Interpretation ID: nht87-2.65

TYPE: INTERPRETATION-NHTSA

DATE: 08/11/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Richard Logan -- President, Logan Conversions, Ltd.

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your June 3, 1987, letter asking for information on installing a left side passenger door on new and used school buses. You stated that the door you wish to install would be added to the vehicle as an extra exit and you do not intend to seal or otherwise make inoperable any existing door. Installing an extra exit on a school bus is permitted by our regulations, provided that the work performed complies with our requirements for vehicle modifications. The applicable requirements for su ch modifications depend on the nature of the work performed and when it was done.

Before I begin to explain our requirements, let me clarify that the National Highway Traffic Safety Administration (NHTSA) does not have a process by which businesses such as yours apply to and are approved by the agency. Instead, under the National Tra ffic and Motor Vehicle Safety Act and NHTSA regulations, you are responsible for determining whether your vehicle modifications conform to Federal law and making the requisite certification in accordance with that determination. This "self-certification " process requires you to determine in the exercise of due care that you have met all applicable requirements.

If you install the door on a new school bus, you are considered an "alterer" of a previously certified motor vehicle. Under our requirements for alterers, set forth in 49 CFR Part 567.7 of our regulations (copy enclosed), you must certify that the vehic le, as altered, complies with all applicable Federal motor vehicle safety standards. Among the standards applicable to the bus are our school bus safety standards, and these include Standard No. 217, Bus Window Retention and Release.

In the case of Standard No. 217, which sets emergency exit requirements, it is important whether the additional exit in question is intended to be used as an emergency exit. While we do not prohibit the installation of additional exits in school buses, this agency has long held the position that extra "emergency exits" in school buses should comply with the

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requirements set forth in 217 for non-school bus emergency exits. If the door is not labeled or intended as an emergency exit, then Standard No. 217's requirements are not applicable.

Modifications of new or used vehicles by commercial businesses are also governed by @ 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act (copy enclosed). This section requires Logan Conversions to ensure that the modifications it performs do not render inoperative the compliance of vehicles with Federel motor vehicle safety standards. For example, when installing the extra door, your business could not alter the seats in the school bus in a manner that would take the bus out of complian ce with Safety Standard No. 222, School Bus Passenger Seating and Crash Protection. Violations of @ 108(a)(2)(A) are punishable by civi penalties of up to $ 1,000 per violation.

I hope this information is helpful. In addition to copies of the above-mentioned documents, I have also enclosed information on how you can obtain copies of NHTSA regulations for your future reference. Please contact my office if you have further quest ions.

Sincerely,

Enclosures

ATTACH.

June 3, 1987

Erika Jones -- National Highway Traffic Safety Administration, CHIEF COUNSELS OFFICE

Dear Ms. Jones,

We are a major school bus company that is based in New York City and its suburbs, and operate approximately 300 vehicles.

As part of our contractual obligation to the City of New York we are required to have part of our fleet equipped with left side passenger doors, as well as the standard right side door.

We currently own and contemplate purchasing additional school buses that do not meet left side door at this time.

We are seeking the proper authorization to perform the left side door conversions in our shops, utilizing our mechanical staff. It is for this reason that I forward this information to your office for review and a response on what steps must be taken by our corporation to perform these conversions meeting all New York State and National Highway Administration requirements.

To begin with, as you are aware, we as a New York State bus contractor are govern by the rules and regulations of the Department of Transportation. In accordance with the observance of New York State D.O.T. requirements, I have brought our conversion re quest to the attention of Mr. Robert Bailey whom is the chief motor vehicle inspector for our region. It was Mr. Bailey that suggested that I forward this request to yourself, pertaining to the specific listed below.

(1) All necessary information and applications to perform the above conversions on our own vehicles as well as vehicles owned by others.

(2) All necessary information for conversions on new and used buses.

(3) All Federal requirements for the above conversions.

Enclosed is a letter from Carpenter Body Works which indicates their interest in authorizing us to do left door conversions.

Thanking you in advance for prompt attention to our request.

Very tryly yours,

Richard Logan -- President, LOGAN CONVERSIONS LTD.

cc: Robert Bailey Chief Motor Vehicle Inspector, NYC State of New York Department of Transportation

CARPENTER BODY WORKS, INC.

November 18, 1986

Logan Bus Co., Inc.

ATTN: RICHARD LOGAN

Dear Mr. Logan:

We are enclosing all of the necessary prints for the conversion of 1977 through present buses that require the left side entrance door. Parts and prices can be obtained through your local Carpenter Dealer. If we can be assured that this conversion w ill be done complete as shown on the enclosed prints, Carpenter will authorize this body design conversion.

Sincerely,

Keith Eckensberger Senior Product Engineer