Interpretation ID: 17362.nhf
Mr. James MacDonald
MAC's Lift Gate Inc.
2715 Seaboard Lane
Long Beach, CA 90805
Dear Mr. MacDonald:
This responds to your February 20, 1998, letter requesting information regarding the modification of a used 1998 full size Dodge van previously purchased by your customer who is a paraplegic. I regret the delay in responding. In a telephone call with Nicole Fradette of my staff, you explain that you need to install a power seat base in the front passenger seat to accommodate your client's disability. You plan to attach the vehicle's right front passenger seat, which was manufactured by California Comfort, to the power seat base. You also state that you do not believe that the modification will compromise the performance of the vehicle's seat and do not believe that you would be violating any laws. However, California Comfort, the seat manufacturer, is concerned that this modification could affect its legal liability with the National Highway Traffic Safety Administration (NHTSA).
Since you (MAC's Lift Gate) will be performing the modifications to this particular vehicle, it is your responsibility, rather than California Comfort's, to ensure compliance with the "make inoperative prohibition" of 49 U.S.C. 30122. If you modify the vehicle independent of California Comfort (e.g., without the authorization or approval of that company), California Comfort would not be responsible for the modifications you make to the vehicle.
We would like to explain for background information that NHTSA is authorized to issue Federal motor vehicle safety standards that set performance requirements for new motor vehicles and items of motor vehicle equipment.(1) Manufacturers are required to certify that their products conform to our safety standards before the products can be offered for sale. After the first sale of a vehicle, 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 requires businesses which modify motor vehicles (such as MAC's Lift Gate) 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 penalties of up to $1,100 per violation. There is no procedure by which repair businesses petition for and are granted permission from NHTSA to modify a motor vehicle. Repair businesses are permitted to modify vehicles without obtaining permission from NHTSA to do so, if they comply with the limitations of 30122.
We note that NHTSA has stated in the past that it is willing to exercise discretion in enforcing the make inoperative prohibition to provide some allowances to a business which cannot conform to our requirements when making modifications to accommodate the special needs of persons with disabilities. We caution, however, that this discretion has only been considered for necessary modifications. You note that you believe you can modify the vehicle without violating the "make inoperative" provision of 30122. If it is possible for you to install the power seat without degrading the safety equipment of the van, you must do so.
Because you are involved with modifying vehicles for persons with disabilities, we bring to your attention that NHTSA is working on a proposal to regulate the aftermarket modification of vehicles for persons with disabilities. NHTSA is considering setting out exemptions from the make inoperative prohibition, but only for certain standards and under certain conditions. The proposal would give clear guidance to modifiers about principles to follow when considering vehicle modifications to accommodate someone's disabilities. For example, one such principle may be that only necessary modifications would be permitted. We intend to publish a notice of proposed rulemaking shortly.
If you have other questions or require additional information, please contact Nicole Fradette of my staff at this address or by phone at (202) 366-2992.
Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:VSA
d.7/6/98
1. Manufacturers, including California Comfort, are also responsible for ensuring that their products are free of safety-related defects. This responsibility would not be affected by your planned modification of the vehicle.