Interpretation ID: 1985-02.20

TYPE: INTERPRETATION-NHTSA

DATE: 04/26/85

FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA

TO: Jerry D. Williams -- Senior Vice President, American Transportation Corp.

TITLE: FMVSS INTERPRETATION

ATTACHMT: 1/28/85 letter from Frank Berndt to Jerry D. Williams

TEXT:

Mr. Jerry D. Williams Senior Vice President American Transportation Corporation Highway 65 South Conway, Arkansas 72032

This responds to your February 13 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).

The vehicles you manufacture must be certified as meeting all the standards applicable to those vehicle types. For example, you must certify your MPV's as complying with all the safety standards applicable to MPV's. You may also voluntarily manufacture a MPV 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.

In the materials you enclosed with your letter, you indicate that some of the vehicles you manufacture are equipped with wheelchair lifts. For your information, I have enclosed a copy of a final rule recently published in the Federal Register (50 FR 12029; March 27, 1985) amending Federal Motor Vehicle Safety 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.

Sincerely,

Original Signed By

Jeffrey R. Miller Chief Counsel

Enclosure

February 13, 1985

Re: Your Letter of January 28, 1985

Dear Mr. Berndt:

I am in receipt of the above referenced letter and am hereby requesting additional clarification.

In your second paragraph, second sentence, you state, "Under our regulations, a vehicle which is designed to carry less than 11 persons would be considered a multipurpose passenger vehicle."

None of the buses which we manufacture were "designed" to carry less than 11 persons. Therefore, using this scenario we should be able to modify the seating plan to seat less than 11 persons and still meet the letter of the law.

Mr. Berndt, I am in no way trying to circumvent the law or its intent. I am simply trying to remain competitive. At the present time there are at least three of our competitors selling and delivering buses which have provisions for less than 11 passengers due to the fact that they are interpreting the law according to the aforementioned scenario.

I am enclosing copies of the above referenced letter along with my correspondence to you for your ready reference and, hopefully, early reply.

Sincerely,

Jerry D. Williams Senior Vice President Marketing

JDW:gd

Enclosures [1/28/85 letter from Frank Berndt to Jerry D. Williams omitted here.]