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Interpretation ID: 10195-2

Mr. Jerry Miller
Director of Operations
Associated Leasing Handicapable Vans
12117 Riverwood Drive
Burnsville, MN 55337

Dear Mr. Miller:

This responds to your letter of May 31, 1994, requesting confirmation that "there are no rules or regulations on wheelchair tie downs for vehicles other than school buses."

You are correct that Federal motor vehicle safety standard No. 222, School Bus Passenger Seating and Crash Protection, which includes requirements for wheelchair securement devices, applies only to school buses. However, while none of the safety standards apply to wheelchair securement devices for vehicles other than wheelchairs, the manufacturer of the product is subject to federal requirements concerning the recall and remedy of products with defects related to motor vehicle safety (49 U.S.C. 30118-30121). The agency does not determine the existence of defects except in the context of a defect proceeding.

You should also be aware that the Department of Transportation has issued a final rule implementing the transportation provisions of the Americans with Disabilities Act. This final rule includes requirements for wheelchair securement devices installed in vehicles required to be accessible by this rule. A copy of the final rule is enclosed with this letter. If you have further questions on these regulations, please contact Mr. Irv Chor of the Federal Transit Administration. Mr. Chor's card is attached to the final rule.

I hope you find this information helpful. If you have any other questions concerning NHTSA regulations, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

Enclosure ref:222 d:8/19/95