Interpretation ID: GRAMMLT.ogm
United States Senator
2323 Bryan Street, #1500
Dallas, Texas 75201
Dear Senator Gramm:
Thank you for your letter of June 21, 1996, on behalf of your constituent, Mr. Milton C. Beveridge. Mr. Beveridge apparently wishes to modify the rear seats of a 1996 Chrysler 15 passenger van to create better access for elderly passengers who, in order to reach seats in the rear of the van, must pass through the limited space between the edges of the seats and the rear wheel housing. In order to provide better access, Mr. Beveridge wishes to have these seats made narrower so that they would seat two passengers rather than three and create a wider opening between the seats and the wheel housing. However, Mr. Beveridge is unable to find a facility that will perform this work because of an existing state requirement that any work on the van, which was purchased through a state grant, be performed by a "certified" repair facility. In addition, in speaking with the dealer who sold the van and representatives of Chrysler, Mr. Beveridge has been told that the seats in the van cannot be modified without violating federal law.
As discussed below, there is no blanket Federal prohibition against modifying seats. However, Federal law does specify that dealers and repair businesses making such modifications must do so in a way that does not compromise the occupant protection provided by the vehicle manufacturer in accordance with Federal standards.
Some background information about our agency may be helpful. The National Highway Traffic Safety Administration (NHTSA) has the authority to issue Federal motor vehicle safety standards applicable to new motor vehicles and new items of motorvehicle equipment. Federal law prohibits the manufacture or sale of any new motor vehicle or new item of motor vehicle equipment which does not conform to all applicable Federal motor vehicle safety standards.
After the first retail sale, there is a limit on the modifications that can be made by certain businesses to vehicles. Manufacturers, distributors, dealers, and repair businesses may not "knowingly make inoperative" any device or element of design installed on or in a motor vehicle or equipment in compliance with an applicable safety standard.
Since the seats and their safety belts are devices or elements of design that were installed in your constituent's van in compliance with applicable standards, none of these businesses may modify the vehicle in such a manner that it no longer complies with a safety standard. Accordingly, such a business should examine the relevant Federal motor vehicle safety standards in these areas, e.g., Standards Nos. 207, Seating Systems, 208, Occupant Crash Protection, 209, Seat Belt Assemblies, 210, Seat Belt Assembly Anchorages, and 302, Flammability of Interior Materials, to determine how modifications can be made in a manner that does not adversely affect compliance.
The foregoing standards may be found in Sections 571.207, 571.208, 571.209, 571.210 and 571.302 of Volume 49 of the Code of Federal Regulations ,(49 CFR 571.207 et.seq.). We are providing Mr. Beveridge with copies of these standards under seperate cover.
As noted above, Mr. Beveridge's letter indicates that he is having difficulty finding a "certified" repair facility to modify his vehicle. NHTSA does not "certify" repair shops or approve modifications to privately owned vehicles. As Mr. Beveridge indicates that the requirement that any modification be performed by a "certified" facility is imposed by the state, I suggest that he contact an appropriate state government official for assistance in how to find such a facility.
I hope this information is helpful. Should you have any further questions or need additional information, feel free to contact me or Mr. Otto Matheke of the Office of Chief Counsel at (202) 366-5253.
Sincerely
John Womack
Acting Chief Counsel
Enclosure
Constituent's Correspondence
ref:208
d:9/20/96