Interpretation ID: 1985-02.12

TYPE: INTERPRETATION-NHTSA

DATE: 04/10/85

FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA

TO: Mr. Lynn R. Metzger

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Lynn R. Metzger President Mid Bus Inc. P.O. Box 1985 Lima, Ohio 45802

Dear Mr. Metzger:

This responds to your February 22, 1985 letter to the National Highway Traffic Safety Administration (NHTSA) requesting clarification of this agency's definition of a bus. A "bus" is defined in the definitions section of our motor vehicle safety standards (49 CFR 571.3) as "a motor vehicle with motive power, except a trailer, designed for carrying more than 10 persons." You asked whether a vehicle's classification under our regulations is based on the seating capacity of the vehicle as designed, which may vary, or the actual seating capacity of the vehicle as manufactured.

The National Traffic and Motor Vehicle Safety Act requires manufacturers to certify that their vehicles, as manufactured, comply with our safety standards. Thus, the agency uses the actual seating capacity of the vehicle as manufactured to determine the classification of the vehicle. NHTSA determines the seating capacity of a motor vehicle by identifying the number of designated seating positions in the vehicle. "Designated seating position" is defined in 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 and vehicle 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...." Consistent with this definition, we have also counted positions designed to accommodate wheelchairs in determining vehicle seating capacity for the determination of vehicle classification. Under our regulations, a vehicle having a total of more than 10 designated seating positions and wheelchair positions is a bus and a vehicle having a total of 10 or less positions is either a passenger car or a multipurpose passenger vehicle (MPV).

You asked why you are not permitted to build a 6 passenger MPV exactly as you manufacture a school bus. As a MPV, your vehicle must be certified as meeting all of the standards applicable to that vehicle type. You may also voluntarily manufacture the vehicle in compliance with the requirements of our school bus safety standards, as long as the vehicle continues to comply with our standards for MPV's.

A final rule was recently published in the Federal Register (50 FR 12029; March 27, 1985) amending Standard No. 206, Door Locks and Door Retention Components, to exclude doors equipped with wheelchair lifts and audible or visual alarms from the requirements of the Standard. Since you expressed an interest in that amendment, I have enclosed a copy of the final rule for your information.

Sincerely,

Original Signed By

Jeffrey R. Miller Chief Counsel

Enclosure

February 22, 1985

Ms. Diedre Hom U.S. Department of Transportation National Highway Traffic Safety Administration Room 5219 400 Seventh Street SW Washington. D. C. 20590

Dear Ms. Hom:

Thank you for discussing the 10 passenger school bus vs. multipurpose vehicle situation. As was mentioned, Mid Bus feels the regulation stating "A vehicle which is designed to carry...." is the key to this situation. We believe design means the actual capacity the body can hold. In the case of Mid Bus van, our unit is designed to carry 16 passenger. It can, at the request of a customer, be built to carry less than 10 passengers for purpose of transporting wheelchair passengers. The design of the vehicle has not changed, just the carrying capacity.

You will find enclosed floor plan showing Mid Bus units with capacities 16, 15, 10, and 6. The design of the six passenger unit is still a 16-passenger unit. It is built to carry 6.

From a liability stand point, we feel more secure building a 6 passenger vehicle exactly like we do a 16 passenger. Logically, why should people be afforded less protection going to and from school because the bus is under ten passengers?

As further discussed, we are aware of the multi-purpose vehicle specifications. You mentioned the petition for exemption from the door lock specs for vehicles with lift doors with buzzers. We feel this exemption would help, but it really attacks the problem from the back door.

Continued..........

We prefer to build school buses even if the build capacity falls below 10. Clarification of the statement "designed to" is requested. One suggestions would be an identification plate stating:

Design Capacity 16 Seating Capacity 9

In this example, the manufacturer states what the unit is designed for and also the capacity to which it is built.

Your time on the phone is appreciated and we request further review of our position.

Cordially,

Lynn R. Metzger, President

LRM:pas

CC: Frank Berndt - Chief Counsel U. S. Dept. of Transportation