Interpretation ID: nht76-3.31

DATE: 06/30/76

FROM: JOHN WOMACK FOR FRANK BERNDT -- NHTSA

TO: FAM Enterprises

TITLE: FMVSR INTERPRETATION

TEXT: This responds to your May 17, 1976, question whether special safety requirements exist for a vehicle that is modified to permit its operation by a handicapped person from a wheelchair that is secured at the driver's position.

Section 108(a)(1)(A) of the National Traffic and Motor Vehicle Safety Act (the Act) (15 U.S.C. @ 1397(a)(1)(A)) specifies that

@ 1397(a)(1) No person shall --

(A) manufacture for sale, sell, offer for sale, or introduce or deliver for introduction in interstate commerce, or import into the United States, any motor vehicle or item of motor vehicle equipment

unless it is in conformity with all applicable standards. If your modifications are made to a new vehicle prior to its first purchase for purposes other than resale and involve more than the addition of readily attachable components or minor finishing operations, Part 567 of our regulations requires that the vehicle remain in compliance following these alterations and that any change of gross vehicle weight rating or type classification be noted (49 CFR 567.7).

Assuming that the vehicle you modify is a multipurpose passenger vehicle under NHTSA regulations (e.g., a van-type vehicle that does not qualify as a truck) (49 CFR 571.3), it appears from your description of intended modifications that compliance with the following Federal motor vehicle safety standards might be affected:

Standard No. 101, Control Location, Identification, and Display

Standard No. 102, Transmission Shift Lever Sequence, Starter Interlock, and Transmission Braking Effect

Standard No. 111, Rearview Mirrors

Standard No. 124, Accelerator Control Systems

Standard No. 206, Door Locks and Door Retention Components

Standard No. 208, Occupant Crash Protection

Standard No. 209, Seat Belt Assemblies

Standard No. 210, Seat Belt Assembly Anchorages

I have enclosed an information sheet that explains how to obtain copies of our standards and regulations.

There are no additional Federal motor vehicle safety requirements that apply to vehicles operated by a handicapped person sitting at the driver's position in a wheelchair. I have enclosed a Veterans Administration document detailing their specifications for vehicle modifications.

Exemptions from the motor vehicle safety standards are available only to manufacturers of motor vehicles in accordance with @ 123 of the Act (15 U.S.C. 1410).

FAM Enterprises

May 17, 1976

Department of Transportation

We are building a vehicle for the handicapped driver that is confined to a wheel chair. This vehicle is so designed that the driver may enter the vehicle by himself and operate all of the functions of this vehicle without leaving his wheelchair. Our intentions are to market this vehicle on a commercial basis.

Safety and complying with the present safety regulation is of great concern to us. Are there certain safety items that may be eliminated or need to be installed that are different from a normal driving vehicle? Safety catches will be installed to hold the chair in place in case of severe impact or an accident. If you feel that some items maybe changed, I would appreciate knowing of these prior to completing our first unit. We hope to have this in operation by the end of August, 1976. If some waivers are required, would you please put us in contact with the proper authorities so that we can take the necessary action to obtain these waivers.

Gary K. Mercer