ID: aiam4933

"Dear Mr. Brito: This responds to your letter asking about recen changes in this agency's safety standards as they apply to conversion vans. You stated that, 'The recent changes that have occurred in the truck and van conversion industry regarding seats and seat belt restraints have also sparked rumors that this new law will also regulate the use of wood in the interior of a converted vehicle.' You asked if in fact there is some new NHTSA regulation of 'the use of wood in the interior of a converted vehicle.' I am pleased to have this opportunity to explain our regulations to you. The National Highway Traffic Safety Administration (NHTSA) is authorized under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., Safety Act) to issue safety standards applicable to new motor vehicles and items of motor vehicle equipment. NHTSA has exercised this authority to issue Standard No. 208, Occupant Crash Protection. As of September 1, 1991, Standard No. 208 requires, among other things, 'dynamic testing' of manual lap/shoulder safety belts installed at front outboard seating positions of multipurpose passenger vehicles and trucks with a GVWR of 8,500 pounds or less. 'Dynamic testing' means that, after fastening the safety belts around a test dummy, a test dummy occupying a seating position must comply with specified injury criteria in a 30 miles per hour barrier crash test. The specified injury criteria are the head injury criteria (HIC), chest acceleration and deflection, and femur loading. For your information, I have enclosed a copy of our November 23, 1987, final rule adopting the dynamic testing requirements for light trucks. Nothing in the dynamic testing requirements of Standard No. 208 explicitly prohibits the installation of wood in the interior of conversion vans. Indeed, some 1992 luxury passenger cars, which are also subject to crash testing, have wood installed in the vehicle interior. However, wood is a relatively hard surface in a vehicle interior, especially when compared with the padded dashboard, steering wheel, seats, and other components the head may contact in a crash. It would be very difficult for a vehicle to satisfy the injury criteria during dynamic testing if wood were installed in an area contacted by the dummy head during the crash test. Thus, the dynamic testing requirements for conversion vans may effectively limit the interior areas where wood can safely be installed. In addition, van converters are generally small entities that would not have the resources needed to independently certify that their conversion vans comply with the dynamic testing requirements. The simplest way for these van converters to certify compliance with the dynamic testing requirements is to convert the vans in accordance with the specifications provided by the original manufacturer of the van (e.g., Chrysler, Ford, or General Motors). Because of the difficulties in complying with the dynamic testing requirements if wood were installed in an area contacted by the dummy head during the crash test, the original manufacturers of vans may have advised converters in the van specifications not to add wood in the interior areas of the vans. You may wish to contact van converters or original manufacturers to learn if this is the case. Another safety standard that might limit the interior areas where wood can be installed is Standard No. 201, Occupant Protection in Interior Impact. Standard No. 201 specifies performance requirements for certain areas of the vehicle interior compartment, including portions of the instrument panel. Again, while Standard No. 201 does not explicitly prohibit the use of wood, it may be difficult to comply with the requirements of this standard if wood is added to areas subject to Standard No. 201's performance requirements. I have enclosed a current copy of Standard No. 201 for your information. I hope this information is helpful. If you have any more questions about this issue, feel free to contact Mary Versailles at this address or by telephone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel Enclosures";

ID: aiam4902

Dear Mr. Garbo: This responds to your letter of July 11, 1991 requesting clarification of Standard No. 208. Specifically, you asked 'whether the three-point seatbelt is required in all middle and rear outboard seating positions in the multipurpose vehicles after September 1, 1991.' Specifically, you requested verification of your interpretation that these requirements apply only to forward-facing seating, and not rearward-facing seating. Your interpretation regarding rearward-facing seats is correct. Beginning September 1, 1991, multipurpose passenger vehicles must have lap/shoulder belts at every forward-facing rear outboard designated seating positions. The term 'rear outboard designated seating position' is defined in S4.2.4.1(b) as an 'outboard designated seating position' located rearward of the front seat(s). If by the phrase 'middle and rear outboard seating positions' you are referring to outboard seating positions in different rows of seats located behind the front seat(s), each such position that is forward-facing must be equipped with lap/shoulder belts after September 1, 1991. If instead the term 'middle' is referring to center seating position(s) on bench seats, such positions may be equipped with either lap or lap/shoulder belts. Rearward-facing seats may also be equipped with either lap or lap/shoulder belts. I hope this information is useful. If you have any further questions or need some additional information on this subject, please contact Mary Versailles of my staff at this address or by telephone at (202) 366-2992. Sincerely, Paul Jackson Rice Chief Counsel;

ID: nht88-2.74

TYPE: INTERPRETATION-NHTSA

DATE: 07/18/88 EST

FROM: ERIKA Z. JONES -- CHIEF COUNSEL, NHTSA

TO: FRANK V. TANZELLA -- TEK TRON, INC.

TITLE: NONE

ATTACHMT: MEMO DATED 4-5-88, FROM FRANK V. TANZELLA, TO NHTSA, OCC-1857

TEXT: This responds to your letter of April 5, 1988, concerning the installation of credit card mobile telephones into taxi cabs that already have been sold to the first purchaser. You noted that you may have to cut into the back of the front seat in order to provide clearance for the phone. You asked what safety regulations would apply to this situation and whether any additional testing would be necessary.

Section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1397(a)(2)(A); the Safety Act) provides that: "No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative any device or el ement of design installed on or in a motor vehicle . . . in compliance with an applicable Federal motor vehicle safety standard . . . For purposes of this paragraph, the term 'motor vehicle repair business' means any person who holds himself out to the p ublic as in the business of repairing motor vehicles or motor vehicle equipment for compensation."

Standard No. 207, Seating Systems (49 CFR @ 571.207; copy enclosed) sets forth minimum performance requirements for the seating systems installed in new passenger cars, such as the taxi cabs you plan to modify. Assuming that your company would be a "mot or vehicle repair business" for the purposes of this contract, this statutory provision prohibits you from knowingly making any modifications that would render inoperative the taxis' compliance with any safety standards. You should be aware that by addi ng the telephone you will be adding weight to the seat. This change in weight may effect the general performance requirements in S4.2. Nevertheless, the "render inoperative" provision in the Safety Act does not require your company to test vehicles aft er installing the mobile telephone, to ensure that the vehicles continue to comply with Standard No. 207. Instead, the "render inoperative" provision in the Safety Act requires your company to carefully compare your planned installation instructions wit h the requirements of Standard No. 207, to determine if installing the mobile telephones in accordance with your planned

installation procedures would result in the vehicles no longer complying with Standard No. 207. If it would, you will have to devise some alternative means of installing the mobile telephones in the taxis. If your planned installation procedures do not render inoperative the taxis' compliance with Standard No. 207, you may follow those procedures without violating any provisions of the Safety Act.

Enclosures

ID: nht79-1.37

DATE: 04/03/79

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Nissan Motor Co., Ltd.

TITLE: FMVSS INTERPRETATION

TEXT:

APR 3 1979

NOA-30

Mr. Hisakazu Murakami Nissan Motor Co., Ltd. P.O. Box 1606 560 Sylvan Avenue Englewood Cliffs New Jersey 07632

Dear Mr. Murakami:

This responds to your letter of January 23, 1979, concerning a new design belt system for rear seat lap belts that you would like to use in future vehicles. You ask if the proposed design would comply with the requirements of Safety Standard No 208.

The answer to your question depends in which seating position in the rear seat of the vehicle the proposed belt system would be used. The new design would not comply with paragraph S7.1.1 of Safety Standard No. 208 if installed at outboard designated seating positions in the rear seat. That paragraph requires lap belts to adjust by means of an emergency-locking or automatic-locking retractor to fit persons whose dimensions range from those of a 50th-percentile 6-year-old child to those of a 95th-percentile adult male. In some cases your proposed design would not adjust automatically to fit a 95th-percentile adult male.

The proposed design would comply with the standard, however, if installed in the center seating position of the rear seat, since paragraph S7.1.1.2 specifies that a seat belt assembly installed at any designated seating position other than the outboard positions of the front and second seats shall adjust either by a retractor or by a manual adjusting device.

Since your new belt system design would currently be precluded for outboard designated seating positions, you may wish to petition for amendment of Safety Standard No. 208. Any petition should include an adequate description of the belt design, including: (1) seating positions for which the belt system would be applicable, (2) advantages of the system, (3) size of the belt system hardware, and (4) problems, if any, associated with automatic retraction of the belt system.

The National Highway Traffic Safety Administration hereby grants your request for confidentiality of the new belt system design described in your letter. Please notify us if the design becomes public in the future. Also, please note that if you petition for rulemaking in this area, the details of your belt design would probably have to be disclosed to the public, at least in general terms.

Sincerely,

Frank Berndt Acting Chief Counsel

ID: 8383

Mr. Cleo Betts
Director of Engineering
Coachmen Recreational Vehicle Co.
P.O. Box 30
Middlebury, IN 46540

Dear Mr. Betts:

This responds to your letter of February 22, 1993, concerning free standing furniture in motor vehicles. Specifically, you asked whether a dinette table and its chairs must be secured to the floor in a motor home. You also asked whether the chairs would be considered designated seating positions.

I am pleased to have this opportunity to explain our laws and regulations to you. NHTSA is authorized under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.; Safety Act) to issue motor vehicle safety standards that apply to the manufacture and sale of new motor vehicles and new items of motor vehicle equipment. NHTSA has not established any safety standards which would apply to the dinette table.

With respect to the dinette chairs, NHTSA has used this authority to establish Federal Motor Vehicle Safety Standard No. 207, Seating Systems (49 CFR 571.207), which specifies strength requirements for occupant seats. An "occupant seat" is defined in S3 of Standard No. 207 as "a seat that provides at least one designated seating position." NHTSA has also exercised its authority under the Safety Act to establish Standard No. 208, Occupant Crash Protection (49 CFR 571.208), which specifies performance requirements for the protection of vehicle occupants in crashes. These requirements are also directed toward the occupants of "designated seating positions."

The term "designated seating position" is defined at 49 CFR 571.3 as:

any plan view location capable of accommodating a person at least as large as a 5th percentile adult female, if the overall seat configuration and design is such that the position is likely to be used as a seating position while the vehicle is in motion, except for auxiliary seating accommodations such as temporary or folding jump seats.

Attached dinette seats in motor homes are "designated seating positions" under this definition and are therefore required to comply with the requirements of Standard No. 207. In addition, Standard No. 208 requires these seats to be equipped with seat belts. The type of seat belt required varies depending on the seating capacity and gross vehicle weight rating of the vehicle.

Your letter raises the question of whether seats that are not attached to the vehicle would be considered "auxiliary seating accommodations" and therefore not "designated seating positions." It is our opinion that attachment is not determinative. A manufacturer cannot escape the responsibilities of Standards Nos. 207 and 208 simply by not attaching the seat. We would look at all relevant factors in determining whether a particular seat is an auxiliary seating accommodation such as temporary or folding jump seat. I also note that S.4.4 of Standard No. 207 requires that seats not designated for occupancy while the vehicle is in motion shall be conspicuously labeled to that effect.

I must emphasize, however, that the concept of free standing furniture in motor vehicles raises a potentially serious safety concern. Unattached items, including but not limited to furniture, could be very dangerous to vehicle occupants if these items are free to move inside the occupant compartment during sudden stops or in a crash. Manufacturers of motor vehicles are subject to the defect provisions of the Safety Act. If a vehicle manufacturer included unattached items that exposed occupants to an unreasonable risk of injury, it could constitute a safety related defect that could require the manufacturer to conduct a safety recall.

I have enclosed an information sheet that identifies relevant Federal statutes and NHTSA standards and regulations affecting motor vehicle and motor vehicle equipment manufacturers, and explains how to obtain copies of these materials.

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

Sincerely,

John Womack Acting Chief Counsel ref:571#207 d:4/30/93

ID: nht93-3.30

DATE: April 30, 1993

FROM: John Womack -- Acting Chief Counsel, U.S. Department of Transportation, NHTSA

TO: Cleo Betts -- Director of Engineering, Coachman Recreational Vehicle Co.

TITLE: None

ATTACHMT: Attached to letter dated 2-22-93 from Cleo Betts to Mary Versailles (OCC 8383)

TEXT: This responds to your letter of February 22, 1993, concerning free standing furniture in motor vehicles. Specifically, you asked whether a dinette table and its chairs must be secured to the floor in a motor home. You also asked whether the chairs would be considered designated seating positions.

I am pleased to have this opportunity to explain our laws and regulations to you. NHTSA is authorized under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. S1381 ET SEQ.; Safety Act) to issue motor vehicle safety standards that apply to the manufacture and sale of new motor vehicles and new items of motor vehicle equipment. NHTSA has not established any safety standards which would apply to the dinette table.

With respect to the dinette chairs, NHTSA has used this authority to establish Federal Motor Vehicle Safety Standard No. 207, SEATING SYSTEMS (49 CFR S571.207), which specifies strength requirements for occupant seats. An "occupant seat" is defined in S3 of Standard No. 207 as "a seat that provides at least one designated seating position." NHTSA has also exercised its authority under the Safety Act to establish Standard No. 208, OCCUPANT CRASH PROTECTION (49 CFR S571.208), which specifies performance requirements for the protection of vehicle occupants in crashes. These requirements are also directed toward the occupants of "designated seating positions."

The term "designated seating position" is defined at 49 CFR S571.3 as:

any plan view location capable of accommodating a person at least as large as a 5th percentile adult female, if the overall seat configuration and design is such that the position is likely to be used as a seating position while the vehicle is in motion, except for auxiliary seating accommodations such as temporary or folding jump seats.

Attached dinette seats in motor homes are "designated seating positions" under this definition and are therefore required to comply with the requirements of Standard No. 207. In addition, Standard No. 208 requires these seats to be equipped with seat belts. The type of seat belt required varies depending on the seating capacity and gross vehicle weight rating of the vehicle.

Your letter raises the question of whether seats that are not attached to the vehicle would be considered "auxiliary seating accommodations" and therefore not "designated seating positions." It is our opinion that attachment is not determinative. A manufacturer cannot escape the responsibilities of Standards Nos. 207 and 208 simply by not attaching the seat. We would look at all relevant factors in determining whether a particular seat is an auxiliary seating accommodation such as temporary or folding jump seat. I also note that 8S.4.4 of Standard No. 207 requires that seats not designated for occupancy

while the vehicle is in motion shall be conspicuously labeled to that effect.

I must emphasize, however, that the concept of free standing furniture in motor vehicles raises a potentially serious safety concern. Unattached items, including but not limited to furniture, could be very dangerous to vehicle occupants if these items are free to move inside the occupant compartment during sudden stops or in a crash. Manufacturers of motor vehicles are subject to the defect provisions of the Safety Act. If a vehicle manufacturer included unattached items that exposed occupants to an unreasonable risk of injury, it could constitute a safety related defect that could require the manufacturer to conduct a safety recall.

I have enclosed an information sheet that identifies relevant Federal statutes and NHTSA standards and regulations affecting motor vehicle and motor vehicle equipment manufacturers, and explains how to obtain copies of these materials.

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

ID: nht80-2.13

DATE: 04/22/80

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Kenworth Truck Co.

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your telephone conversation with Mr. Schwartz of my office in which you asked whether net brake horsepower must be decipherable from the engine type encoded in the vehicle identification number (VIN) of heavy trucks.

The precise net brake horsepower of heavy trucks (or any other vehicle class or type) need not be encoded. This was the point which the agency was making in its March 22, 1979 (44 FR 17489) statement that:

(While) net brake horsepower is among the characteristics to be considered in establishing an engine type, there is no requirement that it be encoded in the engine type code. In some instances, such as with heavy truck engines, encodement would not be practicable.

However, except as provided below, the range of net brake horsepower must be encoded to differentiate engine types as required by section 4.5.2 of Federal Motor Vehicle Safety Standard 115. To define the acceptable range of net brake horsepower for a single engine type, the agency made a clarifying amendment to that section (February 25, 1980; 45 FR 12257). Footnote 1 to Table I provides that otherwise identical engines having net brake horsepower ratings that vary up to plus or minus 10 percent, may be treated as being of the same engine type.

The exception to the requirement to encode the range of net brake horsepower involves manufacturers which intend to utilize more than 33 engine types whose horsepower ranges fall outside of the plus or minus 10 percent parameters. These manufacturers will be unable to encode their current or anticipated engine types utilizing only a single VIN position since there are 33 separate characters authorized to be used for each VIN position. Consequently, they need not encode net brake horsepower in any way. The agency did not intend that more than one VIN position be used to encode net brake horsepower. Using more than one position would be impracticable at this time given the amount of information that needs to be encoded in the VIN.

Please contact Mr. Schwartz should have any further questions concerning this subject.

ID: 23087.rbm

Kenneth Conaway
Adaptive Mobility , Inc.
7050 Guion Road
Indianapolis, IN 46268





Dear Mr. Conaway:

This responds to your request for a definition of the terms "load carrying capacity" and "available load capacity" as used in 49 CFR 595.7(e)(5). This section sets forth certain disclosure requirements related to vehicle modifications made for a person with a disability. Among the requirements set forth in this section is a statement of the load carrying capacity of the vehicle if it has been reduced by more than 100 kilograms (220 pounds). I regret the delay in responding.

By way of background, the National Highway Traffic Safety Administration (NHTSA) administers a statute requiring that motor vehicles manufactured for sale in the United States or imported into the United States be manufactured so as to reduce the likelihood of motor vehicle crashes and of deaths and injuries when crashes do occur. We refer to that statute as the Vehicle Safety Act. It is codified at 49 U.S.C. 30101, et seq.

One of the agency's functions under the Vehicle Safety Act is to issue and enforce Federal motor vehicle safety standards (FMVSSs). These standards specify safety performance requirements for motor vehicles and/or items of motor vehicle equipment. Manufacturers of motor vehicles must certify compliance with all applicable safety standards and permanently apply a label to each vehicle stating that the vehicle complies with all applicable FMVSSs and providing the vehicle gross vehicle weight rating (GVWR).

NHTSA's regulations impose certain requirements on those who alter in certain ways a vehicle that has been previously certified by a manufacturer but not yet sold in good faith for purposes other than resale. Alterers are considered to be manufacturers and are responsible for ensuring that the vehicle meets all applicable federal safety standards when delivered to the first retail customer. Alterers must determine whether those modifications could affect the vehicle manufacturer's certification of compliance and, if so, must apply a label adjacent to the original manufacturer's certification label stating that the vehicle, as altered, conforms with all applicable standards.

Those who modify a completed vehicle after the first retail sale are considered to be "modifiers." The Vehicle Safety Act prohibits manufacturers, distributors, dealers, or motor vehicle repair businesses from knowingly making inoperative any part of a device or element of design installed on or in a motor vehicle or motor vehicle equipment that is in compliance with any applicable federal motor vehicle safety standard. NHTSA may assess a civil penalty to enforce this provision. NHTSA may also, through regulation, exempt a person or business from the prohibition if it decides that an exemption is consistent with motor vehicle safety and the Vehicle Safety Act.

On February 27, 2001, NHTSA published a final rule setting forth a limited exemption from the make inoperative prohibition for businesses or individuals who modify vehicles for persons with disabilities (66 Federal Register 12638; Docket No. NHTSA-01-8667). This exemption is codified in 49 CFR Part 595, subpart C. Only portions of some Federal motor vehicle safety standards are covered by the exemption.

An underlying premise of Part 595 is that the individual for whom the modifications were made is unlikely to realize that the vehicle, as modified, may no longer meet all applicable FMVSS and may have a different load carrying capacity than listed in the owner's manual or on a tire placard. These vehicle changes could have an effect on the overall performance of the vehicle. Accordingly, we determined that vehicle modifiers who decide to take advantage of the exemption set forth in 49 CFR Part 595 should provide the customer with certain safety information and place a permanent label on the vehicle. The language for the label is set out in 49 CFR 595.7(d), and a detailed breakdown of the required information is contained in 49 CFR 595.7(e). One of the required pieces of information is the vehicle's load carrying capacity when it has been reduced by 100 kilograms (220 pounds) or more.

This requirement was intended to address circumstances in which the cargo carrying capacity has been reduced as a result of the modification. The term GVWR is defined in 49 CFR 571.3 as "the value specified by the manufacturer as the loaded weight of a single vehicle." The GVWR informs vehicle owners how heavily the vehicle may be safely loaded. It also affects the vehicle's loading and other test conditions for the performance tests to ascertain whether the vehicle complies with applicable safety standards.

The only express regulatory limitation on the GVWR that manufacturers may assign to their vehicles is set forth in 49 CFR 567.4(g)(3), which provides that the assigned GVWR "shall not be less than the sum of the unloaded vehicle weight, rated cargo load, and 150 pounds times the vehicle's designated seating capacity." "Unloaded vehicle weight" is defined in 49 CFR 571.3 as "the weight of a vehicle with maximum capacity of all fluids necessary for operation of the vehicle, but without cargo, occupants, or accessories that are ordinarily removed from the vehicle when they are not in use." Although the term "rated cargo load" is not defined by regulation, generally it is the GVWR of the vehicle minus the combined weight of the occupied designated seating positions (150 pounds times the total number of designated seating positions) and the unloaded vehicle weight.

Alterers must also determine whether their modifications affect the manufacturer's stated GVWR, gross axle weight rating (GAWR), and vehicle type. If such a change has been made, the alterer must specify the new GVWR, GAWR, or vehicle type in a manner consistent with the capability of the vehicle to comply with applicable standards and operate at higher weight rating and/or as a different type of vehicle. NHTSA expects both manufacturers and alterers to assign GVWR and GAWRs that reflect the manufacturer's or alterer's good-faith evaluation of how the vehicle's braking, load bearing items (including tires), suspension, steering, and drive train components will react to the vehicle's weight, size, cargo-carrying capacity and intended use.

Although the term "load carrying capacity" was not specifically defined in the February 2001 final rule, the term was intended to convey the same meaning as vehicle capacity weight, as defined in FMVSS No. 110, Tire selection and rims. "Vehicle capacity weight" is defined in that standard as the rated cargo and luggage load plus 68 kilograms (150 pounds) times the vehicle's designated seating capacity. Simply stated, a vehicle's load carrying capacity is its GVWR minus its unloaded weight. Likewise, the term "available load capacity" means that load carrying capacity that remains after the modifications are completed.

The number of designated seating positions used to determine the load carrying capacity may not be the same as the number of designated seating positions that were in the vehicle when the vehicle manufacturer or alterer assigned the GVWR. In many instances, one or more seating positions may be removed in order to make the modifications needed to accommodate a particular disability. When calculating the load carrying capacity under 49 CFR 595, if an original designated seating position is replaced by a wheelchair retention device that will be used to secure an occupied wheelchair, that position replaces the original designated seating position, i.e., 150 pounds must be allocated for that seating position but the weight of the removed seat may be deducted. If the original designated seating position is not replaced by another seat or a wheelchair retention device, it need not be considered as a designated seating position when calculating the load carrying capacity, and the weight of the removed seats, or other equipment, need not be considered.

The installation of a wheelchair retention device to restrain an unoccupied wheelchair as cargo does not qualify as a designated seating position, and a modifier would not be required to allocate a 150 pound capacity for that position. The vehicle modifier may include the weight of the wheelchair as part of the load carrying capacity. However, the modifier is required to tell the owner of the vehicle whether the weight of the wheelchair has been included when determining the reduced load carrying capacity and when specifying what available load capacity remains. Moreover, since wheelchair weights can vary by hundreds of pounds between manually operated and self-propelled models, a modifier must state the weight it used for any wheelchair included in its calculation of available load capacity. As discussed in the February 2001 final rule, the vehicle modifications contemplated by 49 CFR 595, subpart C are limited to modifications made for a specific customer. Accordingly, the customer should be able to provide the modifier with the weight of any wheelchairs that they expect the vehicle to transport.

Should you require any additional information or assistance, please contact Rebecca MacPherson, of my staff, (202) 366-2992 or at the address given above.

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:595
d.4/25/02

ID: 15104.ogm

Mr. Jurgen Babirad
Rehabilitation Technology Associates
P.O. Box 540
Kinderhook, N.Y. 12106

Dear Mr. Babirad:

This responds to your letter of April 16, 1997, requesting information regarding modification of a motor vehicle for a driver with physical disabilities. Specifically, you request a waiver of Federal Motor Vehicle Safety Standard No. 208, Occupant Crash Protection, as the modifications proposed for this particular vehicle will replace the driver's seat with a wheelchair restraint system and remove the driver from the vicinity of the air bag originally installed in the vehicle.

By way of background information, the National Highway Traffic Safety Administration (NHTSA)is authorized under Title 49, Chapter 301 of the U.S. Code to issue Federal motor vehicle safety standards that apply to the manufacture and sale of new motor vehicles and new items of motor vehicle equipment. Chapter 301 prohibits any person from manufacturing, introducing into commerce, selling, or importing any new motor vehicle or item of motor vehicle equipment unless the vehicle or equipment item is in conformity with all applicable safety standards. NHTSA does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead, Chapter 329 establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards.

One of the standards established by NHTSA, Standard No. 208, Occupant Crash Protection (49 CFR 571.208) requires some type of occupant protection system to be installed at all designated seating positions in all passenger cars. Different installation requirements apply depending on the seating position within the vehicle and the date of manufacture.

For passenger cars manufactured on or after September 1, 1989, but before September 1, 1996, Standard No. 208 requires automatic crash protection at every front outboard seating position.

Automatic crash protection systems protect their occupants by means that require no action by vehicle occupants. Compliance with the automatic crash protection requirements of Standard No. 208 is determined in a dynamic crash test. That is, a vehicle must comply with specified injury criteria, as measured on a test dummy, in a 30 mph barrier crash test. The two types of automatic crash protection used to satisfy this requirement are automatic safety belts (which help to assure belt use) and air bags (which supplement safety belts and offer some protection even when safety belts are not used). For passenger cars manufactured on or after September 1, 1996 and before September 1, 1997, 95 percent of a manufacturer's production must have air bags at the forward outboard seating positions.

Trucks and multipurpose passenger vehicles (with a GVWR of 8,500 pounds or less)manufactured after September 1, 1994 and before September 1, 1997 are required to provide either automatic crash protection or safety belts at the front outboard seating position. During this period, manufacturers must equip certain percentages of their vehicles with automatic crash protection systems. However, section S4.2 of Standard No. 208 contains an exclusion from the automatic protection requirement for trucks and multipurpose passenger vehicles with a gross vehicle weight rating of 10,000 pounds or less. The exclusion applies to "vehicles manufactured for operation by persons with disabilities," defined as:

vehicles that incorporate a level change device (e.g., a wheelchair lift or a ramp) for onloading or offloading an occupant in a wheelchair, an interior element of design intended to provide the vertical clearance necessary to permit a person in a wheelchair to move between the lift or ramp and the driver's position or to occupy that position, and either an adaptive control or special driver seating accommodation to enable persons who have limited use of their arms or legs to operate a vehicle. For purposes of this definition, special driver seating accommodations include a driver's seat easily removable with means installed for that purpose or with simple tools, or a driver's seat with extended adjustment capability to allow a person to easily transfer from a wheelchair to the driver's seat.

In general, repair businesses are permitted to modify vehicles without obtaining permission from the NHTSA to do so, but are subject to certain regulatory limits on the type of modifications they may make. 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 would require repair businesses which modify motor vehicles to ensure that they do not remove, disconnect, or degrade the performance of safety equipment (such as an air bag) installed in compliance with an applicable standard. Violations of this prohibition are punishable by civil penalties of up to $1,100 per violation.

Removing a seat, and replacing the seat belts for the seat with a wheelchair tiedown and restraint system, could affect compliance with four standards: Standard No. 207, Seating Systems, Standard No. 208, Occupant Crash Protection, Standard No. 209, Seat Belt Assemblies, and Standard No. 210, Seat Belt Assembly Anchorages.

In situations such as yours where a vehicle must be modified to accommodate the needs of a particular disability, we have been willing to consider any violations of the "make inoperative" prohibition a purely technical one justified by public need. In your situation, NHTSA will not institute enforcement proceedings >against the business that modifies the vehicle to accommodate the condition you describe.

We caution, however, that only necessary modifications should be made, and the person making the modifications should consider other safety issues that might arise from the modification. For example, in installing a wheelchair tiedown and restraint system, it is critical that the modifier ensure that the driver's wheelchair will be solidly anchored in its new location. In addition, you should consult with the manufacturer to determine how to deactivate the air bag. The manufacturer should be able to provide information on how the modification can be safely performed. Finally, if the vehicle is sold, we encourage the owner to advise the purchaser of the modifications.

Your letter does not contain enough information to indicate conclusively whether your situation falls within the exclusion for vehicles manufactured for operation by persons with disabilities found in Standard No. 208. However, you may nonetheless rely on non-enforcement of the "make inoperative" prohibition for the reasons I described above.

If you have other questions or need some additional information, please contact Otto Matheke of my staff at this address or by phone at (202) 366-5253.

Sincerely,
John Womack
Acting Chief Counsel

ref:208

d.9/22/97

ID: nht94-1.85

TYPE: Interpretation-NHTSA

DATE: March 17, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Carl Haywood -- Operations Manager, Emergency Response Specialists (Morris, Alabama)

TITLE: None

ATTACHMT: Attached to letter dated 12/21/93 from Carl Haywood to John Womack

TEXT:

This responds to your letter of December 21, 1993, requesting information about seating requirements for emergency response units you are designing to respond to chemical spills. The response units are tractor trailer combinations which can be driven in and out of the cargo bay of C-130 Hercules aircraft which are used to transport the units to the site. You further describe the response units as follows:

Our response units are designed to transport all six (6) of our response team members, for over the highway transportation three (3) of our team members will ride in the tractor and the remaining three (3) will ride in the trailer. D uring air transportation all six (6) team members will ride in the trailer. By providing seating with lap and shoulder restraints in the response unit for both ground and air transportation we eliminate the need for special crew cabins for air transportation, and extra vehicles for ground transportation. This conserves the limited space available on the C-130 allowing us to carry all the equipment needed to respond effectively to large scale chemical releases.

You requested information on the regulation of the seating in the response units. You have already contacted several Department of Transportation agencies, including the Federal Aviation Administration.

I am pleased to have this opportunity to explain our regulations to you. Some background information on Federal motor vehicle safety laws and regulations may be helpful. Our agency is authorized, under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. S1381 et seq., Safety Act), to issue safety standards applicable to new motor vehicles and items of motor vehicle equipment. The Safety Act defines the term "motor vehicle" as follows:

any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails.

If a vehicle is a "motor vehicle" under the definition, then the vehicle must comply with all applicable safety standards, including those related to seating and occupant restraint. However, if a vehicle is not a motor vehicle under this definition, the n the vehicle need not comply with the agency's safety standards because such a vehicle is outside the agency's scope of authority.

Applying this definition to the response units, NHTSA believes the response units are motor vehicles within the meaning of the Safety Act. In determining whether a vehicle which has both on-road and off-road uses is a motor vehicle, the agency looks at whether the vehicle uses public roads on a necessary and

recurring basis. Applying this criteria to the response units, we believe that the response units have a primary function of highway transportation of personnel and equipment to the chemical spill site.

NHTSA's safety standards specify different requirements for different types of motor vehicles. Therefore, in order to determine the occupant seating requirements for the response units, it is necessary to determine how these vehicles are classified unde r our regulations. NHTSA he fines a "truck" as "a motor vehicle with motive power, except a trailer, designed primarily for the transportation of property or special purpose equipment." The tractor portion of the response unit has seating capacity for at least three passengers, but its primary use appears to be to draw the trailer. Therefore, it appears that this vehicle is a "truck" for the purpose of Federal regulations.

NHTSA defines a "trailer" as "a motor vehicle with or without motive power, designed for carrying persons or property and for being drawn by another motor vehicle." NHTSA believes the trailer portion of the response units would be considered trailers fo r the purpose of Federal regulations.

NHTSA has exercised its authority under the Safety Act to issue four safety standards relevant to occupant seating and restraint: Standard No. 207, Seating Systems, Standard No. 208, Occupant Crash Protection, Standard No. 209, Seat Belt Assemblies, and Standard No. 210, Seat Belt Assembly Anchorages.

Standard No. 207 establishes strength and other performance requirements for all "occupant seats" in passenger cars, multipurpose passenger vehicles, and trucks, and for the driver's seats in buses, except that the requirements do not apply to side-facin g seats. Therefore, all "occupant seats" in tractor portion of the response units must meet the requirements of Standard No. 207. Standard No. 207 does not apply to trailers, therefore, the seats in the trailer portion of the response units are not subj ect to the requirements of Standard No. 207.

Standard No. 208 specifies occupant protection requirements based on vehicle type and seating position within the vehicle. Different requirements also apply depending on the GVWR of the vehicle. The discussion which follows is limited to vehicles with a GVWR greater than 10,000 pounds. As explained below, trucks are required to have, at a minimum, a lap belt at every designated seating position. As with Standard No. 207, Standard No. 208 does not apply to trailers. Therefore, the seats in the trail er portion of the response units are not required to have any type of safety belt at any seating position.

The requirements for trucks with a GVWR of 10,000 pounds or more are contained in section S4.3 of Standard No. 208. Vehicle manufacturers have a choice of two options for providing occupant crash protection in trucks manufactured on or after September 1 , 1990. Option 1 requires vehicle manufacturers to provide an automatic protection system at all seating positions that meets the frontal and lateral crash protection and rollover requirements. Option 2 requires vehicle manufacturers to install lap or lap/shoulder belts at every seating position. If a manufacturer chooses to comply with Option 2, the lap belt or pelvic portion of a lap/shoulder belt must have either an emergency locking retractor or an automatic locking retractor.

Standard No. 209 sets forth strength, elongation, webbing width, durability, and other requirements for seat belt assemblies. This standard applies to all seat belt assemblies as separate items of motor vehicle equipment, regardless of whether the belts are installed as original equipment in a motor vehicle or sold as replacements. Thus, if seat belts are voluntarily installed at the seats in the trailer portion of the response units, the seat belts would be required to comply with Standard No. 209.

Standard No. 210 establishes strength and location requirements for seat belt anchorages installed in vehicles, where seat belts are required by Standard No. 208. Therefore, anchorages are required for the lap belts in the tractor, but are not required in the trailer.

Although all of the safety standards cited in this letter do not apply to each seating position in your proposed emergency response unit, the agency nevertheless encourages additional consideration and application of those performance requirements that a re appropriate to a safe design.

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