the needs of a particular disability, we have been willing to consider any violations of the 'make inoperative' prohibition a purely technical one justified by public need. As I have already noted above, NHTSA will not institute enforcement proceedings against a repair business that modifies the seat on your vehicle to accommodate your condition. We caution, however, that only necessary modifications should be made to the seat, and the person making the modifications should consider the possible safety consequences of the modifications. For example, in moving a seat, it is critical that the modifier ensure that the seat is solidly anchored in its new location. You should also be aware that an occupant of a seat which has been moved rearward may have less protection in a crash if the seat is too far rearward relative to the anchorages of the safety belts for that seat. Finally, if you sell your vehicle, we encourage you to advise the purchaser of the modifications. I hope this information has been helpful. If you have any other questions or need some additional information in this area, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992. Sincerely, Samuel J. Dubbin Chief Counsel";

ID: aiam5404

Dear Mr. Sudenga: This responds to your letter following up on my Ma 18, 1994, letter to your client, Mr. Neil Rowe, about Mr. Rowe's product, the 'Glad Grip.' In my letter, I provided information about the National Highway Traffic Safety Administration's (NHTSA's) requirements for manufacturers of motor vehicle equipment, and explained that NHTSA has not issued a Federal motor vehicle safety standard (FMVSS) applicable to a product such as the Glad Grip. In your followup letter, you indicated we did not answer your request for 'approval of NHTSA in advance of major marketing efforts,' concerning your client's product. I regret that my earlier letter was unclear on the issue of NHTSA 'approval' of motor vehicles or motor vehicle equipment. NHTSA does not approve motor vehicles or items of motor vehicle equipment, nor does the agency endorse any commercial products. Instead, the National Traffic and Motor Vehicle Safety Act establishes a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. As I stated in the earlier letter, the agency has not issued any safety standards for the Glad Grip. Even if there were an applicable FMVSS, NHTSA would not 'approve' the Glad Grip, rather, Mr. Rowe would self-certify his product. I hope you find this information helpful. If you have any other questions, please contact Marvin Shaw of my staff at this address or by phone at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel;

ID: nht88-3.99

TYPE: INTERPRETATION-NHTSA

DATE: 11/03/88

FROM: ERIKA Z. JONES -- CHIEF COUNSEL NHTSA

TO: JOSEPH F. MIKOLL -- VICE PRESIDENT TRANSPORTATION EQUIPMENT CORP.

TITLE: NONE

ATTACHMT: ATTACHED LETTER DATED 03/10/89 FROM ERIKA Z. JONES -- NHTSA TO JOSEPH F. MIKOLL, REDBOOK A33, STANDARD 217, 222 AND 302; LETTER DATED 12/15/88 FROM JOSEPH F. MIKOLL TO ERIKA Z. JONES -- NHTSA, OCC 2812; LETTER DATED 08/11/88 FROM JOSEPH F. MIKO LL TO ERIKA Z. JONES

TEXT: Dear Mr. Mikoll:

This responds to your recent request for confirmation of your understanding that school buses with a gross vehicle weight rating (GVWR) of 10,000 pounds or less would comply with the existing requirements of the safety standards if those buses were equip ped with a new occupant protection device your company is considering producing. As explained below, this device could not be installed in small school buses as a substitute for safety belts at those seating positions. Assuming those seating positions are equipped with safety belts, the seating positions could also be equipped with this device if the addition of the device does not prevent the safety belts from complying with the requirements of the safety standards.

The new device you are considering producing is a "safety bar." This bar consists, in part, of two curved metal poles in planes that are parallel to the longitudinal centerline of the bus. These curved poles are joined by three cross members that are pa rallel to the seat and covered with padding. The padded surface is angled at the top slightly back from the vertical. The curved metal poles are attached to the outside of the seat in front of the seat whose occupants will be protected by the "safety b ar," so that the padded surface extends over the entire width of the seat whose occupants it is designed to protect. When the seat whose occupants are to be protected by this "safety bar" is unoccupied, the padded surface rests approximately on the lati tudinal centerline of the seat. When an occupant wishes to be seated, he or she must lift the "safety bar" and then sit down. The "safety bar" will then rest on the occupant's thighs. Additionally, a special strap that resembles a very long seat belt assembly must be fastened around the safety bar to hold it in position in the event of a crash.

The crash protection requirements for school buses with a GVWR of 10,000 pounds or less are set forth in S5(b) of Standard No. 222, School Bus Passenger Seating and Crash Protection (49 CFR @ 571.222). That section provides that these school buses must be capable of meeting the

requirements of Standard No. 208, Occupant Crash Protection (49 CFR @ 571.208) as it applies to multipurpose passenger vehicles, at all seating positions other than the driver's seat.

The requirements of Standard No. 208 that apply to multipurpose passenger vehicles with a GVWR of 10,000 pounds or less are set forth in section S4.2 of Standard No. 208. That section specifies that multipurpose passenger vehicles with a GVWR of 10,000 pounds or less shall meet the requirements specified for passenger cars in either S4.1.2.1, S4.1.2.2, or S4.1.2.3 of Standard No. 208. Each of these three subsections of S4.1.2 requires each rear designated seating position to be equipped with a safety b elt. S4.1.2 gives manufactures the option of substituting a protection system "that requires no action by vehicle occupants" for a safety belt at any or all rear designated seating positions.

Your proposed "safety bar" requires two specific actions by vehicle occupants; i.e., lifting the bar so that the seat can be occupied and buckling the strap to hold the bar in place. Therefore, the "safety bar" could not be considered a protection syste m that "requires no action by vehicle occupants," for the purpose of S4.1.2 of Standard No. 208. Accordingly, each rear designated seating position in small school buses equipped with this "safety bar" must also be equipped with safety belts.

Assuming that these seating positions were equipped with safety belts, the installation of "safety bar" in small school buses would be a voluntary action on the part of the school bus manufacturer. NHTSA has said in several prior interpretation letters that the systems or components installed in addition to required safety systems are not required to meet Federal safety standards, provided that the additional components or systems do not destroy the ability of required systems (the safety belts in this case) to comply with the Federal safety standards. If this is the case, the "safety bar" could be provided as a supplement to safety belts on small school buses.

To install these "safety bars" in any new school bus, the manufacturer would have to certify that a bus with the "safety bars" installed complied with the impact zone requirements set forth in S5.3 of Standard No. 222. Thus, if any part of the "safety b ar" was within the head protection zone or leg protection zone, the "safety bar" would have to be certified as complying with the applicable requirements of S5.3. Additionally, the manufacturer would have to certify that the school buses with these "saf ety bars" installed complied with Standard No. 217, Bus Window Retention and Release (49 CFR @ 571.217). Standard No. 217 requires school buses to be equipped with emergency exits of a minimum size. This means the "safety bars" could not obstruct emerg ency exits located adjacent to seats.

If you decide to manufacture these "safety bar," your company will be a manufacturer of motor vehicle equipment within the meaning of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.). As such, you will have several responsibili ties, including the responsibility specified in sections 151-159 of the Safety Act (15 U.S.C. 1411-1419) to conduct a notification and remedy campaign if your company or the agency determines either that the safety bar contains a defect

related to motor vehicle safety or that it does not comply with an applicable safety standard. A copy of an information sheet is enclosed, which describes briefly this and other statutory and regulatory responsibilities of manufacturers and explains how to obtain copies of our regulations.

Please let me know if you have any further questions or need additional information.

Sincerely,

ENCLOSURE

ID: nht88-3.23

TYPE: INTERPRETATION-NHTSA

DATE: 08/26/88

FROM: ERIKA Z. JONES -- CHIEF COUNSEL NHTSA

TO: JIM SCHULD -- MILL SUPPLY INC.

TITLE: NONE

ATTACHMT: LETTER DATED 10/20/87 TO OFFICE OF CHIEF COUNSEL -- NHTSA FROM JIM SCHULD, OCC - 1177

TEXT: Dear Mr. Schuld:

This responds to your letter asking for information concerning the application of Federal safety standards to your manufacture of a jump seat that you said would be "removable and able to be transferred from one truck to another." I apologize for the del ay in responding. Generally, Federal motor vehicle seating standards apply to motor vehicles prior to their first purchase by a consumer, and not to "aftermarket" seating components added to a vehicle after such purchase. However, several of our safety standards could apply to your product if the seat is installed in a new vehicle prior to the vehicle's first sale to a consumer. Federal law would also affect your installation of the jump seat in new or used vehicles.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized by the National Traffic and Motor Vehicle Safety Act to issue Federal motor vehicle safety standards that set performance requirements for new moto r vehicles and items of motor vehicle equipment. NHTSA is not authorized to certify or approve motor vehicles or motor vehicle equipment for compliance with our Federal motor vehicle safety standards. Instead, under the National Traffic and Motor Vehicl e Safety Act (copy enclosed), each manufacturer of a motor vehicle or item of motor vehicle equipment is responsible for certifying that its products meet all applicable safety standards. The following represents our opinion based on the information pro vided in your letter.

There is currently no Federal motor vehicle safety standard that is directly applicable to a removable jump seat sold directly to a consumer. Federal seating standards generally apply only to completed new motor vehicles and not to items of equipment su ch as a removable jump seat. However, as a manufacturer of motor vehicle equipment, you are subject to the requirements in sections 151-159 of the Safety Act concerning the recall and remedy of products with defects relating to motor vehicle safety. I have enclosed an information sheet that briefly describes those responsibilities. In the event that you or NHTSA

determines that your jump seats contain a safety related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

If your product will be installed on a new vehicle prior to the vehicle's first sale to a consumer, then the manufacturer of the vehicle will have certain responsibilities relating to its obligation under the Safety Act to certify the new vehicle as meet ing all applicable Federal motor vehicle safety standards. Federal standards for seating systems (Standard No. 2077) and crash protection (Standard No. 208) apply to designated seating positions in new vehicles. While these standards do not apply to au xiliary seating accommodations (e.g., temporary or folding jump seats), the determination must be made whether your apparatus falls into this latter category and is thus excluded from coverage. Unfortunately, information provided in your letter did not describe your jump seat in sufficient detail for us to offer an opinion as to whether your particular seat is an auxiliary seating accommodation. Photographs or engineering diagrams of your product would assist us in determining whether the seat would be considered an auxiliary seating accommodation, and thus excluded from coverage under Standard Nos. 207 and 208 if installed on new vehicles.

Another Federal standard to which the vehicle manufacturer must certify its vehicle as conforming is Standard No. 302, Flammability of Interior Materials. This standard establishes flammability requirements that must be met by certain vehicle components including seat cushions and seat backs on any occupant seat installed in a new vehicle prior to the vehicle's first sale to a consumer. A manufacturer installing your jump seat on a new vehicle would thus be required to ensure that any seat cushion or s eat back on your product conforms to the flammability resistance requirements of the standard.

You should also be aware that there are statutory considerations that affect the installation of your jump seats in new and used vehicles. Section @ 108(a)(2)(A) of the Vehicle Safety Act specifies: "No manufacturer, distributor, dealer, or motor vehicl e repair business shall knowingly render inoperative ... any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard ..." This section requir es manufacturers, distributors, dealers or motor vehicle repair businesses (i.e., any person holding him or herself out to the public as in the business of repairing motor vehicles or motor vehicle equipment for compensation) installing the jump seat to ensure that the addition of the apparatus would not negatively affect the compliance of any component or design on a vehicle with applicable Federal safety standards. For example, the commercial entity must ensure that the addition of the jump seat does not degrade from the safety of existing seating or occupant protection systems on the vehicle. Section 109 of the Act specifies a civil penalty of up to $1,000 for each violation of $108.

In summary, removable jump seats sold to motor vehicle owners as items of aftermarket equipment are not subject to any Federal motor vehicle safety standard. The seat could be subject to Federal standards for seating

performance and occupant crash and flammability protection if it is installed on new vehicles prior to the vehicle's first sale. Commercial businesses are prohibited from installing the jump seat if the result renders inoperative the compliance of r equisite safety components or designs with Federal safety standards. Individual owners, however, are not covered by @ 108(a)(2)(A) and may themselves install the jump seat in their vehicles without regard to the rendering inoperative prohibition of the Safety Act. To repeat, you as the equipment manufacturer would be obligated to recall and remedy seats that contain a defect related to motor vehicle safety, even if the seats were installed by vehicle owners themselves.

Please feel free to contact us if you have further questions.

ENCLOSURE

Sincerely,

ID: 21063geninfosuzuki.df

Mr. Eugene Y. Suzuki
Representative of PPC
2-16-15 Oyamadai
Setagaya
Tokyo 158-0086, Japan

Dear Mr. Suzuki:

This responds to your fax to the Safety Assurance office of this agency, generally describing a product called the "Car Life Jacket" that you wish to export to the United States. You state that the Car Life Jacket "is a jacket type seat belt, made of proven one-piece seat belt, buckles, and back/front protections with fuses, for 2-5 year old children . . . ." Your letter has been referred to my office for reply.

The National Highway Traffic Safety Administration (NHTSA) administers Federal requirements for the manufacture and sale of new motor vehicles and items of new motor vehicle equipment. We are authorized to issue Federal motor vehicle safety standards to reduce highway crashes and deaths and injuries resulting from crashes. Under that authority, we issued Federal Motor Vehicle Safety Standard No. 213, Child Restraint Systems (49 CFR 571.213), which sets forth requirements which must be met by any device designed for use in a motor vehicle to restrain, seat or position children who weigh 50 pounds or less.

Your Car Life Jacket is a device that is designed to restrain children in motor vehicles. It is thus a "child restraint system" subject to the requirements of Standard No. 213. Based on your letter, we believe the Car Life Jacket is a type of child restraint system known as a "harness." Standard No. 213 requires, among other things, that child restraints provide protection in a 30 mile-per-hour (mph) crash, that the restraint meet the flammability resistance requirements of Standard No. 302, that the belts and buckles meet certain performance requirements, and that the manufacturer provide detailed instructions on the proper use of the restraint. I have enclosed an information sheet that describes how you can obtain copies of these standards.

Every child restraint system for use in motor vehicles sold in or imported into the United States must be certified as complying with Standard No. 213. The United States does not follow the European practice of requiring the manufacturer of motor vehicle equipment to deliver the equipment to specified institutes for testing before the product can be sold. For our purposes, the manufacturer itself must certify that the child restraint system fully satisfies all requirements of Standard No. 213. Further, this agency does not require that the manufacturer's certification be based on a specified number of tests. Although we recommend that a manufacturer selling child restraint systems in the United States test the systems according to the test procedures specified in the standard, it is up to the individual manufacturer to determine what data, test results, or other information it needs to enable it to validly certify that its child restraint systems comply with Standard No. 213. Once a manufacturer determines that its child restraints meet the requirements of Standard No. 213, it certifies that compliance by labeling that certification onto the child restraint, as specified in Standard No. 213.

For purposes of enforcement, this agency conducts spot checks of child restraints after they have been certified as complying with Standard No. 213, by purchasing and testing the child restraints according to the procedures specified in the standard. If the restraints pass the tests, no further steps are taken. If the child restraints fail the test and are determined not to comply with Standard No. 213, the manufacturer of the child restraint is subject to the recall responsibilities of our statute. Manufacturers must also ensure that their products are free of safety-related defects. Our statute specifies that, in the case of a child restraint which fails to comply with Standard No. 213 or contains a safety-related defect, the manufacturer must notify purchasers and either:

1. repair the child restraint, so that the defect or noncompliance is removed; or
2. replace the child restraint with an identical or reasonably equivalent child restraint which does not have the defect or noncompliance.

Whichever of these options is chosen, the child restraint manufacturer must bear the expense and cannot charge the child restraint owner for the remedy.

There are also two procedural regulations that you need to meet to import your child restraints into the United States. The first is 49 CFR Part 566, "Manufacturer Identification." This regulation requires a manufacturer (including an importer) of motor vehicle equipment to submit its name, address, and a brief description of the equipment it manufactures (or imports) to this agency within 30 days of the date the child restraints are first manufactured (imported into the United States).

The second regulation is 49 CFR Part 551, "Procedural Rules." Section 551.45 requires the actual manufacturer of foreign-manufactured child restraints to designate a permanent resident of the United States as the manufacturer's agent for service of process in this country. The designation of the agent for the service of process must contain the following six items in order to be valid under S551.45:

1. A certification that the designation is valid in form and binding on the manufacturer under the laws, corporate by-laws, or other requirements governing the making of the designation at the time and place where it is made;
2. The full legal name, principal place of business, and mailing address of the manufacturer;
3. Marks, trade names, or other designations of the origin of any of the manufacturer's products which do not bear its name;
4. A statement that the designation shall remain in effect until withdrawn or replaced by the manufacturer;
5. A declaration of acceptance duly signed by the agent appointed, which may be an individual, a firm, or a U.S. corporation; and
6. The full legal name and address of the designated agent.

In addition, the designation must be signed by one with authority to appoint the agent, and the signer's name and title should be clearly indicated beneath his or her signature. This designation should be mailed to the address shown in section 551.45(b).

I have enclosed an information sheet that briefly describes the responsibilities of manufacturers of motor vehicles and motor vehicle equipment. In addition, enclosed is a copy of a March 5, 1999 final rule that amended the head excursion requirement of Standard No. 213 and that added a requirement for an independent means of attaching to a child restraint anchorage system in vehicles. (See also the first part of our response to petitions for reconsideration of the rule, 64 FR 47566, copy enclosed.) These requirements affect primarily child restraints other than harnesses. However, as part of your responsibility as a manufacturer, we urge you to keep current on the requirements of Standard No. 213.

I hope this is helpful. If you have any further questions, please contact Ms. Deirdre Fujita of my staff at (202) 366-2992.

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosures
ref:213
d.3/30/00

ID: 2812yy

Ms. Carol C. Verenes
District Transportation Supervisor
Aiken County Public Schools
843 Edgefield Avenue, N.W.
P.O. Box 1137
Aiken, South Carolina 29802-1137

Dear Ms. Verenes:

This responds to your letter of September 7, 1990 requesting "written correspondence relative to the U.S. Department of Transportation, National Highway Traffic Safety Administration, adopted safety standards effective April 1, 1977, which applies to vans transporting school children." Additionally, you requested "information pertaining to Federal Motor Vehicle Safety Standards No. 220, 221, and 222" because your district is considering modifying vans to transport school children.

By telephone conversation with Mary Versailles of my staff on September 28, 1990, you stated that your school district has stopped using its 12-15 passenger vans to transport school children, because you had been informed that such use violated federal law. You requested information on what needed to be done to modify your vans to comply with Federal school bus regulations. You also asked if a dealer who had sold your school district new vans which did not comply with school bus regulations would be required to modify the vans or replace them with complying vans.

I am pleased to have this opportunity to clarify the operation of Federal law as it applies to school buses. Federal law regulates the manufacture and sale of new school buses. The National Highway Traffic Safety Administration (NHTSA) defines "school bus" as a motor vehicle designed for carrying 11 or more persons, including a driver, and sold for transporting students to and from school or school-related events. Note that in determining whether a vehicle is a school bus, one must consider both the vehicle's seating capacity, and its intended use. Thus, under federal law, a 12-15 passenger van is considered a school bus if its intended use is to transport school children.

NHTSA has issued Federal motor vehicle safety standards applicable to all new school buses. It is a violation of Federal law for any person to sell as a school bus any new vehicle that does not comply with all school bus safety standards. On the other hand, without violating any provision of Federal law, a school district may use a vehicle to transport school children, even if the vehicle does not comply with Federal school bus regulations. This is so because the individual States have authority over the use of vehicles. Therefore, to determine whether your school district may use noncomplying vans to transport school children, you must look to state law. In addition, using noncomplying vans as a school bus could result in increased liability in the event of an accident. You might want to consult your attorney and insurance company to discuss this matter.

Your first question asked what must be done to bring your vans into compliance as a school bus. Again, I must emphasize that there is no regulation under Federal law requiring your school district to retrofit your vans to comply with federal regulations. However, the following is a list of all Federal motor vehicle safety standards that include requirements for school buses:

Standards No. 101 through 104; Standard No. 105 (school buses with hydraulic service brake systems); Standards No. 106 through 108; Standards No. 111 through 113; Standard No. 115; Standard No. 116 (school buses with hydraulic service brake systems); Standards No. 119 and 120; Standard No. 121 (school buses with air brake systems); Standard No. 124; Standards No. 201 through 204 (school buses with GVWR of 10,000 pounds or less); Standard No. 205; Standards No. 207 through 210; Standard No. 212 (school buses with GVWR of 10,000 pounds or less); Standard No. 217; Standard No. 219 (school buses with GVWR of 10,000 pounds or less); Standard No. 220; Standard No. 221 (school buses with GVWR greater than 10,000 pounds); Standard No. 222; Standards No. 301 and 302.

Some of the standards which have unique requirements for school bus vehicles include, but are not necessarily limited to, Standards No. 105, 108, 111, 217, and 301; other standards (220, 221, and 222) are applicable only to school bus vehicles. Modification of the vehicles to comply with Standards No. 220 and 222 will be difficult and require recertification. The Federal motor vehicle safety standards are contained in Title 49 of the Code of Federal Regulations (CFR), Part 571. You may find a copy of 49 CFR Part 571 at a Federal Depository Library in your State. If you so choose, you may purchase a copy of the volume of Title 49 which includes Part 571 from the United States Printing Office (GPO), Washington, D.C., 20402, (202) 783-3238.

Your second question asked whether the sale between the dealership and the school could be dissolved if you determined that any purchases of new vans did not comply with the regulations for school buses. While we have no regulations which void or "dissolve" sales of noncomplying motor vehicles, the school might be able to contact the dealership that sold the noncomplying school buses and arrange to have the vehicles repurchased. In addition, if you believe that you had been sold noncomplying vehicles, and that the dealer knew of your intended use, the school should contact NHTSA's Office of Vehicle Safety Compliance, at the address given above, and inform them of the apparent violation of federal law. In the past, many dealers who have been notified by NHTSA of the illegality of selling noncomplying vans as school vehicles repurchased the vehicles that were sold in violation of the law. However, these instances involved essentially new vehicles. Section 154(a)(2)(A)(iii) of the Safety Act specifies the repurchase remedy as, "the purchase price of such motor vehicle in full, less a reasonable allowance for depreciation" (emphasis added). Thus, it may be more cost efficient for the school district to use these vans for other purposes within the district or transfer them to other county functions. For future vehicle purchases, it may be advisable to inform dealers specifically that the vehicles will be used for transporting school children.

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

Sincerely,

Paul Jackson Rice Chief Counsel

ref:57l.3 d:l/l5/9l

ID: nht91-1.21

DATE: January 15, 1991

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Carol C. Verenes -- District Transportation Supervisor, Aiken County Public Schools

TITLE: None

ATTACHMT: Attached to letter dated 9-7-90 to Joseph J. Levin, Jr. from Carol C. Verenes (OCC-5226)

TEXT:

This responds to your letter of September 7, 1990 requesting "written correspondence relative to the U.S. Department of Transportation, National Highway Traffic Safety Administration, adopted safety standards effective April 1, 1977, which applies to vans transporting school children." Additionally, you requested "information pertaining to Federal Motor Vehicle Safety Standards No. 220, 221, and 222" because your district is considering modifying vans to transport school children.

By telephone conversation with Mary Versailles of my staff on September 28, 1990, you stated that your school district has stopped using its 12-15 passenger vans to transport school children, because you had been informed that such use violated federal law. You requested information on what needed to be done to modify your vans to comply with Federal school bus regulations. You also asked if a dealer who had sold your school district new vans which did not comply with school bus regulations would be required to modify the vans or replace them with complying vans.

I am pleased to have this opportunity to clarify the operation of Federal law as it applies to school buses. Federal law regulates the manufacture and sale of new school buses. The National Highway Traffic Safety Administration (NHTSA) defines "school bus" as a motor vehicle designed for carrying 11 or more persons, including a driver, and sold for transporting students to and from school or school-related events. Note that in determining whether a vehicle is a school bus, one must consider both the vehicle's seating capacity, and its intended use. Thus, under federal law, a 12-15 passenger van is considered a school bus if its intended use is to transport school children.

NHTSA has issued Federal motor vehicle safety standards applicable to all new school buses. It is a violation of Federal law for any person to sell as a school bus any new vehicle that does not comply with all school bus safety standards. On the other hand, without violating any provision of Federal law, a school district may use a vehicle to transport school children, even if the vehicle does not comply with Federal school bus regulations. This is so because the individual States have authority over the use of vehicles. Therefore, to determine whether your school district may use noncomplying vans to transport school children, you must look to state law. In addition, using noncomplying vans as a school bus could result in increased liability in the event of an accident. You might want to consult your attorney and insurance company to discuss this matter.

Your first question asked what must be done to bring your vans into

compliance as a school bus. Again, I must emphasize that there is no regulation under Federal law requiring your school district to retrofit your vans to comply with federal regulations. However, the following is a list of all Federal motor vehicle safety standards that include requirements for school buses:

Standards No. 101 through 104; Standard No. 105 (school buses with hydraulic service brake systems); Standards No. 106 through 108; Standards No. 111 through 113; Standard No. 115; Standard No. 116 (school buses with hydraulic service brake systems); Standards No. 119 and 120; Standard No. 121 (school buses with air brake systems); Standard No. 124; Standards No. 201 through 204 (school buses with GVWR of 10,000 pounds or less); Standard No. 205; Standards No. 207 through 210; Standard No. 212 (school buses with GVWR of 10,000 pounds or less); Standard No. 217; Standard No. 219 (school buses with GVWR of 10,000 pounds or less); Standard No. 220; Standard No. 221 (school buses with GVWR greater than 10,000 pounds); Standard No. 222; Standards No. 301 and 302.

Some of the standards which have unique requirements for school bus vehicles include, but are not necessarily limited to, Standards No. 105, 108, 111, 217, and 301; other standards (220, 221, and 222) are applicable only to school bus vehicles. Modification of the vehicles to comply with Standards No, 220 and 222 will be difficult and require recertification. The Federal motor vehicle safety standards are contained in Title 49 of the Code Of Federal Regulations (CFR), Part 571. You may find a copy of 49 CFR Part 571 at a Federal Depository Library in your State. If you so choose, you may purchase a copy of the volume of Title 49 which includes Part 571 from the United States Printing Office (GPO), Washington, D.C., 20402, (202) 783-3238.

Your second question asked whether the sale between the dealership and the school could be dissolved if you determined that any purchases of new vans did not comply with the regulations for school buses. While we have no regulations which void or "dissolve" sales of noncomplying motor vehicles, the school might be able to contact the dealership that sold the noncomplying school buses and arrange to have the vehicles repurchased. In addition, if you believe that you had been sold noncomplying vehicles, and that the dealer knew of your intended use, the school should contact NHTSA's Office of Vehicle Safety Compliance, at the address given above, and inform them of the apparent violation of federal law. In the past, many dealers who have been notified by NHTSA of the illegality of selling noncomplying vans as school vehicles repurchased the vehicles that were sold in violation of the law. However, these instances involved essentially new vehicles. Section 154(a)(2)(A)(iii) of the Safety Act specifies the repurchase remedy as, "the purchase price of such motor

vehicle in full, less a reasonable allowance for depreciation" (emphasis added). Thus, it may be more cost efficient for the school district to use these vans for other purposes within the district or transfer them to other county functions. For future vehicle purchases, it may be advisable to inform dealers specifically that the vehicles will be used for transporting school children.

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

ID: aiam4420

Dear Mr. Geschwender: This responds to your November 1, 1978 letter to me asking whether an of our regulations apply to the 'Head Hugger,' an aftermarket product you have designed for use in motor vehicles. The Head Hugger is a head pillow that attaches to a head restraint and is designed to support a passenger's head and neck when he or she is seated in a reclined position. I hope the following information is helpful.; The National Highway Traffic Safety Administration (NHTSA) has th authority to regulate the manufacture and sale of new motor vehicles and items of motor vehicle equipment. Although NHTSA has issued motor vehicle safety standards for certain types of motor vehicle equipment, we have no standard directly applicable to the Head Hugger. Thus, the manufacture and sale of your aftermarket product to a vehicle owner for installation in his or her vehicle would not be affected by the requirements of any Federal motor vehicle safety standard.; However, if the Head Hugger will be installed in new or used vehicle by a commercial business, then S108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act could affect your product in certain circumstances. That section of the Act requires manufacturers, distributors, dealers and motor vehicle repair businesses to ensure that they do not knowingly render inoperative any device or element of design installed on or in a motor vehicle in compliance with an applicable Federal safety standard. These commercial entities could sell your product, but could not install it if the installation would negatively affect the vehicle's compliance with our standards for occupant protection in interior impacts (Standard No. 201), head restraints (Standard No. 202) or flammability resistance (Standard No. 302). In the first instance, it would be the responsibility of these entities to determine whether there is any possibility of such an effect.; Again, however, the prohibitions of S108(a)(2)(A) do not apply to th actions of a vehicle owner in adding to or otherwise modifying his or her vehicle. Thus, a vehicle owner would not violate the Act by installing the Head Hugger, even if doing so would negatively affect some safety feature in his or her vehicle.; There is an additional aspect of the Act of which you should be aware The Act requires the recall and remedy of motor vehicles and motor vehicle equipment determined to contain a defect relating to motor vehicle safety. If you or NHTSA determine that the Head Hugger contains such a defect, you must recall and repair or replace the item without charge to the purchaser.; We have enclosed a copy of the Act, and an information sheet describin how you can obtain copies of our motor vehicle safety standards and any other NHTSA regulation. Please contact us if we can be of further assistance.; Sincerely, Erika Z. Jones, Chief Counsel

ID: aiam0866

Dear Mr. MacGregor: This is in reply to your letter of August 31, 1972, to Robert C O'Connell, Region VIII Administrator for the National Highway Traffic Safety Administration, concerning the application of Motor Vehicle Safety Standard No. 302, 'Flammability of Interior Materials'. You raise several questions in your letter which are restated below.; 1. 'Does the standard apply to wood paneling used on the interior o campers, trailers, and mobile homes?'; The standard applies to passenger cars, multipurpose passenge vehicles, trucks, and buses. This does not cover trailers, a vehicle class that includes mobile homes among its members, but it does cover campers which are mounted on new chassis. Accordingly, wood paneling used as a component or portion of a component described in Paragraph S4.1 of the standard and installed in campers mounted on new chassis would be subject to the requirements of the standard.; 2. You ask whether the standard applies to the studs used to fasten th wood paneling to the structural framework.; The studs used to fasten the wood paneling to the structural framewor of campers mounted on new chassis are not listed in Paragraph S4.1 of the standard, nor are they incorporated into a component listed in Paragraph S4.1. Consequently, the studs would not be subject to the requirements of the standard.; 3. 'Does the standard apply to plastic door molding?' Paragraph S4.1 does not list door molding as one of the interio components that must meet the requirements of the standard and, therefore, door molding is not covered.; 4. 'Does the standard apply to carpeting, and if so, if the carpetin is tacked to the flooring, does the flooring have to be tested for flammability?'; Paragraph S4.1 lists 'floor coverings' among the components required t meet the requirements of the standard. Since carpeting is a floor covering, it would have to meet the requirements of the standard. The flooring underneath the carpeting would not be considered a 'floor covering' and, accordingly, would not have to meet the requirements of the standard.; 5. 'If the paneling or flooring, either separately or as a subassembly has to be tested, is it tested by this procedure, or a more applicable procedure such as ASTM E251, etc.?'; The flooring, as stated above, is not subject to the requirements o the standard when it is covered by a floor covering such as carpeting. While a manufacturer may test for conformity to the standard as he thinks best, whether his product conforms to the standard will be determined by the NHTSA by means of the test procedures specified in the standard. Manufacturers who use procedures different from those in the standard should correlate the results obtained from such tests with those that would be obtained by the procedures recommended by the standard.; Yours truly, Richard B. Dyson, Assistant Chief Counsel.

ID: aiam0680

Dear Mr. Milby: This is in reply to your letter of April 3, 1972, concerning th application of Motor Vehicle Safety Standard No. 302, 'Flammability of Interior Materials,' to particular motor vehicle components, particularly components of motor homes. The components about which you inquire are listed below and are followed in each case by our response:; >>>1. Radio/Stereo speaker grills: When these components ar incorporated into components that are listed in S4.1, such as compartment shelves and trim panels, they must meet the requirements of S4.3. If they are not incorporated into such components they need not meet the requirements.; 2. Lens-dome light: Under the present wording of the standard, thes components are not covered unless they are designed to absorb energy on contact by occupants in the event of a crash.; 3. Decals: Decals are not listed in S4.1 and are not subject to th standard. However, when decals are part of a listed component they must be tested as part of that component.; 4. Pillows - Loose decorator type used in motor home: Pillows that ar not seat cushions are not included in S4.1 and are not subject to the requirements of the standard.; 5. Towels - Used in bathroom of motor home: These items, similarly t decorator-type pillows, are not listed in S4.1 and are not subject to the standard.; 6. Shower Curtain - Used in bathroom of motor home: The NHTSA consider the bathroom of a motor home to be an occupant compartment under S4.1 of the standard, and a shower curtain to be a curtain under that section. Consequently, a shower curtain is subject to the requirements of the standard.; 7. Bath Mat - Used in bathroom of motor home: A bath mat would be floor covering under S4.1 and would be subject to the standard.; 8. Drapery hardware is not subject to the standard. 9. Toilet and Toilet Seat: We would consider toilets and toilet seat to fall within the meaning of seat backs and seat cushions in S4.1, and consequently subject to the standard.; 10. Towel Ring - Used in bathroom: Towel rings are not listed in S4. of the standard and are not subject to its requirements.; 11. ABS plastic plumbing - Used in bathroom: Plumbing is not listed i S4.1 of the standard and is not subject to its requirements.; 12. Face plate covers - for receptacles and switches: If these plate are incorporated into or are part of components enumerated in S4.1, such as trim panels, they are subject to the requirements of the standard.; 13. Bathroom interior of motor home: As indicated above, the bathroo of a motor home is considered to be an occupant compartment.<<<; We are pleased to be of assistance. Yours truly, Richard B. Dyson, Assistant Chief Counsel