Interpretation ID: 6319_IN_makeinop

Jennifer H. Woods, Esq.
Indiana Protection
and Advocacy Services
4701 N Keystone Avenue # 222
Indianapolis, IN 46205

Dear Ms. Woods:

This responds to your letter in which you asked us to confirm your understanding of the Federal requirements regarding modifications made to a vehicle after it is first sold for retail sale. As explained below, a motor vehicle repair business must ensure that any such modification does not remove a vehicle from compliance with the applicable Federal motor vehicle safety standards (FMVSSs). However, as you correctly stated, we do not require crash tests to demonstrate continued compliance.

Generally, our standards apply to motor vehicle equipment as manufactured until the point of first retail sale. However, even after first retail sale a manufacturer, a distributor, dealer, or repair business cannot "knowingly make inoperative any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable motor vehicle safety standard" (49 U.S.C. 30122).

In your letter and in a telephone conversation with Mr. Chris Calamita of my staff, you explained that your client is seeking to have his Chevy Astro Van modified in order to accommodate adaptive driving equipment. In your phone conversation, you clarified that the vehicle to be modified has been purchased by your client at retail. You stated that the contemplated modification involves lowering the vehicle floor, and that you understand that this type of modification could remove the vehicle from compliance with FMVSS No. 301, Fuel system integrity. You then asked the agency to confirm if engineering analysis could be used to demonstrate the vehicles continued compliance with FMVSS No. 301.

You are correct that if any of the businesses listed in 30122 were to perform the modifications to your clients van, it would be prohibited from removing the vehicle from compliance with any applicable FMVSS, including FMVSS No. 301. However, the National Highway Traffic Safety Administration does not prescribe the manner in which a modifier must ensure continued compliance with the applicable FMVSSs.

A modifier may be able to contact the original manufacturer to determine that a particular modification would not violate the "make inoperative" provision. The modifier may also be able to lower the vehicle floorpursuant to a specific protocol based on analysis of testing in accordance with FMVSS No. 301. For example, the modifier may be able to modify the vehicle pursuant to a protocol provided by a trade organization that has performed the necessary analysis. We believe that the National Mobility Equipment Dealers Association (NMEDA) has successfully crash-tested a vehicle with a lowered floor and that it provides an explanation of how to make such a modification without compromising compliance with the FMVSS to its Quality Assurance Program (QAP) members. Also, a modifier may be able to use engineering analysis to determine whether a modification would take a vehicle out of compliance with applicable standards.

I hope this addresses your concerns. I have also included a previous interpretation letter to Mr. Ron Smith (October 22, 1998) that provides further information regarding the issues raised in your inquiry. Please contact Mr. Calamita at (202) 366-2992 should you have any additional questions about this matter.

Sincerely,

Stephen P. Wood
Acting Chief Counsel

Enclosures
ref:301
d.12/30/05