Interpretation ID: 2655o
l46 Transit Street
Waterbury, CT 06704
Dear Mrs. O'Neil:
This responds to your letter concerning the location of the clutch, brake and accelerator controls in a school bus that you drive. We apologize for the delay in our response. You stated that the seat of the school bus is about four inches too far to the right, and that these controls are therefore not in the usual location relative to the seat. You stated: "In order to reach the brake pedal I have to cross my right foot over my left," and expressed concern that a driver might accidentally hit the accelerator instead of the brake. You asked whether Federal Motor Vehicle Safety Standard No. l0l, Controls and Displays, prohibits placing controls in such difficult to reach locations and, if not, whether there is any way to get the law changed.
The National Highway Traffic Safety Administration (NHTSA) issues safety standards covering new motor vehicles and/or new motor vehicle equipment. Since these standards do not apply to used vehicles, the issue of whether the bus you drive was required to meet Standard No. l0l depends on its date of manufacture.
As you noted in your letter, Section S5.l of Standard No. l0l requires that certain controls, including the service brake, accelerator, and clutch, be "operable by the driver" when the driver is restrained by the crash protection equipment required by Standard No. 208. You asked whether, with this wording, any control that can be reached at all, even with difficulty, must be considered "operable." One of the stated purposes of Standard No. l0l is "to ensure the accessibility . . . of motor vehicle controls . . . in order to reduce the safety hazards caused by the diversion of the driver's attention from the driving task, and by mistakes in selecting controls." Thus, it is the intent of section S5.l to ensure that drivers are able to operate specified controls as part of the normal driving task. We note, however, that neither Standard No. l0l nor any other standard specifies the precise location of the service brake, accelerator and clutch controls, either relative to each other or to the seat.
In answer to your question concerning how you may be able to get requirements changed "to forbid putting controls in difficult to reach locations," interested persons may petition the agency to commence rulemaking to issue or amend safety standards. I am enclosing a copy of the agency's regulation which sets forth procedures for submitting petitions for rulemaking.
I am forwarding your letter to NHTSA's Office of Enforcement, which investigates consumer complaints about safety. A copy of this correspondence is being placed in the public docket.
Sincerely,
Erika Z. Jones Chief Counsel
Enclosure ref:l01 d:2/16/88