Interpretation ID: 2771y
Director of Core Services
Commonwealth of Massachusetts
Executive Office of Human Services
Department of Mental Retardation
160 North Washington Street
Boston, MA 02114
Dear Mr. Cahalan:
This responds to Mr. Oscar Harrell's letter requesting information about Federal regulations concerning the modification of vehicles to accommodate mentally retarded individuals. According to that letter, in response to conversations about this issue with Mr. George Shifflett of this agency's Office of Vehicle Safety Compliance, Mr. Harrell received copies of interpretation letters from my office to Mr. Vincent Foster dated September 4, 1986 and to Mr. W.G. Milby dated November 26, 1979. These letters express NHTSA's policy concerning modifications of vehicles to accommodate the special needs of handicapped individuals and the requirement in 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act prohibiting commercial businesses from knowingly rendering inoperative any elements of design installed on a vehicle in compliance with a Federal motor vehicle safety standard. Given the public interest against restricting the mobility of the handicapped, it is the agency's policy, depending on the particular situation, to consider certain violations of that section as technical ones justified by public need.
In a telephone conversation with Marvin Shaw of my staff, you explained that a van conversion company modified new Dodge Maxi-vans for your agency before they were purchased. Among the steps taken by the converter to accommodate handicapped individuals are the removal of the "top," the addition of a new "bottom," and the installation of a wheelchair lift. According to Mr. Harrell's letter, the converter, when contacted last year, stated that the vehicles, after being converted, comply with State and Federal regulations. You indicated, however, that the converter failed to certify that the vans, as altered, comply with Federal motor vehicle safety standards.
I am pleased to have this opportunity to explain our laws and regulations to you. I apologize for the delay in our response.
The National Traffic and Motor Vehicle Safety Act authorizes the National Highway Traffic Safety Administration (NHTSA) to issue safety standards applicable to new motor vehicles and new motor vehicle equipment. Each manufacturer is required to certify that its products meet all applicable safety standards.
Based on your letter and the telephone conversation with my staff, it appears that the van converter would be considered an "alterer" for purposes of of Part 567, Certification (copy enclosed). Section 567.7 defines "alterer" as
A person who alters a vehicle that has previously been certified in accordance with 567.4 or 567.5, other than by the addition, substitution, or removal of readily attachable components such as mirrors or tire and rim assemblies, or minor finishing operations such as painting, or who alters the vehicle in such a manner that its stated weight ratings are no longer valid, before the first purchase of the vehicle in good faith for purposes other than resale...
As an alterer, section 567.7 requires the vehicle converter to do the following:
(1) Supplement the certification label affixed by the original manufacturer by affixing an additional label stating that the vehicle as altered conforms to all applicable Federal motor vehicle safety standards. This supplemental label must state the name of the alterer and the month and the year in which the alterations were completed (see 567.7(a));
(2) Provide the modified values for the gross vehicle weight ratings or any of the gross axle weight ratings of the vehicle as altered if they are different from those shown on the original certification label (see 567.7(b)); and
(3) Provide the type classification, if the vehicle as altered has a different type classification from that shown on the original certification (see 567.7(c).
If the converter did not comply with these requirements, then it did not fulfill its certification responsibilities under Part 567. From what you have written to us, we assume that is the case. However, this does not in itself mean that the vehicles, as altered, do not comply with applicable safety standards or are otherwise unsafe. If you believe that the conversion of these vehicles poses a safety problem, you should contact this agency's Office of Enforcement and explain the specific safety problem.
If you have any further questions or need additional information on this subject, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992.
Sincerely,
Paul Jackson Rice Chief Counsel
Enclosure ref:567 d:l/4/91