Interpretation ID: nht92-5.42

DATE: June 26, 1992

FROM: Becky Plank -- Executive Director, National Mobility Equipment Dealers Association

TO: Office of the Chief Counsel -- NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 9/15/92 from Paul Jackson Rice to Becky Plank (A39; Std. 301; Part 567)

TEXT:

Our Association consists of dealers that modify vehicles for the disabled. We have enclosed a set of our guidelines,along with an information brochure, for your perusal.

As you will note, the guidelines/standards are for our members to follow for installation of adaptive equipment. To our knowledge, there are no other guidelines/standards in the market. We are aware that we must follow the FMVSS when installing or modifying a vehicle that is not adaptive- equipped.

Currently there is a controversy in our membership over a fuel tank issue involving FMVSS 301.

One of the modifications our members perform is lowering a floor, on a full size van. When an individual drives from their wheelchair, they sit higher, thus causing them to bend their head forward to have a clear view from the windshield. Therefore, the adaptation is necessary in order to lower the eye level of a wheelchair driver, for safer operation of the van.

There was a problem with the design of the new Ford van, in that their fuel tank is larger and mounted mid-ship. When Ford Motor Company realized the hardship they had created for the disabled, they designed an after-market fuel system that complies with FMVSS.

Some of our members categorically state that they can lower the mid-ship OEM tank. Taking into consideration that the OEM fuel fill line needs to be changed, along with the mounting brackets, as well as other fuel lines; our question is - will this lowered system have to be crash tested due to the original fuel system being changed.

Based on the foregoing, we would like a legal interpretation of FMVSS 301.

We would appreciate your response regarding this very important matter as soon as possible.