Interpretation ID: 86-1.34

TYPE: INTERPRETATION-NHTSA

DATE: 02/12/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Mr. H. M. Metcalf

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. H. M. Metcalf 2860 Peachtree Road, N.W. Apt. 709 Atlanta, Georgia 30305-4155

Thank you for your letter asking about how our regulations would affect the modification of a vehicle to accomodate a handicapped person. I regret the delay in our response.

You explained that you have had a partial amputation of your left leg and want to have the seat in your car modified to make it easier for you to enter and operate your car. You said that no one will modify your car because of our regulations. You asked if you could obtain a waiver so that you could have a new car modified before its delivery to you. I hope the following discussion, explaining our regulations, will be of assistance to you.

Our agency is authorized to issue Federal Motor Vehicle Safety Standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. Manufacturers must certify that their products conform to our safety standards before they can be offered for sale. If a vehicle is altered prior to its first sale, then the person making the alteration must certify that the vehicle as altered continues to comply with the Federal safety standards.

In the case of a used vehicle, vehicle modifications are affected by section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act. That section prohibits commercial businesses from knowingly rendering inoperative any elements of design installed on a vehicle in compliance with a Federal Motor Vehicle Safety Standard.

While the requirements and prohibitions discussed above apply to the general case, this agency has distinguished the situation where a vehicle must be modified to accommodate the special needs of a handicapped person. In this limited situation, we have been willing to consider any violations a purely technical one justified by public need, and have exercised our discretion not to take any enforcement action. In a case such as yours, I can assure you that the NHTSA would not institute enforcement proceedings against a motor vehicle dealer that modifies a seat to accommodate your condition. Modification of a safety system for legitimate medical reasons is not the type of action that the Vehicle Safety Act sought to prevent.

I suggest you show this letter to your dealer. If you have any further questions, please let me know.

Sincerely,

Erika Z. Jones Chief Counsel

Mr. Jeffery Miller, Chief Council National Highway Traffic Safety Administration 400 2nd. St. S.W. Washington, D.C. 20590

Dear Sir,

Two years ago, I had a "below the knee" amputation of my left leg. At that time I attempted to have my car seat modified to make it easier to enter and operate my car. No one would modify the car because of your agency's regulations.

Mr. Thomas Enright provided your name as the contact to obtain a waiver so that a car can be modified. My plans are to buy a new car and I would have it modified before delivery so that the manufacturer's warranty would not be voided.

I believe there are provisions in the regulations that allow a standard car to be modified for a handicapped person . Your assistance in obtaining the necessary information will be appreciated.

Yours truly,

H. M. Metcalf 2860 Peachtree Rd. N.W. Apt. # 709 Atlanta, Georgia 30305-4155