Interpretation ID: 86-5.11

TYPE: INTERPRETATION-NHTSA

DATE: 09/04/86

FROM: AUTHOR UNAVAILABLE; S.P. Wood for Erika Z. Jones; NHTSA

TO: Mr. Vincent Foster

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Vincent Foster 146 Argilla Road Ipswich, Massachusetts 01938

Dear Mr. Foster:

This responds to your May 23, 1986, letter to Administrator Steed requesting that the National Highway Traffic Safety Administration (NHTSA) grant permission to your dealer to modify your motor vehicle. Your letter has been referred to my office for reply.

You explained that you are mildly hemiplegic and that your physical condition makes it difficult to use a key on the right side of the steering column. You wish to arrange with your dealer to move the ignition to a new position on the steering column which would enable you to engage the key with your left hand. You asked if you could obtain permission from this agency to permit this modification by the dealer. I hope the following discussion explaining our regulations will be of assistance to you.

I would like to begin by clarifying that there is no procedure by which persons petition for and are granted permission from NHTSA to arrange to have a motor vehicle dealer modify their used motor vehicle. Dealers are permitted to modify used 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 regulations to provide some allowances to a dealer who cannot conform to our regulations when making modifications to accommodate the special needs of persons with handicaps. 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 that set performance requirements for new motor vehicles and items of motor vehicle equipment. Manufacturers are required by the National Traffic and Motor Vehicle Safety Act to certify that their products conform to our safety standards before they can be offered for sale. Manufacturers and dealers modifying certified vehicles are affected by S108(a)(2)(A) of the Safety Act. It prohibits commercial businesses from knowingly rendering inoperative any elements of design installed on a vehicle in compliance with a Federal Motor Vehicle Safety Standard.

In general Section 108(a)(2)(A) would require dealers who modify motor vehicles to ensure that they do not remove, disconnect or degrade the performance of safety equipment installed in compliance with an applicable safety standard. Violations of S108(a)(2)(A) are punishable by civil fines up to $1,000 per violation.

In situations such as yours where a vehicle must be modified to accommodate the needs of a particular handicap, we have been willing to consider any violation of S108(a)(2)(A) a purely technical one justified by public need. I can assure you that NHTSA would not institute enforcement proceedings against a motor vehicle dealer that modifies the steering column on your vehicle to accommodate your condition. We caution, however, that only necessary modifications should be made to the steering column to accommodate your condition and we urge your dealer to modify your vehicle in such a manner that would not degrade from the safety currently provided by your vehicle.

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

January 27, 1986

Ms. Diane Steed Administrator Motor Vehicle Safety Standards Washington, D. C. 20590

RE: Mr. Vincent Foster 1985 Volvo 146 Argilla Road Vin # YVIFX884GG1013278 Ipswich, Mass. 01938

Dear Ms. Steed:

With reference to USA regulation #114 covering the ignition locking system.

Please consider this a request to waive the above regulation and for permission to modify the ignition locking system.

The reason for this is that it would be in the public interest since Mr.

Foster's right hand is totally disabled. He has great difficulty starting the car.

We are planning to install an additional keyed ignition switch in the let side of the steering column.

If you have any questions regarding the above, please contact Mr. Fred Pomeroy or Ms. Karen Gardella at Congressman's Mavarolis Office.

Sincerely,

Mr. Fred Pomeroy Sales Department

FP/jw

Diane Steed Department of Transportation Office of Motor Vehicle Safety Standards Room 5220 7th St., S.W. Washington, D.C. 20590

Dear Ms. Steed:

I am writing you to request permission to have the ignition of my and newly-purchased Volvo Sedan (1986 model year) changed from its present position additional/ on the right side of the steering column. I bought the car on January 13, 1986, from Sales, Incorporated, of 230 John Street, Reading , Mass. 01867. A mechanic employed by 128 Sales, Incorporated, will make this alteration if and when permission is granted.

I make this request because my right side is mildly hemiplegic as a result of cerebral palsy, due to a birth injury, a circumstance which makes possible turning the key in the ignition of any automobile with my right hand. Since January I have been driving the Volvo, but in order to start it, I must lean far enough over to reach the ignition with my left hand, which is affected by the cerebral palsy. Thus, I can drive with the ignition on the right, but its relocation to the left side of the steering column would be of great assistance.

As a resident of and a voter in the Massachusetts 6th Congressional District, I turned for help---as soon as I was informed that permission would be required---to the office of my Congressman, Mr. Nicholas Mavarolis, one of his aides, Ms. Karen Gardella, has given me all possible help with this matter. She had believed, until today, that the proper procedure for petitioning. Today, both Ms. Gardella and, through her, I learned that, according to Betsy Harrison, Chief Counsel of the Department of Transportation, petitions by the individuals in question. Hence this letter.

My car is an "86 Volvo, Model 744GEO Sedan. Its Vehicle Identification Number is YV1FX8846G1013278. The salesman with whom I dealt with is Fred Pomeroy. I have a Massachusetts Driver's License.

My legal address is 146 Argilla Road, Ipswich, Mass. 01938, and as I stated earlier, I am a registered voter in the Massachusetts Sixth Congressional District. However, for the next few months I will be in Jackson, Florida., where my telephone number, should you for any reason wish to contact me, (606) 356-5916. Your early attention to this question would be greatly appreciated. Thank You very much.

Sincerely,

Vincent Foster