Interpretation ID: aiam2824
Sales Manger
Minnesota Motor Company
P.O. Box 505
Fergus Falls
MN 56537;
Dear Mr. VanderLinden: Administrator Claybrook has asked me to respond to your recent lette concerning the installation of safety belts in the cargo area of a van vehicle for the purpose of securing wheelchair patients. Apparently, your legal counsel has advised you that such installation might be prohibited by Federal law or might give rise to private litigation problems in the future.; In answer to your questions, there is nothing under Federal law or th Federal motor vehicle safety standards that would prevent the installation of safety belts in the cargo area of a van to secure wheelchairs. In fact, Administrator Claybrook and the National Highway Traffic Safety Administration encourage you to make the installation requested by the senior citizens home. The safe transportation of disabled persons is currently a serious problem and every effort should be made to ameliorate the situation.; The only instance in which you would have any responsibilities unde Federal law would be an installation of additional safety belts prior to first purchase of the van by a consumer. In that case you would be a vehicle alteror (sic), and under our certification regulations you would be required to place an additional label on the vehicle specifying that, as altered, the vehicle is still in compliance with all applicable safety standards (49 CFR 567.7, copy enclosed). For example, you could not destroy the vehicle's compliance with our Fuel System Integrity standard by penetrating the gas tank with the safety belt anchorage bolts.; Concerning your liability in private litigation, the general provision of negligence law would be applicable, as with any maintenance, repair or alteration done by a motor vehicle repair business. I must defer to the advice of your own counsel on that matter, however.; Once again, the agency does encourage the installation of safety belt for the securement of wheelchairs, since the disabled are seriously endangered without some type of restraint to protect them in a crash. Further, I believe that your fears of liability should be minimal as long as the installation is accomplished with normal consideration and due care.; Please contact Hugh Oates of my office if you have any furthe questions (202-426- 2992).; Sincerely, Joseph J. Levin, Jr., Chief Counsel