Interpretation ID: nht87-2.79

TYPE: INTERPRETATION-NHTSA

DATE: 08/27/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Major Harry A. Crytzer

TITLE: FMVSS INTERPRETATION

TEXT:

Major Harry A. Crytzer Bureau of Patrol Pennsylvania State Police l800 Elmerton Avenue Harrisburg, PA 17110

Dear Mr. Crytzer: .

This responds to your letter to our office and a telephone call between Trooper Monko of your department and Deirdre Hom of my staff, concerning how the National Traffic and Motor Vehicle Safety Act and our regulations affect a certain modificatio n of a school bus. I apologize for the delay in our response.

You explained in your letter and enclosures that the vehicle in question is a school bus with a gross vehicle weight rating (GVWR) less than 10,000 pounds. The vehicle is being leased by the Governor Mifflin school district from a local dealer, Wo lfington Body Company, who bought the vehicle from the school bus manufacturer, Collins Industries. Your letter said that Collins delivered the vehicle to Wolfingiton with an extra side door "in place." The side door has provided for purposes of installi ng a wheelchair lift. You stated that Wolfington could have installed a wheelchair lift, if it had wished to do so; however, in the case at hand, Wolfington sealed the door and installed rear seats provided by Collins in the bus.

You first ask whether the school bus dealer (Wolfington) is prohibited by Federal law from sealing the side door and installing the rear seats. The answer is no. However, Federal law does impose limitations on the modifications that may be made. Section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)) states:

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

Section lO8(a)(2l(A) prohibits Wolfington from either removing, disconnecting or degrading the performance of safety equipment or designs installed in compliance with applicable Federal safety standards. Thus, the school bus dealer cannot seal the door i f the door had been installed on the vehicle to meet the requirements for emergency exits found in Standard No. 217, Bus Window Retention and Release. In the case you describe, the school bus Has provided with a rear emergency door which presumably satis fies Standard No. 217's requirements for emergency exits. If the school bus is able to meet the requirements of the standard notwithstanding the sealed side door, then there is no "rendering inoperative" of the vehicle's compliance with the school bus em ergency exit requirements.

Nevertheless, Wolfington must ensure that no other safety design or item of equipment installed pursuant to applicable Federal safety standards was rendered inoperative by its modifications. For instance, the performance of the fuel system must be mainta ined to the level required by Standard No. 301, Fuel System integrity. Similarly, Wolfington must ensure that the seats previously certified to Standard No. 222, School Bus Seating and Crash Protection, maintained their levels of performance.

Trooper Monko requested information on the Federal requirements applying to Collins and Wolfington, if Collins had delivered the school bus with the door sealed to Wolfington, the purchaser, and Wolfington had installed the lift and removed the rearmost seats. Wolfington is subject to the "render inoperative" provisions of S108(a)(2)(A) of the Safety Act in this situation, just as it is in the situation discussed earlier. Thus, Wolfington must ensure that its modifications do not negatively affect the c ompliance of safety equipment and designs with Federal safety standards. Notably, the fuel system and seats on the school bus must continue to meet the applicable safety standards.

We note that a different set of our regulations would apply if wolfington had obtained a new school bus from Collins to resell it to a school district. These regulations apply to the alteration of new vehicles, and impose certification responsibilities o n dealers modifying new vehicles. Please do not hesitate to contact us if you are interested in those regulations.

Sincerely, Erika Z. Jones Chief Counsel

September 29, 1986

Deidre Hom, Esquire Office of Chief Counsel National Highway Traffic Safety Administration Room 5219 400 Seventh Street, S.W. Washington, D.C. 20590

Dear Ms. Hom:

It has been requested of cur office by Trooper Barry J. Jozwiak, Troop "L", Reading, to provide clarification for the Pennsylvania State Police school bus inspection on the subject of rendering inoperable an additional service door on a school bus. The v ehicle when manufactured offers a dual option to the vehicle owner for use as either a special education or normal school bus. The selected use of the school bus can be converted to the owner's transportation needs at anytime by adding or deleting certai n school bus body items.

Would any Federal Statute or Regulation prohibit the dealer or owner from rendering this extra service door inoperable?

This supplements the conversation on August 8, 1986, between you and Trooper Thomas J. Monko of my staff. As requested, the attachments are forwarded for your information.

Should you have additional questions or require further clarification, phone contact, Trooper Thomas J. Monko at (717) 783-5517.

Sincerely, Harry A Crytzer Major Bureau of Patrol

SUBJECT: Service door on school bus To: C. O. Troop "L", Reading, Pa. 4310 FROM: Tpr. Barry J. JOZWIAK, Troop "L", Reading 4310

This officer inspected a 1985 Ford School Bus, VIN#1FDJE34H5FHCl29969, Pa. Reg. SB17235, COLLINS Body; 21 Passenger (including driver) with mileage 15,742, While inspecting this vehicle it was determined that an additional service door had been installed on the right side of the vehicle at the rear. This door is usually used with buses that have lift gates in them for transporting students in wheel chairs, however, this bus does not have the lift gate. It does have seats throughout the bus. The door itself is not operable. This officer feels the doo r should be operable. GVW is 9300.

This bus is currently in use by Governor Mifflin School District, Shillington, Berks Co. Pa. The bus is on the buy-back program with WOLFINGTON Body Co., Eagle, Pa. A check with Mr. Ralph BROWN OF WOLFINGTON advised they when they order these type of veh icles they order them with the extra side door in order for the buses to be used for dual purposes. One for lift gate wheel chair use and the other for normal transportation with the door secured shut. BROWN advised there are approx 3 other buses being u sed for 1986 with the door secured shut. All others have lift gates in them.

The door is located on the right rear corner of the bus. The side rub rail is located on the right side and travels up to the rear door and stops. Another rub rail is then installed approx. 2/3 or the door and stops just past the door opening where it is secured through the pillar post with 2 5/16 inch carriage bolts. The door handle is on the outside of the door and is locked with a key. The inside or the door has a latch assembly that when the handle is turned to lock, The latch assy. travels up to th e roof or the bus and down to the floor of the bus. In this bus the latch assy. is in the open position. The key was inserted into the lock to unlock the latch, but the handle does not turn. There is a chair rail located on the inside the bus that the se ats are mounted onto on the right side of the seat. At the rear door the seats are bolted to the floor with 4 lag seats with 4 bolts in each leg. They are not attached to the chair angle rail. The chair angle rail is not attached to the door, however it is secured before the door and also with one of the carriage bolts that go through the pillar posts from the outside.

Mr. Ron PETERS, COLLINS INDUSTRIES, Hutchinson, Kansas, was contacted 1-800-835-5007 and he advised that they have made these types of vehicles for many years and that they are for dual purpose, He feels the bus is stronger with the door rather than the conventional side due to the additional structure installed for the door.

These buses are built to ordering specs and can be made with or without the side door. The bus in question is an original equipment installation. When the bus is delivered to the distributor the door is in place without the lift assy, and the rear seats are not belted to the floor. It is the dealers option to use the vehicle as he see the need, and either install the lift assy, or the seats, The only thing that actually holds the door shut is the 2 5/16 inch carriage bolts that go through the rub rail a nd the pillar post. The inside latch assy. should also hold the door shut.

This officer feels this door should function for the following reasons; 1- Pa Insp regulations 175.110, (a), (7), (vi) (c) indicate doors must function. 2- The door is equipped with an outside handle giving the appearance to the general public that this is a door. In the event of an accident a person might waste time trying to open a door that cannot be opened. 3- There are no labels placed on the door that advise door not operable. 4- The only things that actually keep the door secured is 1 rub rail th at only crosses approx. 2/3 of the bus door and 2 5/16 inch carriage bolts that go through the rub rail & into the pillar post.

Tpr. Tom MONTKO, Bureau of Patrol, discussed this with this officer and advised to inspect the vehicle for use at this time and to submit this letter along with photos of the vehicle in order to secure a legal opinion from Penn Dot and the Nat'l Safety T ransportation Board.

School Bus inspection regulations 171.50 indicate service doors and emergency doors. School Bus regulations 171.103 and 171.104 address special service entrance and special service entrance doors on vehicles with power lifts.

Photos of the bus attached.

Respectfully Submitted, Tpr. Barry J. JOZWIAK