Interpretation ID: aiam2977
Director
Vehicle Safety Activities
Sheller-Globe Corporation
3555 St. Johns Road
Lima
OH 45804;
Dear Mr. Premo: This responds to your January 22, 1979, letter asking several question about the application of Standard No. 217, *Bus Window Retention and Release*. These questions involve the construction of a bus with a door that is made inoperable until its user desires to install a lift gate.; First, you ask whether a door that is always operable must comply wit all of the standard's requirements. The answer to this question is yes. In a related question, you ask whether the lettering and operating instructions must be removed if a user subsequently installs a lift gate and the exit no longer complies with the necessary opening dimensions of Standard No. 217.; As you know, only the manufacturer of the vehicle prior to firs purchase is responsible for ensuring the compliance of the completed vehicle with the applicable safety standards. Subsequent to the first purchase, no manufacturer, dealer, distributor, or repair business may knowingly render inoperative any device or element of design installed in a vehicle in compliance with a safety standard.; Any of the above-mentioned businesses may install a lift gate in vehicle as long as they do not otherwise knowingly render inoperative the compliance of the vehicle. Accordingly, for example, a lift gate could be installed as long as sufficient other emergency exits are available in a vehicle so that it remains in compliance with the requirements. The fact that the exit in which the lift is installed no longer complies is not important as long as there continues to be sufficient exits in the vehicle to continue its overall compliance with the standard. The National Highway Traffic Safety Administration's authority over the modification of vehicles after first purchase extends to preventing the rendering inoperative of the vehicle with the safety standards. The agency does not have the authority to force a modifier of a vehicle, after its first purchase, to undertake other responsibilities. Therefore, it would not be necessary for modifiers to remove the operating instructions or lettering applicable to the former emergency exit, although the NHTSA would encourage them to do so to avoid possible confusion in the event of an accident.; If a dealer or other business installs a lift gate prior to firs purchase, it becomes an alterer of the vehicle and must attach an alterer's label indicating compliance of the altered vehicle with the standards. In such a case, the alterer would be required to remove the label and operating instructions from the exit in which the gate was installed.; Finally, you ask whether a door that is constructed so as to b inoperable by either removing the operating mechanism or through the installation of a rub rail over its outside would have to comply with the requirements applicable to joints (Standard No. 221, *School Bus Body Joint Strength*). When a door is made inoperable by a vehicle manufacturer in the manner you suggest, it becomes part of the bus wall structure. As such, any joints on the door that would fall within the ambit of the joint strength standard would be required to comply with that standard.; Sincerely, Frank Berndt, Acting Chief Counsel