Interpretation ID: 20718nhf

Mr. Robert Boston
Adaptive Mobility Systems, Inc.
5865-B Oakbrook Parkway
Norcross, GA 30093

Dear Mr. Boston:

This responds to your letter to Nicole Fradette, formerly of my staff, requesting permission to modify pre-owned 1993-1995 Dodge Grand Caravans for your disabled clients. I regret the delay in responding.

You explain that you mainly modify these vehicles by lowering the floor and relocating the fuel tank behind the lowered floor. (You explain that you cannot lower the floor without relocating the fuel tank.) You state that you use "accepted engineering practices" and perform this modification according to standards established by the Society of Automotive Engineers. You also explain that you ensure that there are no sharp angles or protruding bolts surrounding the relocated tank. Nonetheless, you are concerned that lowering the floor and relocating the gasoline tank will affect the vehicles compliance with Federal Motor Vehicle Safety Standard No. 301, Fuel System Integrity. You request blanket approval to perform any modifications which may require an exemption from the "make inoperative" provision of our statute. As explained below, we decline this request.

By way of background, the National Highway Traffic Safety Administration (NHTSA) 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 to certify that their new products conform to our safety standards before the products can be offered for sale. Manufacturers, distributors, dealers, and repair businesses are prohibited from "knowingly making inoperative" any device or element of design installed on or in a motor vehicle in compliance with an applicable standard. In general, the "make inoperative" prohibition (49 U.S.C. 30122) would require businesses which modify motor vehicles to ensure that they do not remove, disconnect, or degrade the performance of safety equipment installed in compliance with an applicable standard. Violations of this prohibition are punishable by civil fines up to $1,100 per violation.

There is no procedure by which modifiers or repair businesses petition for and are granted permission from NHTSA to modify a motor vehicle. Modifiers are permitted to modify vehicles without obtaining permission from NHTSA to do so, but are subject to the make inoperative provision of 49 U.S.C. 30122. In certain limited situations, we have exercised our discretion in enforcing our requirements to provide some allowances to a repair business which cannot conform to our requirements when making modifications to accommodate the special needs of persons with disabilities. We have issued letters stating that we would not institute enforcement proceedings against a repair business that modified a vehicle to accommodate a particular person's disability. We have always done this on an individual, case-by-case basis. While we understand your desire to avoid writing to the agency each time you need to modify a vehicle to accommodate a particular person's disability, we can not grant blanket approval at this time for all such modifications.

Further, we have not granted, and in all likelihood will not grant, an exemption from Standard No. 301. We do not believe such an exemption is justified or needed. In order to reduce deaths and injuries occurring from fires caused by leaking fuel during and after a crash, Standard No. 301 sets performance requirements for fuel systems in crashes. Preserving fuel system integrity in a crash to prevent occupant exposure to fire is extremely important to all persons, but perhaps even more so for persons with disabilities, since they often require more time to exit a vehicle. In addition, we believe that compliance with Standard No. 301 can be preserved in modified vehicles. We are aware of one tank manufacturer who has demonstrated that when its tank was correctly installed in the rear of a 1992 Ford E150 with a lowered floor and raised body, the vehicle met the performance requirements of Standard No. 301.

For your information, on September 28, 1998 (63 FR 51547), we published a proposal to regulate the aftermarket modification of vehicles for persons with disabilities by setting out exemptions from the make inoperative prohibition for certain standards and under certain conditions. In place of our reviewing each request for exemption case-by-case, the proposal would give clear guidance to modifiers about principles to follow when considering vehicle modifications to accommodate someone's disabilities. However, we announced in the NPRM that we strongly believe that a make inoperative exemption for Standard No. 301 is not justified. Standard No. 301 was not included in these standards because of the safety need to assure fuel system integrity in vehicles modified for persons with disabilities and because it is possible to modify vehicles while maintaining conformance to Standard No. 301. We anticipate publishing a final decision on the NPRM in the near future.

In closing, you do not have to ask NHTSA for an exemption from Standard No. 301 if the modification is done without compromising a modified vehicle's compliance with the standard. We urge you to ensure that the vehicles you modify will continue to meet the standard.

I hope this information has been helpful. If you have any other questions, please contact us at (202) 366-2992.

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosure
ref:VSA#301
d.3/20/00