ID: aiam2392

Dear Mr. Johnson: This is in response to your letter of August 16, 1976, in which you as about our regulations concerning the modification of 'vans' to make them suitable for camping. The modifications you propose to make include the installation of plumbing, water, electricity, and additional seating.; The National Traffic and Motor Vehicle Safety Act (15 U.S.C. SS1381 *et seq*.) prohibits the manufacture, offer for sale, sale, introduction in interstate commerce or importation of a motor vehicle that does not comply with all applicable standards in effect on the date of its manufacture. This prohibition does not apply (except for importation) after the first purchase of the vehicle in good faith for purposes other than resale.; The manufacturer must comply with all applicable safety standard established by the National Highway Traffic Safety Administration (NHTSA). His certification appears on a completed vehicle. It would be your responsibility to ensure that the vehicle continues to comply with all applicable safety standards after your modifications. Under Part 567 of our regulations, you must attach a label to the vehicle that states that, as altered, the vehicle continued to conform to the standards.; From the description of the modification you describe, it appears tha you might affect the compliance of the vehicle with the following standards: Standard No. 207, *Seating Systems*, Standard No. 208, *Occupant Crash Protection*, Standard No. 210, *Seat Belt Assembly Anchorages*, and Standard No. 302, *Flammability of Interior Materials*. It should be noted that any additional weight created by your modifications or a change in the distribution of weight could also affect the vehicle's compliance with other safety standards whose test procedures require a barrier crash test.; We also would point out that if you modify a Ford 'Econoline' in al probability you would change the vehicle classification from a truck to a multipurpose passenger vehicle. This should be noted on the certification label that you attach to the vehicle.; I have enclosed an information sheet that explains where you may obtai copies of these regulations.; Sincerely, Frank A. Berndt, Acting Chief Counsel

ID: aiam2986

Dear Mr. Milby: This responds to your March 1, 1979, letter asking the National Highwa Traffic Safety Administration to withdraw an earlier interpretation of Standard No. 222, *School Bus Passenger Seating and Crash Protection*, which stated that any contactable objects falling within the head protection zone must comply with the head impact and force distribution requirements. The head protection zone might include some areas in the driver's seating location, and therefore, any contactable object in the driver's seating location that falls within the zone must comply with the requirements. The agency declines to alter its interpretation.; The standard is clear in its specification of zones for head for impact and force distribution testing. These zones help to ensure that any contactable objects falling within them will be sufficiently padded to protect a child from serious injury in an accident. The head protection zone for any passenger seat extends into the seat area of the passenger seat immediately in front of it. Similarly, the zone for the front passenger seat might extend into the driver's seating location. You argue that the restraining barrier between the front seat and the driver's seat removes the need for head protection zone requirements in the driver's seating area.; The fact that a restraining barrier separates the driver's seatin location from the passenger seat bears no relevance to the need for head impact protection in the head protection zone for the front passenger seat. The head protection zone extends above and beyond the restraining barrier recognizing the possibility that the heads and upper bodies of larger children are likely to be impelled somewhat beyond the barrier in an accident. The barrier should help to prevent a child from being thrown entirely out of its seating position, but a barrier cannot prevent a child's head from being propelled beyond the barrier in some instances. Since the head protection zone requirements are designed to provide protection in these situations and that protection is needed for all passenger seats including the front seat, the agency will not alter its interpretation of the requirements as they apply to the head protection zone for the front passenger seat.; Sincerely, Frank Berndt, Chief Counsel

ID: aiam3897

Dear Mr. Shimizu: This responds to your letter of December 19, 1984, concerning th requirements of Federal Motor Vehicle Safety Standard No. 209, *Seat Belt Assemblies*. You noted that section S4.1(e) of the standard provides that 'A Type 1 or Type 2 seat belt assembly shall be provided with a buckle or *buckles* readily accessible to the occupant....' [Emphasis added.] You asked whether the standard would permit a seat belt assembly with two buckles as shown in the schematic attached to your letter. The answer is that while Standard No. 209 would permit such an assembly, whether such an assembly can be installed in a particular vehicle is determined by Standard No. 208, *Occupant Crash Protection*.; Standard No. 208 specifies performance requirements for the protectio of occupants in a crash. Section S4.1.2.3.1 provides that Type 2 lap and shoulder belt systems used in passenger cars must have a nondetachable shoulder belt. Likewise, S4.2.2 provides that certain trucks and buses with Type 2 belts must have a nondetachable shoulder belt. The belt system you illustrated in your diagram consists of one continuous loop of webbing which serves as both the lap and shoulder belt. However, your design provides a separate buckle for the shoulder anchorage and thus an occupant could release the shoulder buckle and use the belt solely as a lap belt. Thus, we would not consider your design to have a nondetachable shoulder belt.; In addition, section S7.2 of the standard sets requirements for th latch mechanism of non-automatic seat belt assemblies used in passenger cars and certain trucks and buses. Section S7.2(c) requires that the latch mechanism of non-automatic seat belt assemblies used in passenger cars and certain trucks and buses. Section S7.2(c) requires that the latch mechanism used in those vehicles must release at a single point. Therefore, a two buckle system could not be used in those vehicles.; I hope this answers your question. Sincerely, Frank Berndt, Chief Counsel

ID: 2347y

Mr. Cadwallader Jones
President
Jones Ford Inc.
P.O.Box 10267
North Charleston, SC 29411

Dear Mr. Jones:

This is in response to your letter to NHTSA in which you asked questions concerning the circumstances in which Ford vans with more than ten designated seating positions would be considered school buses for purposes of the Federal Motor Vehicle Safety Standards (FMVSS). I apologize for the delay in this response.

Your letter asked whether the vans that you describe would be considered school buses if used to transport adult education students, college students, high school students (including athletic teams), playground teams with no connection to schools, day care center clients, or children transported by churches that do not have day schools, but occasionally transport children.

The starting point for the agency's analysis of when vehicles used in these circumstances would be required to comply with FMVSS requirements applicable to school buses is Section 102(14) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1391(14)). That provision defines "Schoolbus" as a "passenger motor vehicle which is designed to carry more than 10 passengers in addition to the driver, and which the Secretary determines is likely to be significantly used for the purpose of transporting primary, preprimary, or secondary school students to or from such schools or events related to such schools."

When interpreting this provision, the agency has always looked to the nature of the particular institution purchasing the buses. If its central purpose is the education of primary, preprimary or secondary students, the agency has determined that the buses purchased must comply with the FMVSS requirements for school buses. If the institution is concerned primarily with the education of post-secondary students, or serves a function that is custodial rather than educational, NHTSA has said that the buses need not comply with the school bus requirements.

The agency has already explained the application of this provision to several of the circumstances raised in your letter. On July 12, 1977, in a letter to Mr. Jim Thomason, the agency said that buses used to transport adults and other post-high school students to vocational training need not comply with the FMVSS school bus requirements because these passengers do not fall in the categories of "primary, preprimary or secondary students." However, that interpretation also noted that a bus used by a vocational school connected with a secondary school would fall within the scope of the school bus requirements.

The agency has also determined, in a March 17, 1976 letter to Mr. W.G. Milby (and reaffirmed several times since then), that buses used to transport college students need not comply with the standards for school buses. The same letter also includes our opinion that a bus used to transport school athletic teams to activities falls within the scope of the definition of school bus, and must comply with the applicable FMVSS.

A May 10, 1982 interpretation letter to Mr. Martin Chauvin determined that vehicles used to transport children to day care centers need not comply with the school bus standards. The rationale for this decision is based on the fact that these facilities serve an essentially custodial function, although they may have some educational components, and are not considered to be schools.

Your letter also asks about transportation of children by churches which do not operate day schools. In a November 20, 1978 letter to Mr. J. Perry Robinson, this office determined that the term "school" does not include church schools such as Sunday schools, or those providing other religious training. As noted in that letter, however, a normal preprimary, primary or secondary school operated under the auspices of a church would be required to comply with the the school bus requirements.

Finally, your letter asks whether vehicles used to transport "playground teams" with no connection to a school would be required to comply with the school bus requirements. The agency has not addressed this question in any past interpretations. However, it is my opinion that a bus used to transport "playground teams" that are organized independently of any school or educational organization would not be required to comply with the school bus standards. The term "school" cannot be construed to include athletic teams not connected with any school or educational organization.

I hope you have found this information helpful. If you have any further questions, please contact David Greenburg of this office at (202) 366-2992.

Sincerely,

Stephen P. Wood Acting Chief Counsel /ref:VSA#571 d:3/20/90

ID: 1988y

Mr. Dan Trexler
Specifications Engineer
Thomas Built Buses, Inc.
P.O. Box 2450
High Point, NC 27261

Dear Mr. Trexler:

This is in reply to your letter of May 8, l989, to the former Chief Counsel of this agency, Erika Jones. You have received requests "to install a master electrical disconnect switch on many buses." When the switch is turned to the "off" position "it renders inoperative the warning signals (to the driver) required by FMVSS l05, 121 and 217. It also inactivates the hazard warning flasher required by FMVSS l08." You ask whether installation of the switch would constitute a noncompliance, or a "safety related hazard." if it is accessible to the seated driver, or if remotely located in the battery or engine compartment, without ready access to the driver.

Although you have not explained the purpose of such a device, we understand that a battery disconnect switch of this nature is deemed desirable by many bus owners to prevent drains on the battery when the bus is at rest. When the switch is activated, the bus cannot be started and driven because electric power is not available. Under this circumstance we do not believe that the switch either creates a noncompliance with any of the standards listed, nor constitutes a safety related defect, regardless of its location. When the bus is in operation the warning systems of the standards are not affected. The possibility of inadvertent activation when the bus is in use does not constitute a defect in performance, construction, components, or materials such as to create a safety related defect. To forestall any possibility of inadvertent activation, however, you may find it preferable to locate the switch away from the driver.

We understand that a purpose of this switch is to reduce the likelihood of fire after accidents in which there has been fuel spillage. In this circumstance, it is likely that the bus would be positioned either in the roadway or adjacent to it. Safety would be enhanced if the hazard warning signal power source were separate from the batteries inactivated by the disconnect switch, so that these warning lamps could continue to operate.

Sincerely,

Stephen P. Wood Acting Chief Counsel / ref:VSA#l04#l08#l2l#2l7 d:8/30/89

ID: 2859yy

Mr. Hiroshi Ozeki
Executive Vice President
Mazda Research & Development of North America, Inc.
1203 Woodbridge Avenue
Ann Arbor, Michigan 48105

Dear Mr. Ozeki:

This responds to your letter of August 8, 1990 requesting an interpretation of Standard No. 214. You state that one of Mazda's future models has a door design in which the door moulding extends below the door itself by approximately 15 millimeters. You asked whether, for purposes of positioning the loading device used in the quasi-static test of side door strength, the "lowest point of the door" referred to in S4(c)(2) of the standard would be the bottom of the door moulding or the bottom of the door itself when the moulding extends lower than the door itself.

For the quasi-static test of side door strength under Standard No. 214, S4(c)(2) currently provides that the loading device must be positioned so that ". . . (2) Its longitudinal axis is laterally opposite the midpoint of a horizontal line drawn across the outer surface of the door 5 inches above the lowest point of the door." Under the current standard, we believe that door moulding should be considered part of the door. Therefore, the "lowest part of the door" would be the lowest part of an attached door moulding. Under the current standard, that would be the reference point to be used in making the five-inch measurement. For your further information, the agency is considering proposing for public comment a possible amendment to the standard concerning the positioning of the test device.

I hope that this information is helpful. If you have any questions, please contact John Rigby at 202-366-2992.

Sincerely,

Paul Jackson Rice Chief Counsel

ref:2l4 d:3/l2/9l

ID: aiam1457

Dear Mr. Kato: This is in response to your letter of April 5, 1974, requestin interpretations of two sections of Federal Motor Vehicle Safety Standard No. 301 (39 FR 10588).; Your first question was whether dummies are required to be positione at each front outboard seating position even if such dummies are not specified for testing under Standard No. 208. The answer to your question is yes. Standard No. 301 provides for testing with dummies at each front outboard seating position regardless of the Standard No. 208 testing provisions. Where, however, Standard No. 208 specifies additional tests for dummies, such dummies are to be included in the vehicle for Standard No. 301 testing.; Your second question was whether the dummies are to be restrained b belt systems until passive restraint systems become mandatory under Standard No. 208. The answer to this question is no. The dummies are to be restrained for testing under Standard No. 301 only by systems that require no action by the vehicle occupant. Therefore, dummies are not to be restrained during testing by belt systems, but only by the passive means, if any, that are employed in the vehicle.; Thank you for your inquiry. Yours truly, Richard B. Dyson, Assistant Chief Counsel

ID: aiam2394

Dear Mr. Johnson: This is in response to your letter of August 16, 1976, in which you as about our regulations concerning the modification of 'vans' to make them suitable for camping. The modifications you propose to make include the installation of plumbing, water, electricity, and additional seating.; The National Traffic and Motor Vehicle Safety Act (15 U.S.C. SS 1381 *et seq*.) prohibits the manufacture, offer for sale, sale, introduction in interstate commerce or importation of a motor vehicle that does not comply with all applicable standards in effect on the date of its manufacture. This prohibition does not apply (except for importation) after the first purchase of the vehicle in good faith for purposes other than resale. Under these provisions, you are responsible for the compliance of any vehicle that you modify up to and including the time of first purchase for purposes other than resale.; The manufacturer must comply with all applicable safety standard established by the National Highway Traffic Safety Administration (NHTSA). His certification appears on a completed vehicle. It would be your responsibility to ensure that the vehicle continues to comply with all applicable safety standards after your modifications. Under Part 567 of our regulations, you must attach a label to the vehicle that states that, as altered, the vehicle continued to conform to the standards.; From the description of the modifications you describe, it appears tha you might affect the compliance of the vehicle with the following standards: Standard No. 207, *Seating Systems*, Standard No. 208, *Occupant Crash Protection*, Standard No. 210, *Seat Belt Assembly Anchorages*, and Standard No. 302, *Flammability of Interior Materials*. It should be noted that any additional weight created by your modifications or a change in the distribution of weight could also affect the vehicle's compliance with other safety standards whose test procedures require a barrier crash test.; We also would point out that if you modify a Ford 'Econoline' in al probability you would change the vehicle classification from a truck to a multipurpose passenger vehicle. This should be noted on the certification label that you attach to the vehicle.; I have enclosed an information sheet that explains where you may obtai copies of these regulations.; Sincerely, Frank A. Berndt, Acting Chief Counsel

ID: aiam2393

Dear Mr. Johnson: This is in response to your letter of August 16, 1976, in which you as about our regulations concerning the modification of 'vans' to make them suitable for camping. The modifications you propose to make include the installation of plumbing, water, electricity, and additional seating.; The National Traffic and Motor Vehicle Safety Act (15 U.S.C. SS 1381 *et seq.) prohibits the manufacture, offer for sale, sale, introduction in interstate commerce or importation of a motor vehicle that does not comply with all applicable standards in effect on the date of its manufacture. This prohibition does not apply (except for importation) after the first purchase of the vehicle in good faith for purposes other than resale. Under these provisions, you are responsible for the compliance of any vehicle that you modify up to and including the time of first purchase for purposes other than resale.; The manufacturer must comply with all applicable safety standard established by the National Highway Traffic Safety Administration (NHTSA). His certification appears on a completed vehicle. It would be your responsibility to ensure that the vehicle continues to comply with all applicable safety standards after your modification. Under Part 567 of our regulations, you must attach a label to the vehicle that states that, as altered, the vehicle continued to conform to the standards.; From the description of the modification you describe, it appears tha you might affect the compliance of the vehicle with the following standards: Standard No. 207, *Seating Systems*, Standard No. 208, *Occupant Crash Protection*, Standard No. 210, *Seat Belt Assembly Anchorages*, and Standard No. 302, *Flammability of Interior Materials*. It should be noted that any additional weight created by your modifications or a change in the distribution of weight could also affect the vehicle's compliance with other safety standards whose test procedures require a barrier crash test.; We also would point out that if you modify a Ford 'Econoline' in al probability you would change the vehicle classification from a truck to a multipurpose passenger vehicle. This should be noted on the certification label that you attach to the vehicle.; I have enclosed an information sheet that explains where you may obtai copies of these regulations.; Sincerely, Frank A. Berndt, Acting Chief Counsel

ID: aiam2388

Dear Mr. Johnson: This is in reply to your letter of August 16, 1976 in which you ask about our regulations concerning the modification of 'vans' to make them suitable for camping. The modifications you propose to make include the installation of plumbing, water, electricity, and additional seating.; The National Traffic and Motor Vehicle Safety Act (15 U.S.C. SS 1381 *et seq.*) prohibits the manufacture, offer for sale, sale, introduction in interstate commerce or importation of a motor vehicle that does not comply with all applicable standards in effect on the date of its manufacture. This prohibition does not apply (except for importation) after the first purchase of the vehicle in good faith for purposes other than resale. Under these provisions, you are responsible for the compliance of any vehicle that you modify up to and including the time of first purchase for purposes other than resale.; The manufacturer must comply with all applicable safety standard established by the National Highway Traffic Safety Administration (NHTSA). His certification appears on a completed vehicle. It would be your responsibility to ensure that the vehicle continues to comply with all applicable safety standard after your modifications. Under Part 567 of our regulations, you must attach a label to the vehicle that states that, as altered, the vehicle continued to conform to the standards.; From the description of the modification you describe, it appears tha you might affect the compliance of the vehicle with the following standards: Standard No. 207, *Seating Systems*, Standard No. 208, *Occupant Crash Protection*, Standard No. 210, *Seat Belt Assembly Anchorages*, and Standard No. 302, *Flammability of Interior Materials*. It should be noted that any additional weight created by your modifications or a change in the distribution of weight could also affect the vehicle's compliance with other safety standards whose test procedures required a barrier crash test.; We also would point out that if you modify a Ford 'Econoline' in al probability you would change the vehicle classification from a truck to a multipurpose passenger vehicle. This should be noted on the certification label that you attach to the vehicle. I have enclosed an information sheet that explained where you may obtain copies of these regulations.; Sincerely, Frank A. Berndt, Acting Chief Counsel