Interpretation ID: 1982-1.39

TYPE: INTERPRETATION-NHTSA

DATE: 04/02/82

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: American Transportation Corporation

TITLE: FMVSR INTERPRETATION

TEXT: This responds to your February 27, 1982, letter asking whether a vehicle which transports 10 or fewer persons could be classified as a bus if it is built with a traditional bus body. The vehicle transports fewer persons than normal, because it is designed for wheelchair occupants. The answer to your question is no.

The classification of a vehicle as a bus or a multipurpose passenger vehicle for the purposes of the Federal motor vehicle definitions of "bus" and "multipurpose passenger vehicle" in 49 CFR 571.3. A vehicle that transports the number of persons that you mentioned in your letter must be classified as a multipurpose passenger vehicle. The fact that the vehicle is designed as a bus has no relevance to its classification. The controlling factor is passenger capacity.

Since the vehicle would be a multipurpose passenger vehicle, it would be required to comply with all of the standards applicable to those vehicles. This would include complaince with Standard No. 206, Door Locks and Door Retention Components.

SINCERELY,

February 27, 1982

Office of Chief Counsil United States Department of Transportation National Highway Traffic Safety Admn.

Dear Sir:

American Transportation Corporation manufacturers buses used on both school buses and as transit buses.

One of the small (under 10,000# GVWR) buses, when equipped for transporting non-ambulatory passengers in wheel chairs could reduce the passenger capacity to 10 persons or less. Since the bus body does not change, could this bus still be classified as a bus and not a multipurpose passenger vehicle (MPV)?

If the classification should have to be MPV, would the entrance door and the special access door to the loading and unloading lift have to meet the performance requirements of FMVSS 206 for door locks and door retention components?

We would appreciate very much an early reply. Thank you in advance for your consideration.

E. M. Ryan, Sr. Project Engineer-Specifications

CC: TERRY HARRELL