Interpretation ID: nht80-3.17

DATE: 07/10/80

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Systemteknik AB

TITLE: FMVSR INTERPRETATION

TEXT: I regret the delay in responding to your letter of April 17, 1980, concerning a servo system that Systemteknik AB has developed to allow physically disabled persons to drive motor vehicles. You explained that the "electro-hydraulical system allows the driver to control the steering, throttle and brake mechanisms of the car by small movements on two (or in special cases only one) 'joystick' controllers".

You asked "on what conditions may a vehicle with a servo system as described above be used by a physically disabled person in general traffic." The National Highway Traffic Safety Administration issues Federal motor vehicle safety standards that set requirements for motor vehicles and items of motor vehicle equipment sold in the United States. The agency has not issued any standards establishing requirements for controls for disabled drivers.

Installation of such controls for disabled drivers in a new vehicle prior to vehicle's delivery to the first purchaser could be affected by section 108(a)(1)(C) of the National Traffic and Motor Vehicle Act (the Act, 15 U.S.C. 1397(a)(1)(C), a copy of which is enclosed) and the agency's certification regulation (49 CFR 567, a copy of which is enclosed) if their installation affects the ability of a vehicle system, such as the brakes, to comply with applicable standards. If the controls are installed by the vehicle's manufacturer, the manufacturer must certify that the vehicle with the controls installed conforms to all applicable Federal motor vehicle safety standards. If the controls are to be installed as an add-on item of motor vehicle equipment by an automobile dealer prior to the vehicle's delivery to the first purchaser, then section 567.7 of the certification regulation would apply. That section provides that a person who alters a previously certified vehicle must certify that the vehicle, as altered, still conforms to all applicable standards.

Although it is impossible to determine which standards might be affected by your system without actually seeing it in operation, your system might have an effect on the following standards: Standard No. 105, Hydraulic Brake Systems, Standard No. 124, Accelerator Control Systems, and Standard No. 203, Impact Protection for the Driver from the Steering Control System. So that you may be aware of all the vehicle systems that are currently covered by Federal motor vehicle safety standards, I have enclosed a sheet explaining how to obtain additional information on the standards.

The agency does have a procedure for granting temporary exemptions from Federal safety standards to facilitate the development of new motor vehicle safety features or to allow the sale of a motor vehicle whose overall level of safety is equivalent to or exceeding the overall safety of non-exempted vehicles. I have enclosed a copy of that regulation (49 CFR Part 555).

Installation of such controls in used vehicles could be affected by section 108(a)(2)(A) of the (15 U.S.C. 1397(a)(2)(A)), which in relevant part provides:

No manufacturer, distributor, dealer or motor vehicle repair business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard . . .

Modification of a device or an element of design on a vehicle during the installation of the servo system so that the device or element of design no longer complies with all applicable safety standards would be a violation of section 108(a)(2)(A).

The agency is not aware of any states that have established regulations governing the uses of assistance devices by disabled drivers. We would suggest that you contact the Veterans Administration concerning the regulations it has established for driver assistance devices purchased with their fund. Information about those regulations can be obtained from:

Anthony Staros Director Veterans Administration Prostetics Center 252 7th Avenue New York, New York 10001

I hope this information will be of assistance.